ANALISIS YURIDIS SANKSI PIDANA TERHADAP ANAK PELAKU TINDAK PIDANA PENCURIAN DENGAN KEKERASAN SECARA BERSAMA (Studi Kasus Putusan Nomor: 585/Pid.B/2020/PN Jkt Utr)

Abstract

The aim of this research is to analyze the factors that cause children to commit criminal acts of theft with violence together, secondly, to understand and analyze the application of sanctions to perpetrators of criminal acts of theft accompanied by violence by children together, thirdly, to understand and analyze legal considerations by judges in handed down a verdict against the perpetrator of the crime of theft accompanied by violence by children together - as in the North Jakarta District Court Decision Number: 585/Pid.B/2020/Pn Jkt.Utr. The research method used in writing is a normative legal research method with a statutory approach, case approach, conceptual approach, analytical approach. The data used is primary data and secondary data is analyzed qualitatively in order to obtain a conclusion that can be scientifically justified. The results of research into the factors that cause children to commit criminal acts of theft with violence are intrinsic factors, namely: intelligence factors, age factors, gender factors, and the child's position in the family. The extrinsic factors, namely: household factors, educational and school factors, children's social factors, mass media factors. Actions as intended in Article 82 paragraph (1) are criminal acts punishable by imprisonment for a minimum of 7 (seven) years. This action is taken to assist parents in educating and providing guidance to the child concerned. The decision handed down against the defendant can be based on responsibility, justice and wisdom, so that the judge's consideration is based on the examination during the trial where the evidence presented by the Public Prosecutor includes the statements of witnesses and the statements of the defendant which are interconnected with each other.

Keywords: Exclusion, Crime, and Violence.