Perlindungan Hukum Bagi Anak Dalam Tindak Pidana Pencurian Dengan Kekerasan yang Mengakibatkan Matinya Korban (Studi Putusan No. 37/Pid.Sus-Anak/2017/PN.Mdn)

Abstract

The protection of children as perpetrators of crime will never stop throughout the history of life, because children are the next generation and successors of development, namely the generation prepared as the subject of implementing sustainable development and controlling the future of a country, including Indonesia protect human resource potential and develop Indonesian people as a whole. The problem in this study is how the legal arrangements related to children as perpetrators of criminal acts of theft with violence that resulted in the death of the victims, how to protect the law against the perpetrators of crime of theft with violence which resulted in the death of victims violence that resulted in the death of the victim in Decision No. 37 / Pid.Sus-Anak / 2017 / PN.Mdn. Research Method uses Research Library (Library Research). This method by conducting research on various written reading sources from scholars, namely theory books about law, legal magazines, legal journals as well as lecture materials and regulations concerning criminal acts. Field research, namely by conducting 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 of a crime of theft by violence which resulted in the death of the victim committed by the child namely Decision No. 37 / Pid.Sus-Anak / 2017 / PN.Mdn. the results of the research on the legal arrangement of criminal acts of theft with violence that resulted in the death of victims are regulated in Article 365 of the Criminal Code, linked to Law 35 of 2014 Amendment to Law No.23 of 2002 concerning Child Protection, and Law No.11 of 2012 Amendment to Act No. 3 of 1997 concerning Juvenile Courts. Legal protection that children get protection, accompanied by a Legal Counsel, Psychologist, there are peace efforts between the parties involved in this case but in the case of arrest, detention or imprisonment of a child in accordance with applicable law and the child still gets a prison sentence according to law applicable laws. Sanctions and penalties on Decision No. 37 / Pid.Sus-Anak / 2017 / PN.Mdn because the offender violated Article 365 paragraph (4) of the Criminal Code, considering Law No. 11 of 2012 concerning the Child Criminal Justice System, the offender was sentenced to imprisonment for six years.