PERTIMBANGAN HAKIM DALAM PENJATUHAN
PIDANA PENJARA TERHADAP ANAK YANG
MELAKUKAN TINDAK PIDANA PEMBUNUHAN DI
PENGADILAN NEGERI SLEMAN
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Institusion
Universitas Atma Jaya Yogyakarta
Author
Kuncoro, Albertus Riko Jati
Subject
Peradilan dan Penyelesaian Sengketa Hukum
Datestamp
2015-10-21 07:58:03
Abstract :
Child are a gift from God, almighty one in whom the inherent dignity of part the younger generation as one of human resources is a potential successor to the ideals for national struggle in the future that has a strategic role and have special properties, require guidance and protection in order to ensure the growth and development of the physical, mental, and social balance. The paper is titled ? Consideration of The Judge?s ruling in the imposition of Imprisonment of a Child who Comitted the Crime of murder ?.This paper uses analytical methods with normative juridical approach legislation. It is written in the criminal law has never found a rule that outlines the guidelines used by judges as a fundamental cornerstone consideration in the imposition of imprisonment. The conclusion of this paper is the judge in imposing imprisonment on children is by juridical considerations that interesting facts arising in the trial which is the conclusion of the testimony of the witnessesand the accused child's testimony and evidence presented and examined in court.Judges in deciding criminal son, but must consider the legal aspects, which is proving the elements of an offense if the defendant has met and in accordance with the criminal offense, and Judges should use fair consideration by the judge and Judge doesn?t burden the belief pre defendant, because the defendant was a minor.
Child are a gift from God, almighty one in whom the inherent dignity of part the younger generation as one of human resources is a potential successor to the ideals for national struggle in the future that has a strategic role and have special properties, require guidance and protection in order to ensure the growth and development of the physical, mental, and social balance. The paper is titled ? Consideration of The Judge?s ruling in the imposition of Imprisonment of a Child who Comitted the Crime of murder ?.This paper uses analytical methods with normative juridical approach legislation. It is written in the criminal law has never found a rule that outlines the guidelines used by judges as a fundamental cornerstone consideration in the imposition of imprisonment. The conclusion of this paper is the judge in imposing imprisonment on children is by juridical considerations that interesting facts arising in the trial which is the conclusion of the testimony of the witnessesand the accused child's testimony and evidence presented and examined in court.Judges in deciding criminal son, but must consider the legal aspects, which is proving the elements of an offense if the defendant has met and in accordance with the criminal offense, and Judges should use fair consideration by the judge and Judge doesn?t burden the belief pre defendant, because the defendant was a minor.
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