Continuous Criminal Accountability of Children as Perpetrators of Crimes of Decency
Crimes committed by children today are increasingly diverse, one of which occurs in the jurisdiction of the Kalianda District Court, namely children as perpetrators of decency in the Decision on the Case of Number: 01/Pid.Sus-Anak/2015/PN.Kla. This research uses a normative and empirical juridical a...
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| Format: | Article |
| Language: | English |
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Faculty of Law Universitas Lampung
2020-10-01
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| Series: | Ius Poenale |
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| Online Access: | https://jurnal.fh.unila.ac.id/index.php/ip/article/view/2041 |
| _version_ | 1818470598739755008 |
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| author | Angga Hardiansyah |
| author_facet | Angga Hardiansyah |
| author_sort | Angga Hardiansyah |
| collection | DOAJ |
| description | Crimes committed by children today are increasingly diverse, one of which occurs in the jurisdiction of the Kalianda District Court, namely children as perpetrators of decency in the Decision on the Case of Number: 01/Pid.Sus-Anak/2015/PN.Kla. This research uses a normative and empirical juridical approach. The type of data used is primary data and secondary data. Primary data were obtained from interviews and secondary data sourced from literature study. The results showed that criminal liability against children as perpetrators of decency was continuously carried out with actions in the form of returning the Defendant to his parents to be nurtured and educated. The aim of criminal justice is to focus on the best interests of children integrated into the system and model of juvenile criminal justice, promoting integration into positive legal norms and the enforcement of child law. The purpose of punishment is not punishment, but improvement in conditions, care and protection of children. The basis for judges' legal considerations in imposing criminal sanctions is the prosecutor's indictment, the purpose of punishment, things that are lightening and burdensome, as well as applying several theories of legal objectives namely legal certainty, usefulness and legal justice. Suggestions in this study are that Judges should maximize the penalties imposed on each perpetrator of crimes against children, bearing in mind that crimes against children in Indonesia continue to increase so that this can be one of the judges' considerations in providing maximum crimes against perpetrators of moral offenses against children. |
| first_indexed | 2024-04-13T21:39:08Z |
| format | Article |
| id | doaj.art-acea11a1bee945ae90f3b898bb31fa1c |
| institution | Directory Open Access Journal |
| issn | 2723-2638 2745-9314 |
| language | English |
| last_indexed | 2024-04-13T21:39:08Z |
| publishDate | 2020-10-01 |
| publisher | Faculty of Law Universitas Lampung |
| record_format | Article |
| series | Ius Poenale |
| spelling | doaj.art-acea11a1bee945ae90f3b898bb31fa1c2022-12-22T02:28:49ZengFaculty of Law Universitas LampungIus Poenale2723-26382745-93142020-10-0112789210.25041/ip.v1i2.2041786Continuous Criminal Accountability of Children as Perpetrators of Crimes of DecencyAngga Hardiansyah0Fakultas Hukum Universitas LampungCrimes committed by children today are increasingly diverse, one of which occurs in the jurisdiction of the Kalianda District Court, namely children as perpetrators of decency in the Decision on the Case of Number: 01/Pid.Sus-Anak/2015/PN.Kla. This research uses a normative and empirical juridical approach. The type of data used is primary data and secondary data. Primary data were obtained from interviews and secondary data sourced from literature study. The results showed that criminal liability against children as perpetrators of decency was continuously carried out with actions in the form of returning the Defendant to his parents to be nurtured and educated. The aim of criminal justice is to focus on the best interests of children integrated into the system and model of juvenile criminal justice, promoting integration into positive legal norms and the enforcement of child law. The purpose of punishment is not punishment, but improvement in conditions, care and protection of children. The basis for judges' legal considerations in imposing criminal sanctions is the prosecutor's indictment, the purpose of punishment, things that are lightening and burdensome, as well as applying several theories of legal objectives namely legal certainty, usefulness and legal justice. Suggestions in this study are that Judges should maximize the penalties imposed on each perpetrator of crimes against children, bearing in mind that crimes against children in Indonesia continue to increase so that this can be one of the judges' considerations in providing maximum crimes against perpetrators of moral offenses against children.https://jurnal.fh.unila.ac.id/index.php/ip/article/view/2041criminal liabilitydecencychild |
| spellingShingle | Angga Hardiansyah Continuous Criminal Accountability of Children as Perpetrators of Crimes of Decency Ius Poenale criminal liability decency child |
| title | Continuous Criminal Accountability of Children as Perpetrators of Crimes of Decency |
| title_full | Continuous Criminal Accountability of Children as Perpetrators of Crimes of Decency |
| title_fullStr | Continuous Criminal Accountability of Children as Perpetrators of Crimes of Decency |
| title_full_unstemmed | Continuous Criminal Accountability of Children as Perpetrators of Crimes of Decency |
| title_short | Continuous Criminal Accountability of Children as Perpetrators of Crimes of Decency |
| title_sort | continuous criminal accountability of children as perpetrators of crimes of decency |
| topic | criminal liability decency child |
| url | https://jurnal.fh.unila.ac.id/index.php/ip/article/view/2041 |
| work_keys_str_mv | AT anggahardiansyah continuouscriminalaccountabilityofchildrenasperpetratorsofcrimesofdecency |