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ANALISIS KEBIJAKAN HUKUM PIDANA TENTANG PUTUSAN PEMIDANAAN BAGI ANAK YANG MELAKUKAN TINDAK PIDANA

HIDAYAT, MUHAMMAD (2015) ANALISIS KEBIJAKAN HUKUM PIDANA TENTANG PUTUSAN PEMIDANAAN BAGI ANAK YANG MELAKUKAN TINDAK PIDANA. Undergraduate thesis, UNIVERSITAS STIKUBANK SEMARANG.

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Abstract

In terms of criminal prosecution against minors for committing an act before the age of sixteen years, the judge may determine: ordered that the guilty be returned to their parents, guardians or caregivers, without any criminal; or ordered that the guilty be submitted to the government without any punsesuai with criminal law policy relating to Law No. 3 of 1997 on Juvenile Justice .. Formulation of this research are (1) How the criminal law policy of the verdict of punishment for children who commit criminal acts? (2) What considerations and constraints faced by judges in criminal law policy on sentencing verdict for the child who committed the crime? The approach method in this study normative. Specifications research used in concreto. Collecting data from secondary data. Methods of presenting data in research conducted in a descriptive way. Used qualitative analysis. The results showed that (1) Policy criminal law on the verdict of punishment for children who commit criminal acts, individual legally (the principle of no punishment without fault), in addition to the criminal system child's attention to the characteristics and conditions of the perpetrators, with efforts meresosialisasi, rehabilitation and social welfare because in dealing with cases of child fulfillment and protection of children's rights become the main purpose and must be based on the principle of the best interests of the child (the principle of the best interests of the child) and not neglect the welfare of the child / (2) Consideration and barriers faced by judges in criminal law policy of the verdict of punishment for children who commit criminal acts with more attention and consider the background, the causes and motivation acts or offenses committed by the child and possibly as a result of the decision for the child and future children .. Many obstacles in the application of criminal sanctions is instructive because during this time the judges in Indonesia in pidanannya imposition of only referring to laws that applied rigidly regardless of background, interests of the child and the psychological impact on the verdict. Also in the case of children, the judge often memjatuhkan dialternatifkan criminal fines with imprisonment, while the provision of Article 28 paragraph (2) of Law No. 3 1997 have been if the fines can not be paid then replaced with job training is

Item Type: Thesis (Undergraduate)
Additional Information: NIM :06.02.51.0025 SKR : II.05.01.207
Uncontrolled Keywords: Keywords: Criminal Law Policy, Punishment Children
Subjects: K Law > K Law (General)
Faculty / Institution: Fakultas Hukum
Depositing User: Dani Wardaniati
Date Deposited: 01 Feb 2016 01:42
Last Modified: 01 Feb 2016 01:42
URI: http://eprints.unisbank.ac.id/id/eprint/2646

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