PENJATUHAN SANKSI PIDANA PENJARA DAN DENDA TERHADAP ANAK YANG MELAKUKAN TINDAK PIDANA PENCABULAN

(Studi Putusan Pengadilan Negeri Palembang Nomor 4/Pid.Sus-Anak/2018/PN.Plg)

Abstract

The purpose of this research is to examine the judgment of judges in the
prosecution of criminal penalties and fines in the decision of the Palembang District
Court No. 4/Pid. Sus-Anak/2018/PN. PLG under the provisions of Law No. 11 of
2012 on the Child criminal justice system.
The method of approach in writing is normative juridical, the nature of this
research is analytical descriptive research. The data source uses secondary data. Data
collection techniques using literature study/document study. Data analysis techniques
use a qualitative descriptive approach.
Based on the results of the research discussion came the conclusion that the
allotment of criminal sanctions and fines to the decision of the District Court Judge
Palembang No. 4/Pid. Sus-Child/2018/PN. PLG in the form of imprisonment for 2
(two) years and a fine of Rp. 1 billion,- (one billion rupiahs) of employment training
for 3 (three) months according to the author is not appropriate with the provisions of
Article 71 clause (3) of the Child criminal justice system law, judges should
Cumulative is not necessary to list the fines, but can directly mention the criminal
sanctions that are dropped i.e. imprisonment and criminal training work as stipulated
in Article 71 clause (3) of the Children's Criminal Justice system Act, that fines are
replaced with job training. This is because a fine criminal sanction is unlikely to be
implemented by the defendant Anak, because the child has not yet had its own
excommunication and still hang his life to the elderly.
Keywords: Criminal Acts of Abuse, Child Criminal Justice System.