TINJAUAN YURIDIS ANAK SEBAGAI PELAKU TIDAK PIDANA PEMBUNUHAN DALAM PERKARA Nomor 14/Pid.Sus-Anak/2017/PN.Rgt

Abstract

This study focuses on the application of criminal law and judges' considerations in deciding cases of criminal acts against the loss of human lives by children in case Number 14 / Pid. Sus-Anak / 2017 / PN.Rgt. The formulation of the issues raised is (1) How the application of criminal law against children who commit the crime of murder in case Number 14 / Pid.Sus-Anak / 2017 / PN.Rgt? (2) How is the judge's consideration in deciding cases of criminal acts against the loss of human lives committed by children in case Number 14 / Pid. Sus-Anak / 2017 / PN.Rgt. Based on the results of research and analysis, conclusions can be drawn that the application of material law in the court case decisions country Rengat Number: 14 / Pid.Sus-Anak / 2017 / PN.Rgt is appropriate. The Public Prosecutor used 2 (two) indictments prepared alternatively, namely: First, Primair Article 338 jo article 55 paragraph (1) to 1 KUHP jo Law Number 11 of 2012, Subsidair Article 365 paragraph (4) KUHP jo Law Law No. 11 of 2012. Among the elements of the Article indicted by the Public Prosecutor, which is proven legally and convincingly is Article 365 paragraph (4) of the Criminal Code. Where, between the act and the elements of the article match each other. Judge's considerations before passing the verdict Number: 14 / Pid. Sus-Anak / 2017 / PN.Rgt according to the author is in accordance with applicable legal rule.. Because based on valid evidence, in the case investigated by this author, the evidence used by the Judge is the witness's testimony and the defendant's information along with evidence of murder. The Panel of Judges based on the facts in the trial considered that the defendant could be held responsible for his actions with the consideration that when he did his act the defendant was aware of the consequences and did not undermine his intentions, the perpetrators in carrying out their actions in a healthy and capable state to consider elements against the law, and the absence reasons for criminal removal.