KAJIAN YURIDIS PUTUSAN HAKIM DALAM MENJATUHKAN PIDANA PENJARA PADA ANAK PELAKU TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN

Abstract

The purpose of this study is to review and analyze the settlement of criminal cases of theft committed by children based on Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Reviewing and analyzing the judge's considerations in deciding the criminal case of theft committed by children in the Sleman District Court Decision Number 25 / Pid.Sus-Anak / 2018 / PN.Smn.
The method of approach in this writing is sociological juridical. The specifics of this study used descriptive analytics. The data source uses primary data and skunder data. Data collection techniques use the study of document studies. To analyze the data, researchers use qualitative descriptive analysis methods.
Based on the results of the study obtained the conclusion that the case of the criminal act of theft which was sent at the District Court of Sleman No. 25/Pid. Sus-Child/2018/PN. SMN, the application of the Elements of section 363 paragraph (1) of the 3rd and 4th Books of the law Criminal Law on the theft of criminal acts of incrimination by the child is not in accordance with Law No. 11 of 2012 on the Child criminal justice system. Although it is true in the criminal acts elements of article 363 paragraph (1) of the 3rd and 4th Book of Criminal Code on criminal acts of theft with the incriminated circumstances committed by the child are fulfilled, but it is less in accordance with Article 5 paragraph (1) Law No. 11 year 2012 on the Child criminal justice system which prioritizes the justice Restorative approach. The principle of restorative justice by giving an opportunity to the perpetrators of the criminal (his family) to be responsible for redeeming his mistake by replacing the crime caused by a criminal offense committed by the child to the victim of criminal acts. Judgment of judges in breaking the criminal acts of theft committed by the child at the decision of the District Court of Sleman No. 25/Pid. Sus-Child/2018/PN. SMN is based on the description of witnesses, evidence tools, defendant's indictment, prosecutors Public prosecutor and the results of Community research by public guidance from the BAPAS and Law No. 11 of 2012 on the Child Criminal Justice System.
Keyword: theft criminal, child criminal justice system.