Pertanggungjawaban Pidana Anak Sebagai Pelaku Tindak Pidana Pencurian Disertai dengan Pencabulan Terhadap Anak dibawah Umur (Studi Putusan Nomor:51/Pid.Sus-Anak/2016/PN Mdn)

Abstract

Children as offender in this study are them who have committed to criminal acts like theft with fornication towards minors, by doing tricks and lie, then persuading the victim and performing violences until kill one’s life. The study purposes to identify how the accountability of child crime as theft offender with fornication towards minors. How the consideration of the judge in deciding criminal sanctions for theft offender with fornication towards minors verdict number: 51/Pid.Sus-Anak/2016/PN Mdn. This research used normative research method which finding and collecting data by applying literature research about legislation, law books, law articles, judge’s verdict, scientific journals related to the issues discussed by the writer. The result shows that judge considerations in giving the criminal accountability to the theft offender with fornication towards minors was noticing the children’s privilege, not only applying the diversion and restorative justice but also decreasing half of the punishment of adult. However, in deciding the punishment, judge had to notice mitigating and burdensome things which is committed by defendant with criminal sanctions 9 years and 6 month imprisonment based on regulatory reference on Chapter 365 verse (3) KUHP (The Criminal Code) and Chapter 82 Law Number 35 of 2014 amendment to Law Number 23 of 2002 on children protection and Law Number 11 of 2012 on children crimal justice system.