PENERAPAN SANKSI PIDANA PENJARA TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN (STUDI KASUS PUTUSAN NOMOR 2/PID.SUS-ANAK/2018/PN.PYH)

Abstract

One form of crime that is often committed by children is theft, both ordinary theft as regulated in Article 362 of the Criminal Code and theft with aggravation as regulated in Article 363 of the Criminal Code. Therefore, the author will analyze Decision Number 2/Pid.Sus-Anak/2018/PN.Pyh which is related to the judge's considerations in imposing criminal sanctions on children as perpetrators of criminal acts of theft with weighting and application of criminal sanctions against children as perpetrators of criminal acts aggravated theft. The research method used in this research is normative juridical. The judge's consideration in imposing a prison sentence on a child is Article 1 point 3 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, namely that a child who is in conflict with the law is a child who has reached the age of 12 years and has not yet reached the age of 18 years. The child who committed this act of theft is 16 years 6 months old, so the elements of a criminal act have been fulfilled in accordance with Article 363 paragraph (1) 4th of the Criminal Code and 5th jo. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Applying the sanction of imprisonment to children, the defendant has been legally and convincingly proven guilty of committing the crime of theft under aggravating circumstances as regulated in Article 363 paragraph (1) 4th and 5th in conjunction with Law Number 11 of 2012 concerning the System. Juvenile Criminal Justice, as well as with the evidence that has been submitted to the judge in the trial, so that the judge imposes criminal sanctions in the form of imprisonment for 9 (nine) months reduced while the child is in temporary detention to 5 (five) months.