Kajian Hukum Terhadap Tindak Pidana Anak sebagai Pelaku Penganiayaan Anak (Studi Kasus Putusan No.696/Pid.B/2014/PN.Mdn)

Abstract

Son is the second derivative of the parents. Children in the community social life sometimes commit a criminal act that is the crime of persecution. As a member of society children should also be legally responsible for a criminal offense does. To discuss these studies the problem posed is how the factors causing violence against children and how constraint application of criminal sanctions against the perpetrators of violence against children. Normative research method is the type of research conducted by studying the existing norms or legislation related to the issues discussed. Source data were obtained on the secondary data is data including official documents, books, research results are tangible report. Results of research and analysis explains the factors causing violence against children is the internal and external factors, the two factors that cause children a criminal offense which, among others because of factors of the family is the main factor, then the factors of the environment of the school and the third is the factor of society residence. Constraints application of criminal sanctions against the perpetrators of violence against children is a judge's verdict handed down against perpetrators of criminal acts of persecution are still far from the maximum punishment that can be imposed. That's because the law gives freedom to the judge to determine the severity of the verdict is given between the minimum and maximum criminal punishment that can be imposed. In the verdict the judge considered the facts revealed in court, things are aggravating and mitigating, and the aspect of legal certainty, usefulness and fairness. While the obstacles faced by the judge in the criminal sanctions are the judges have difficulty in obtaining information from witnesses, testimony of the defendant, filed evidence in court, and delay the prosecution conducted by the public prosecutor.