Juridical Analysis Of Crimination Against Children As People Of Offenses The Crime Of Theft With Addiction

Abstract

This study aims to determine, examine, and analyze: (1) The purpose of writing this thesis is to find out the basic considerations of judges in imposing criminal sanctions on children as perpetrators of the crime of theft with aggravating circumstances, (2) to know the weaknesses of punishing children as perpetrators of the crime of theft at this time, and (3) to know the concept of punishing children as perpetrators of the crime of theft. in the future based on the value of justice. The approach method
used in this study uses a normative juridical. The specifications of this study are descriptive analytical.Based on the results of the study, it can be concluded that (1)the basis for the judge's considerations in imposing criminal sanctions on children as perpetrators of the crime of theft with
aggravating circumstances of course the panel of judges used the basis of consideration for
punishment. what was handed down was felt to be appropriate and fair. (2) The weakness of punishing
children as perpetrators of the crime of theft at this time are in the legal structure such as the mental
and moral of the relevant law enforcement officers which is inadequate, the substance factor is that
there are articles that contain conflicts, or are vague/ambiguous or have a legal vacuum that has not
yet realized justice. for children, as well as cultural factors, namely the sometimes lack of public
understanding of the restorative justice process and its objectives as well as trust in the implementation
officers. (3) The concept of punishing children as perpetrators of criminal acts of theft in the future is
based on the value of justice, which if you look at the comparison between Malaysia, the Netherlands and
Indonesia, it is felt that the concept of punishing children as perpetrators of criminal acts will bring
about justice in accordance with the prevailing values of Pancasila. in Indonesia.