Abstrak :
Delinquency behavior committed by children is often the same as crimes committed
by adults, but it does not mean that the sanctions given are also the same. This
study aims to analyze the judge's legal considerations in Decision Number
10/Pid.Sus-Anak/2022/Pn.Pwt against Children perpetrators of theft crimes in
aggravation and the legal consequences caused. The legal research method used is
normative juridical with perspective type research specifications. The results of this
study show that the judge's legal considerations in applying imprisonment to
children do not use the recommendations of the correctional center, from a juridical
aspect, all charges of the public prosecutor's primair have been validly and
convincingly proven that the child has committed the crime of theft in aggravation.
The sociological aspect is that the child admits all the actions he has done, regrets
all his actions, promises not to repeat it again, the young child still has the
opportunity to improve himself for his future. The philosophical aspect for
determining the length of the sentence imposed on the child in order to maintain
the dignity and dignity of the child. As a result of the legal decision, the child is
sentenced to imprisonment for 4 (four) months minus the period of arrest and
detention, evidence is returned to witnesses and changes in the function of the
correctional center.
Keywords: crime of theft, judge's deliberations, child
|
