Tinjauan Yuridis Terhadap Anak Berhadapan dengan Hukum dalam Tindak Pidana Pencurian dengan Kekerasan (Putusan Nomor 48\/Pid.Sus-Anak/2016/PN.Mdn)

Abstract

The crime of theft by violence committed by the child or commonly known in the community with the term robbery. Rob tools an act of evil, therefore, although it is not known in the Criminal Code but its formulation as a criminal act has clearly been regulated so it deserves to be punished as does violent theft. Problems in this thesis is how the factors causing children to do theft with violence, how the legal protection of children who commit theft with violence, how the law enforcement of children perpetrators of theft with violence. Research method in this thesis is library research. This method by way of researching law, legislation, writings or papers, document books or archives, and primary data that is a decision obtained directly by researchers at the Medan District Court. And do with direct interview technique to judge in Medan State Court. Factors The causes of theft with violence are internal and external factors. Internal factors are the impulses that occur from itself, while external factors are factors that are created from outside himself, this factor can be quite complex and varied. Social inequalities, economic disparities, injustice, are examples of the causes of crimes that come from outside themselves. Legal Protection of Children Against the Law (ABH) Related to Crime Theft by Child Violence is to respect the rights of the perpetrator to obtain justice, the legal certainty for the perpetrator and avoid the arbitrary and unnatural acts. And the application of the law against theft of criminal theft committed by the Child in Decision Number: 48 / Pid.Sus Anak / 2016 / PN.Mdn. Has been in accordance with the provisions of the law in this article 365 paragraph (2) of the Criminal Code and has been in accordance with the Law no. 35 Year 2014 on child protection. The fulfillment of the elements in Article 365 paragraph (2) which became the judge's consideration in imposing criminal sanctions on the defendant in accordance with facts revealed in the trial.