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All Journal Veritas: Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafiiyah
Farhan Hazairin
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Humanities Law, Crime, Criminology & Criminal Justice

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PENJATUHAN PIDANA MINIMUM PADA TINDAK PIDANA ANAK Farhan Hazairin
VERITAS Vol 3 No 2 (2017): VERITAS
Publisher : Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (70.292 KB) | DOI: 10.34005/veritas.v3i2.61

Abstract

Judge's decision to impose a minimum criminal sanction in a Child crime case shall beas a form of law enforcement because it has considered the article of legislation onwhich the punishment is based or action, accompanied by incriminating circumstancesand relieving the defendant. The minimum sentence in the decision Decision Number:1459 / Pid.Sus / 2015 / PN.Bks, according to the author The author also has elementsof social protection theory (social defense) which aims to integrate individuals intosocial order and not punishment against his actions. Social protection law requires theabolition of criminal responsibility (mistake) replaced by the view of anti-social action,namely the existence of a set of rules that are not only in accordance with the needs forlife together but in accordance with the aspirations of society in general. The minimumcriminal penalty of a child crime is an attempt by a judge to apply Control or so-calledSocial Control in social control theory based on the assumption or presumption thatthe individual in the community has the same tendencies as being "good" or "bad". Theevilness of a person is entirely dependent on his society to make it so, and to be evilwhen his society makes it so.
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