Perlindungan Hukum Terhadap Anak sebagai Pelaku Tindak Pidana Pencurian dengan Pemberatan di Pengadilan Negeri Balige (Studi Putusan Perkara Nomor: 1/Pid.Sus-Anak/2018/PN Blg)

Abstract

Criminal acts committed by children today are increasingly diverse, one of which occurs in the jurisdiction of the Balige District Court, namely theft by weighting in Case Number : 1/Pid.Sus-Anak/2018/PN Blg. The problems in this thesis are: how is the legal protection of children as perpetrators of criminal acts of theft with weighting and what is the basis for judicial legal judgments in imposing criminal sanctions on children as perpetrators of criminal acts of theft by weighting. This study uses a normative and empirical juridical approach. The types of data used are primary data and secondary data. The data obtained were analyzed qualitatively juridically and deductively drawn conclusions. The results showed that legal protection for children as perpetrators of criminal acts of theft by weighting, namely the Defendant was proven to violate the Article 363 paragraph (1) 4th and 5th criminal law and in a state of physical and spiritual health, and dropping action on children in the form of returns to parents. The legal basis for judges in imposing criminal sanctions is the Prosecutor's indictment, the purpose of punishment, matters that alleviate and burden, and apply several theories of legal objectives, namely legal certainty, expediency and legal justice. Suggestions in this study are that judges in giving consideration should consider more about the situation of perpetrators who are still minors, so this certainly requires the form of rehabilitation and guidance.