Pertanggung Jawaban Pidana Terhadap Pelaku Pembunuhan Berencana yang Dilakukan oleh Anak (Studi Putusan Nomor 46/PID.SUS-Anak/2016/PN MDN)

Abstract

Criminal liability is one part of the criminal law in addition to criminal, criminal and punishment. Criminal liability is important in criminal law, since there is no criminal sanction imposed on a person committing a criminal offense if the person committing the crime is not required to be charged. Based on the formulation of the problem and the purpose of the research, the problem formulation is (a) What is the legal arrangement of premeditated murder by the child? (b) What are the factors causing the onset of a crime of premeditated murder committed by a child? (c) How is criminal liability for the perpetrator of a premeditated murder committed by a child? Then approach method used is method of juridical normative approach, that is by reviewing legislation. In the judgment of criminal judgments committed by students, judges use judicial and normative considerations. The results of the study and discussion are (a). Medan District Court Decision 46 / pid.sis-anak / 2016 criminal liability received by the child in this case ½ (one parcel) from the public prosecutor's claim (b). Factors that trigger the occurrence of a crime are internal factors, external, psychic offender, (c) The judge also consider from the side of the family of the victim who lost one of his family to the defendant's actions, so the defendant was sentenced with a sentence of 6 (six) years imprisonment.