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| Judul | : |
PENERAPAN SANKSI PIDANA PENJARA BAGI ANAK PELAKU TINDAK PIDANA PENGEROYOKAN YANG MENYEBABKAN KEMATIAN (Studi Putusan Nomor 2/Pid.Sus-Anak/2021/PN Mme)
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| Subjek | : |
Crime, Criminal law
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| Pengarang | : |
NADIFA PADANTYA RAIHANAH
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| Pembimbing | : |
Agus Raharjo,
Setya Wahyudi
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2024
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| Call Number | : |
345.021 52 RAI p
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
Criminal punishment, especially imprisonment for children and adults, is different.
Punishment of children prioritizes coaching as well as education and education for
children. For example, in Conviction Number 2/Pid.Sus-Anak/2021/PN Mme,
which prosecuted the crime of mobbing causing death with two children as
defendants. In the ruling, the judge rejected a report on the results of community
research (penelitian kemasyarakatan) compiled by Pembimbing Kemasyarakatan,
which suggested that children should be sentenced to conditional supervision
because the judge was more inclined to the purpose of imprisonment as a deterrent
for the children of perpetrators. This study aims to determine how the application
of imprisonment sanctions for children as perpetrators of mobbing crimes that
cause death in Conviction Number 2/Pid.Sus-Anak/2021/PN Mme based on the
perspective of child protection and knowing and analyzing the judge's legal
considerations in deciding imprisonment for perpetrators of mobbing crimes that
cause death in the case of Conviction Number 2/Pid.Sus-Anak/2021/PN Mme. This
study uses a normative juridical approach with case, statute, and conceptual
approaches. The specification of the study uses analytical descriptive. The data
sources used are secondary data consisting of primary legal materials, secondary
legal materials, and tertiary legal materials. The data collection method is carried
out by literature study, and the data obtained are presented as narrative text. The
data analysis method used is the qualitative descriptive method. The results of the
study concluded that the application of imprisonment sanctions in the verdict did
not meet the perspective of child protection because the judge had not considered
the background of the child perpetrators committing the crime of mobbing, so that
it did not meet the principle of best interests for children and had not considered
the results of community research reports, judges were more inclined to
imprisonment as a means of imprisonment, not as guidance and education. The
judge's ruling also did not consider the size of the actions committed by the
perpetrators' children and the existence of victim precipitation in the mitigating
part.
Keywords: Child Protection, Criminal Acts of Raid, Imprisonment
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