Analisis Hukum Terhadap Kejahatan Pencurian dengan Kekerasan yang Mengakibatkan Orang Mati dilakukan oleh Anak dibawah Umur (Studi Kasus Nomor 37/Pid.Sus. Anak/2017/Pn.Mdn)

Abstract

The theft of violence leads to the death of a person, that is, if the theft is committed by two or more persons together accompanied by the conditions set forth in paragraphs 1 and 2 of the same article, with the death penalty, life imprisonment or punishment temporary prison for twenty years. The location of the criminal offense in the form of theft with the latter violence has among others: elements of the incidence resulting from: serious injury or death of a person, committed by two people with allies, plus one of: a. Time of theft ie night, b. Elements of the way - how to enter or arrive at the place of committing a crime. Children dealing with the law in this case is the child as the perpetrator faced in a difficult situation where when they are in trouble with the law in which a child to be accountable for their unlawful behavior. Normative law research method with Type approach used in this research is approach of legislation - invitation and conceptual approach. This method by collecting bibliographic data based on related regulations and data collection of the field by taking the decision of the occurrence of criminal theft with violence ie Decision No: 37 / Pid. Sus-Anak / 2017 / PN.Mdn) to the Medan District Court. The result of this thesis research of rule of law to criminal act of theft with violence done by child is criminal act of theft with violence as regulated in Article 365 KUHPidana different from criminal act of theft. The factors that cause the child to commit a violent theft crime are internal factors are factors that come from within themselves without any external coercion. Internal factors consist of: Individual factors, heredity, family factors, external factors are factors that come from outside influences that are not derived from himself. External factors consist of: economic factors, educational factors, environmental and social factors and factors of intent and opportunity. The criminal policy against the crime of theft by child abuse is done by the child (Case Study Decision No: 37 / Pid Sus-Anak / 2017 / PN.Mdn) is the crime prevention committed by the child criminal law policy (penal) is the implementation or application of procedural law criminal under the law by state apparatus.