Kajian Hukum Terhadap Anak Berhadapan Hukum Dalam Tidnak Pidana Pencurian Menurut Undang-Undang No. 11 Tahun 2012 Tentang Pengadilan Anak (Studi Putusan No.67/Pid.Sus-Anak/2017/PN.Mdn)

Abstract

Children are an inseparable part of human survival and the survival of the nation and state. In the Indonesian constitution, children have a strategic role that is expressly stated that the state guarantees the right of every child to survival, growth and development as well as protection from violence and discrimination. Therefore, the best interests of children should be lived out as the best interests for the survival of humanity. The problem in writing this thesis is how the legal consequences for children who are dealing with criminal acts of theft according to Law No. 11 of 2012 concerning Juvenile Courts and how the judges consider in imposing punishments on children who are perpetrators of criminal offenses in Decision No. 67 / Pid.Sus-Anak / 2017 / PN.Mdn. Data collection techniques are carried out in the following ways: Research Library (Library Research). This method by conducting research on various sources of written reading from scholars, namely theory books about law, legal magazines, legal journals as well as lecture materials as well as regulations on criminal acts and Field Research, namely by doing spaciousness in this case the author immediately conducted a study at the Medan District Court by taking a decision related to the thesis title, namely a case about the crime of theft committed by a child, namely Decision No. 67 / Pid.Sus-Anak / 2017 / PN.Mdn. The legal consequences of criminal acts of theft committed by children are reviewed in accordance with Law No. 11 of 2012 and based on decision No. 67 / Pid.Sus-Anak / 2017 / PN.Mdn is imprisonment for two years because child offenders are proven to have committed theft by violence. Consideration of the judge on Decision No. 67 / Pid.Sus-Anak / 2017 / PN.Mdn in terms of imposing punishments on the perpetrators of criminal acts of theft committed by children is that the acts committed have fulfilled the elements in the indictment, namely Article 365 paragraph 1 to 1e and the second Criminal Code, and consider incriminating matters, namely the actions of the perpetrators disturbing the community and harming the victim and considering mitigating matters, namely the defendant is polite and has never been punished.