KAJIAN YURIDIS PERTIMBANGAN HAKIM DALAM MENJATUHKAN PIDANA PENJARA DAN DENDA KEPADA ANAK YANG MELAKUKAN TINDAK PIDANA PENCABULAN

Abstract

The purpose of this study is to review and analyze the application of imprisonment and fines imposed in the Palembang District Court Decision Number 4 / Pid.Sus-Anak / 2018 / PN.Plg based on the provisions of Article 71 Paragraph (3) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.
The implementation of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, shows that many children who are in conflict with the law lead to imprisonment, this is clearly contrary to the provisions of Article 81 Paragraph (5) which states that imprisonment of children is only used as a last resort. The provision of imprisonment and fines for children in conflict with the law occurred in the decision of the Palembang District Court Number: 4 / Pid.Sus-Anak / 2018 / PN.Plg.
The method of approach in this writing is normative juridical, the nature of this research is analytical descriptive research. The data source uses secondary data. Data collection techniques use literature studies / document studies. Data analysis techniques use a qualitative descriptive approach.
Based on the results of the discussion research, it was concluded that the imposition of imprisonment and fines in the decision of the Palembang District Court judge Number 4 / Pid.Sus-Anak / 2018 / PN.Plg in the form of imprisonment for 2 (two) years and a fine of Rp. 1,000,000,000,- (one billion rupiah) subsidair job training for 3 (three) months according to the author is not appropriate with the provisions of Article 71 Paragraph (3) of the Juvenile Criminal Justice System Law, The judge should in imposing a sentence on the accused Child cumulatively do not need to include the amount of the fine, but can directly mention the criminal sanctions imposed, namely imprisonment and job training as stipulated in Article 71 Paragraph (3) of the Juvenile Criminal Justice System Act, that the penalty of fine is replaced by job training. This is because the criminal sanction of fines is impossible for the child defendant to be implemented, because the child does not have his own assimilation and still depends his life on the parents.
Keywords: Criminal Acts of Abuse, Child Criminal Justice System.