ANALISIS PENERAPAN KEADILAN TERHADAP ANAK SEBAGAI
PELAKU TINDAK PIDANA ABORSI (STUDI PUTUSAN PENGADILAN
NEGERI MBULIAN NO. 05/Pid.Sus-Anak/2018/PN.Mbn)
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Institusion
Universitas Muhammadiyah Malang
Author
Rohmaniyah, Siti
Subject
L Education (General)
Datestamp
2022-11-25 02:58:55
Abstract :
Children are the next generation for the ideals of the nation struggle. The position of children to be the younger generation needs to get the opportunity to grow and develop naturally both spiritually, physically and socially. Child legal protection aims to provide guarantees for the fulfillment of children rights, to survive, grow and develop, and contribute optimally, as well as get protection from violence and discrimination, one of which is diversion. Diversion based on Law No.11/2012 concerning the Juvenile Criminal Justice System Article 1 (7) is diverting the handling of child cases for criminal justice activities to activities outside of criminal justice. Problems observed regarding the application of diversion and judges considerations in the decision of the Mbulian District Court No.05/Pid.sus-anak/2018/PN.Mbn stipulated in Law No.11/2012. This research aims to provide a general description regarding the implementation and implementation of the crime of child abuse and the judge considerations when imposing a sentence in the Case Study of Court Decision No.05/Pid.sus-anak/2018/PN.Mbn. The research method used is normative, with descriptive research specifications. The results of obtaining secondary legal materials are analyzed according to perceptions and approaches to law and cases. The results of the analysis obtained are in the form of a description ofthe application of diversion and the judge considerations handed down in child cases, in this case the rights of children must be protected, because every decision taken affects the child future.
Children are the next generation for the ideals of the nation struggle. The position of children to be the younger generation needs to get the opportunity to grow and develop naturally both spiritually, physically and socially. Child legal protection aims to provide guarantees for the fulfillment of children rights, to survive, grow and develop, and contribute optimally, as well as get protection from violence and discrimination, one of which is diversion. Diversion based on Law No.11/2012 concerning the Juvenile Criminal Justice System Article 1 (7) is diverting the handling of child cases for criminal justice activities to activities outside of criminal justice. Problems observed regarding the application of diversion and judges considerations in the decision of the Mbulian District Court No.05/Pid.sus-anak/2018/PN.Mbn stipulated in Law No.11/2012. This research aims to provide a general description regarding the implementation and implementation of the crime of child abuse and the judge considerations when imposing a sentence in the Case Study of Court Decision No.05/Pid.sus-anak/2018/PN.Mbn. The research method used is normative, with descriptive research specifications. The results of obtaining secondary legal materials are analyzed according to perceptions and approaches to law and cases. The results of the analysis obtained are in the form of a description ofthe application of diversion and the judge considerations handed down in child cases, in this case the rights of children must be protected, because every decision taken affects the child future.
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