PENERAPAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PERSETUBUHAN YANG DILAKUKAN OLEH ANAK

Studi Kasus Putusan Pengadilan Negeri Pemalang Nomor: 3/Pid.Sus-Anak/2018/PN Pml

Abstrak

The purpose of this study is to review and analyze the application of criminal sanctions in cases of criminal acts of copulation committed by children against children in the Pemalang District Court Decision Number: 3 / Pid.Sus-Anak / 2018 / PN Pml.
The juvenile justice process must pay attention to its position as a child with all its special traits and characteristics, thus orientation is to depart from the concept of child protection in the process of handling it so that this will be based on the concept of child welfare and the interests of the child.
The method of approach in this writing is normative juridical. The specifics of this study used descriptive analytics. The data source uses skunder data. Data collection techniques use the study of document studies. To analyze the data, researchers use qualitative descriptive analysis methods.
The application of criminal sanctions in the case of criminal acts of copulation committed by children against children in the Pemalang District Court Decision Number: 3/Pid.Sus-Anak/2018/PN Pml in the form of imprisonment for 10 (ten) months and is required to attend Job Training at a Job Training Institute for 3 (three) months according to the author is appropriate, because the child defendant has tried 14 years and his criminal charges are above 7 (seven) years so it is not mandatory to divert. This is based on evidence in the form of witness statements, expert statements, letters, instructions and statements of the defendant and refers to Article 81 paragraph (2) of The Law of the Republic of Indonesia No. 23 of 2002 concerning Child Protection and Law No. 11 of 2012 concerning the Juvenile Criminal Justice System and the information of the parents of children in the case of the report of the Results of Community Research. Non-juridical considerations are things that relieve the defendant, namely that the Child still wants to continue school and the Child's actions are based on consensual basis with the victim's child.
Keywords: Copulation Crime, Juvenile Criminal Justice System.