Tinjauan Penerapan Sanksi Pidana Terhadap Anak Sebagai Pelaku Tindak Pidana Penganiayaan Yang Menyebabkan Matinya Anak (studi Kasus No.9 Pidsus.anak/2019pn PDP)

Putra, Hafis Rizki (2022) Tinjauan Penerapan Sanksi Pidana Terhadap Anak Sebagai Pelaku Tindak Pidana Penganiayaan Yang Menyebabkan Matinya Anak (studi Kasus No.9 Pidsus.anak/2019pn PDP). Other thesis, Universitas Islam Riau.

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Abstract

Children who are in conflict with the law according to Law No. 11 of 2012 concerning the Criminal Justice System for Children who are 12 (twelve) years old, but not yet 18 (eighteen) years old who are suspected of committing a crime. Results Based on the pre-research that the author did at the Padang Panjang District Court, the authors found in Court Decision No. NO.9/PID.SUS ANAK/2019/PN PDP there it is explained that there has been a criminal act against the students of the Nurul Ikhlas Nagari Panyalaian Islamic Boarding School, X Koto District, Tanah Datar Regency, namely RA who took the action taken by a friend of his pasantren namely KA, RP, MN, and MF which was done by the victims died. The Panel of Judges of the Padang Panjang District Court sued five people in the form of imprisonment for KA 3 (three) months, RP 4 (four) months, MF 5 (five months and NN 4 (four) months. The violations of Article 80 Paragraph (3) in conjunction with Article 76 C Law Number 35 of 2014 concerning Child Protection Jo Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The main problems of the research are First, how is the application of sanctions against children as a crime that causes the death of a child in case NO.9/Pid.Sus Anak/2019/PN PDP. What are the considerations for the panel of judges in imposing criminal sanctions on children who commit crimes that cause death in case NO.9/Pid.Sus Anak/2019/PN PDP. The method of this research is that this research belongs to observational research, where this research is carried out by survey or conducted to a place that was previously assisted by data collection tools, namely interviews. This study aims to explain that is descriptive, namely the author tries to explain clearly and in detail about the judge's considerations in making a decision against what happened at the Padang Panjang District Court. The results of the study, namely the application of sanctions against children as perpetrators of criminal acts based on what caused the death of the child in case NO.9/Pid.Sus Anak/2019/PN PDP was sentenced to imprisonment for 3 (three) months, RP 4 (four) months , MF 5 (five) months and NN 4 (four) months. This is based on examination in the trial where the evidence presented by the public prosecutor includes witnesses and honestly admits his actions openly. The consideration of the panel of judges in imposing criminal sanctions on children who commit crimes that cause death in case NO.9/Pid.Sus Anak/2019/PN PDP is that judges use juridical and non-juridical considerations.

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