PERTANGGUNG JAWABAN HUKUM PADA ANAK TERKAIT TINDAK PIDANA BULLYING YANG MENYEBABKAN KEMATIAN MENURUT PASAL 80 AYAT (3) KUHP

(Studi Kasus Putusan Nomor : 20/PID.SUS-ANAK/2023 /PTSBY)

Abstrak

Acts of bullying against children that result in death are serious tragedies
that require special attention in the realm of children's law. This phenomenon
shows the need for strengthening and legal protection of children's rights, in line
with legal developments that increasingly focus on humanitarian aspects and
protection of vulnerable groups. Crimes of violence against children that result in
death create an alarming situation in society.
The aim of this research is to determine the legal responsibility of children
and the basic considerations in deciding cases of criminal acts of bullying against
children which cause death according to Article 80 paragraph (3) of the Criminal
Code in Decision Number: 20/PID.SUS-ANAK/2023 /PT. SBY.
This research method uses a type of normative juridical research, namely
legal research which is carried out by examining library materials or secondary
data as basic material for research by conducting searches on regulations and
literature related to the problem being studied. The type of data in this research is
secondary data, which is data obtained by researchers from library research and
documentation, which is the result of research and processing by other people,
which is already available in the form of books or documentation which is usually
provided in libraries.
Research results: The legal responsibility of children in cases of criminal
acts of bullying against children that result in death involves various factors,
including the age of the perpetrator, the laws in force in certain countries or
jurisdictions. In some jurisdictions, children under a certain age may not be
punished in a certain way. just like adults. The basis for consideration according
to the appeal request from the Appellant/Public Prosecutor is submitted within the
time limit and according to the methods specified in the law, therefore the appeal
request can formally be accepted. In accordance with the purpose of punishment
itself, among other things, it is to educate children to improve themselves
(corrective), it also has the character of deterring the perpetrator and has a
preventive nature (prevention) so that criminal acts do not need to happen again,
especially for the perpetrator.
Keywords: Legal Responsibility, Children, Criminal Acts of Bullying