Analisis Yuridis Tindak Pidana Penganiayaan Anak Perkara Putusan No. 28/PID.SUS/2014/PN.BS

Yudha, T. Ahmad Sukma (2021) Analisis Yuridis Tindak Pidana Penganiayaan Anak Perkara Putusan No. 28/PID.SUS/2014/PN.BS. Other thesis, Universitas Islam Riau.

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Abstract

Children are young children, potentials and gifts to continue the struggle of the nation, who have a strategic role and have special characteristics and characteristics that ensure the continuity of the existence of the nation and state in the future. Therefore, in order for every child to be able to bear this responsibility, he needs to have the widest possible opportunity to grow and develop optimally, both physically, mentally and socially and with noble character, it is necessary to make protection efforts and to realize children's welfare by providing guarantee of the fulfillment of their rights and the existence of treatment without discrimination. The main problem is how to prove the criminal act of child abuse in trial by the prosecutor in case no. 28 / Pid.Sus / 2014 / PN.Bs and How Judges considerations in deciding criminal acts of child abuse in the case of decision No. 28 / Pid.Sus / 2014/PN.Bs. This type of research is normative legal research, namely examining library materials / secondary data by conducting study, discussion, and studying the object under study, namely studying the case of decision No. 28 / Pid.Sus / 2014 / PN.Bs And the research is descriptive in nature, which can describe a complete reality regarding the evidence by the public prosecutor and the judge's consideration in the case of decision No. 28/Pid.Sus / 2014 / PN.Bs. The results of the research are proof of criminal case of child abuse in the case of decision No.28/ PID.SUS / 2014/ PN.BS has strong evidentiary power, based on the public prosecutor in proving the guilt of the defendant who has submitted valid evidence and has met the principles. minimum proof in the form of I witness testimony totaling 4 witnesses, 2 letters of the results of visum et repertum of the Health Service UPT Puskesmas Sungayang Work Area no: 18 / Pusk-Sgy /1/ 2014 dated 28 January 2014, and 3 statements of the defendant himself are also supported by the evidence presented as well as adhering to the provisions stipulated in the Criminal Procedure Code (KUHAP). Judges' legal considerations in the case decision No.28 / PID.SUS / 2014 / PN.BS are appropriate and adhere to the Criminal Procedure Code (KUHAP) but the author feels inaccurate for the imposition of punishment, due to the facts in the trial. in which there is valid evidence plus it causes the victim to experience visual disturbances until the time the verdict is issued and the defendant does not object to the indictment, does not bring a witness to lighten up (a de charge) and does not submit a defense, of course it can be used as one of the bases considerations by the judge in imposing even harsher criminal sentences.

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