Analisis Putusan Hakim Terhadap Peradilan Anak Yang Melakukan Tindak Pidana Persetubuhan (Studi Kasus di Pengadilan Negeri Kisaran)

Abstract

Children as the nation's next generation should get protection from parents and the state. Children are also often faced with the law, whether he senagai perpetrators, victims and witnesses. Judges have an important role in deciding a criminal case in the justice system should also be careful in its legal considerations against children as a criminal. Please note juridical and non juridical considerations that the resulting verdict against children in conflict with the law can ultimately promotes the interests of children's rights. This type of research in this thesis is a normative legal research. This study aims to assess the role of the judge in deciding the criminal act of intercourse. To assess the limiting factor in the application of the law against child who had intercourse in the District Court of range. To assess differences in consideration of the judge in the case of criminal punishment substitute fines if criminal fines are not paid. The role of the judge in deciding the criminal act of intercourse. Linkages role of judge in deciding the criminal act of intercourse, in this case in its consideration of Judges of the view that the range of children who commit criminal acts of intercourse should be considered a factor of age, social and economic tersebut.dimana children in the age of the child in all actions is very easy in influenced by social and economic factors, such as lack of good upbringing in the family, relationships in the community. Because the criminal acts of intercourse that children do not merely child's fault, but be affected by factors that have been described previously. Limiting factor internally in the application of the law against children who do persetubugan in the District Court of The range is as follows: Constraints internally not have problems, because the product legislation has been set out clearly in the application of laws against child who committed a crime, and the crime of sexual intercourse , Factors external constraints are as follows: 1) Constraints in the application of the law against child who committed a criminal act of intercourse is when the victim is a child too. 2) Cooperation with other agencies has not gone well. Differences consideration of the judge in the case of criminal punishment substitute fines if criminal fines are not paid. Differences consideration of Judges in the case of criminal punishment substitute fines if the fines are not paid in the District Court of The range varies, some people think criminal penalties for failure to pay can be replaced with a cage, but there is also considered a criminal penalty if not paid may be replaced by a convicted fatherly undergo work training.