Penerapan Hukum Terhadap Anak sebagai Pelaku Tindak Pidana Pencurian dengan Kekerasn (Putusan Nomor: 42/Pid.Sus-Anak 2017/PN-Mdn)

Abstract

A child is a child who is 12 (twelve) years old, but not yet 18 (eighteen) years of age who is suspected of committing a crime. Criminal Actors are children suspected of committing crimes. The social phenomenon that occurs that criminal acts committed by children (Juvenile delinquency) today also occur in various regions, one of which occurred in the jurisdiction of the Medan District Court. One crime that is rampant is a crime of theft with violence. Crime of theft by force is regulated in Article 365 of the Criminal Code. This study focused on how the Law was applied to Children as perpetrators of theft and violence which was purified against Law Number 11 of 2012 concerning the Criminal Justice System of Children (SPPA) and the Criminal Code (KUHP). This study uses the Normative Research Method, which is research whose object of study includes basic norms or rules, principles of law, legislation, comparative law, doctrine, and jurisprudence. The type of data used in this study is secondary data, namely data obtained from the library (library research) library, Faculty of Law, University of Medan Area. This research is analytical descriptive, meaning that this research includes the scope of research that analyzes, illustrates, analyzes and explains precisely and analyzes the laws and regulations relating to the Application of Laws Against Children As Actors Criminal Case Study Criminal Decision Number: 42 / Pid. -Child 2017 / PN.MDN. Consideration of the application of the law to Children As Actors of Crime of Theft With Violence in Decision Number: 42 / Pid.Sus Anak / 2017 / PN. With violence. The application of the law against Muhammad Hadji Als Aji, a child who is dealing with the law of the perpetrator of a crime of theft with violence in the Decision Number: 42 / Pid.Sus Anak / 2017 / PN. Number 11 of 2012 concerning the Criminal Justice System of Children. Where the child can account for his actions and his rights as a child the perpetrator of a crime guaranteed in Law Number 11 of 2012 concerning the Criminal Justice System of the Child has been fulfilled.