Penjatuhan Sanksi Pidana Terhadap Anak Sebagai Pelaku Tindak Pidana Pencabulan Dalam Perkara Nomor : 27/PID.SUS.Anak/2016/PN.BKN

Dirgantara, Yogi (2020) Penjatuhan Sanksi Pidana Terhadap Anak Sebagai Pelaku Tindak Pidana Pencabulan Dalam Perkara Nomor : 27/PID.SUS.Anak/2016/PN.BKN. Other thesis, Universitas Islam Riau.

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Abstract

The talk of his children and his protection will never stop in the history of life, because children are generations of successors of the nation and successor of the construction, it is a generation prepared as a sustainable development subject and a future holder of a country. The main problem in this research is how about imposing criminal sanctions to child as offenders of sexual abuse in the case of number : 27/Pid.Sus.Son/2016/PN.Bkn and how about the judge's consideration in dropping the criminal sanctions to child as offenders of sexual abuse in the case of number : 27/Pid.Sus.Son/2016/PN.Bkn. As for this research includes an observational research in a survey way, it means a research that writer are directly described to obtain information and datacollecting is an interview, which is based on observation's way trought the analitics descriptive, To descripting point of view about imposing criminal sanctions to child as offenders of sexual abuse in the case of number : 27/Pid.Sus.Son/2016/PN.Bkn and the judge's consideration in dropping the criminal sanctions to child as offenders of sexual abuse in the case of number : 27/Pid.Sus.Son/2016/PN.Bkn. Based on this observation, the penalty substitute penalties in the case of number : 27/Pid.Sus.Son/2016/PN.Bkn is not accordancing with the prevailing laws and regulations because it is clearly mentioned in article 71 paragraph 3 of law number 11 year 2012 about the criminal justice system of the child, that if the material punishment is threatened by the cumulative criminal in the form of imprisonment and fines and penalties replaced while the ruling on a penalty substitute for fines is confinement. And the judgment of judges in taking criminal sanctions against children as perpetrators of criminal offenses in the case of number : 27/Pid.Sus.Son/2016/PN.Bkn has a mistake caused by judge in considering the case only impose criminal sanction in accordance with Article 81 paragraph (2) of Law Number 35 year 2014 on child protection without the inclusion of chapters 64 paragraph (1) of the Criminal Code concerning the continuing action, due to the fact that occurs in the field of the defendant's deed that commit the criminal offence to the victim is carried out more than once and should be included into one of the incriminated things.

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