PERTANGGUNGJAWABAN PIDANA ANAK TERHADAP TINDAK PIDANA PENCURIAN DENGAN KEKERASAN

(Studi Putusan Perkara Nomor 02/Pid.Sus.Anak/2020/PN.Sgn)

Abstrak

Criminal offenses committed by children nowadays more varied one of
which occurred in the jurisdiction of the District Court of Sragen namely theft
with violence and weighting in Case Number: 02 / Pid.Sus / Anak / 2020 /
PN.Sgn. Criminal punishment against the perpetrators adversely affects a child's
development. The problems that exist in this thesis are: How is the criminal
responsibility of children as perpetrators of the crime of theft with violence, then
What is the basis of legal considerations judges in imposing criminal sanctions
against children as perpetrators of the crime of theft with violence.
This study uses normative juridical approach and empirical. The type of
data used are primary data and secondary data. The data obtained were analyzed
qualitatively juridical and conclusions drawn deductively.
The results showed that the criminal responsibility of children as
perpetrators of the crime of theft with violence and weighting the defendant
violated Article 365 paragraph (2) of the 2nd Criminal Code and be healthy
physically and mentally, and not found reason eraser criminal defendant
categorized able to be responsible for the act of doing premises serving a sentence
of imprisonment for tri (3) months. Basic legal considerations judges in imposing
criminal sanctions is the indictment prosecutors, the purpose of punishment, the
mitigating circumstances and aggravating, and apply some theories of law that
legal certainty purpose, usefulness and fairness of law.
Keywords: Criminal liability, Child, Theft, Violence.