TINJAUAN YURIDIS PENERAPAN SANKSI PIDANA TERHADAP ANAK MELAKUKAN KEKERASAN FISIK TERHADAP ANAK DI KEPOLISIAN RESOR KUANTAN SINGINGI (LOPRAN POLISI NOMOR : LP/169/ XII /2015/ RIAU/RES KUANTAN SINGINGI)”

Abstract

Violence against children committed by children has often occurred in the community. To protect children, both victims and perpetrators of crimes, a law has been formulated that truly guarantees the protection of the child's good interests. So this study aims to determine the application of criminal sanctions against children who commit crimes against children in Police Report Number: LP / 196 / XII / 2015 / Riau / Res Kuantan Singingi. This research was carried out in Kuantan Bay by selecting the agency related to this case, namely the Kuantan Singingi Police. The data collection method used was the method of library study and interviews. Then the data obtained were analyzed descriptively qualitatively so as to reveal the expected results and conclusions on the problem. The results of this study indicate that 1) Legal arrangements for criminal acts of violence have been generally regulated in the Criminal Code (KUHP) if the victim is a child, it is specifically regulated in Law of the Republic of Indonesia Number 35 of 2014 concerning Amendments to the Law. -Law Number 23 of 2002 concerning Child Protection. And if the perpetrator of the crime of violence is a child under 12 (twelve) years of age, then Law Number 11 of 2012 concerning the Criminal Justice System for Children is applied and is spelled out in Government Regulation Number 65 of 2015 concerning Guidelines for the Implementation of Diversion and Handling of Children who are not yet aged 12 (twelve) years. Then the criminal sanction imposed on the perpetrator of physical violence against the child, namely guidance is carried out at the Pekanbaru area Social Welfare Institution (LPKS) for 3 (three) months as outlined in the report on the results of the meeting on January 23, 2017 issued a Decision by the Rengat District Court Number : 1 / Pen.Pid / 2017 / PN. Rengat stated that the three people were reported in the education, guidance and guidance program at the Social Welfare Organizing Institution in Pekanbaru for 3 (months). 2) Barriers to the Imposition of Sanctions in the criminal act of physical violence against children, namely the perpetrator of the criminal act of physical violence is a child who is not yet 12 years old so that the criminal sanctions as stipulated in article 80 of Law of the Republic of Indonesia number 35 of 2014 concerning amendments to Law The Republic of Indonesia number 23 of 2002 concerning child protection, while the result of the perpetrator's actions, the victim dies, which carries a maximum sentence of 15 years in prison.