Makarao, M Taufik
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THE IMPLEMENTATION OF CRIMES EVIDENCE OF PREMEDITATED MURDER COMMITTED BY UNDERAGE CHILDREN Lydya, Meilisa; Makarao, M Taufik; Riyanto, Slamet
Jurnal Hukum Jurisdictie Vol 4 No 1 (2022): Penerapan Hukum Pada Masa Covid-19
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/jhj.v4i1.90

Abstract

The state of Indonesia is a state of law, when a child is in conflict with the law, the child faces public power which has the authority in the form of coercive measures that limit and even rob a number of children's rights in order to maintain public order. Children are gifts from God that must be protected and cared for according to their morals. The definition of a child in the Convention on the Rights of the Child which has been approved by the General Assembly on November 20, 1989, in Article 1 states that a child means every human being under the age of 18 (eighteen) years except under the law applicable to children. that maturity is reached more quickly. One of the cases that surfaced and became public attention was related to the crime of premeditated murder committed by minors, namely the case that occurred at the end of 2020 in the city of Bekasi. The perpetrator has been sentenced to 7 years in prison as stated in the decision of the Bekasi District Court Number 59/Pid.Sus-Anak/2020/PN Bekasi. Methods used: Normative juridical law research with analytical descriptive nature. Results of the study: The case started with hurt because previously Doni Saputra, who was the victim, forced to enter his genitals to Ahmad Yusuf, who was the defendant. But the defendant refused, but the defendant was threatened with a knife and the victim promised to give the defendant some money. However, because the amount of money continues to decrease and is often not paid, it creates feelings of resentment and hurt. Furthermore, on December 5, 2020, the perpetrator committed a murder which ended in the victim's death. Proof of elements of a criminal act of proof is planning to present evidence in the form of witness statements, letters, instructions for the defendant's testimony. The factor of the occurrence of the crime of murder committed by minors is caused by several factors, namely, factors within themselves (internal) and also factors around them (internal). Children commit the crime of murder because their emotional state is not stable and cannot control it properly and the child's lack of faith. Influences from outside the child such as the family who is not always there when needed, the weak economy and the circumstances of the surrounding environment also influence the child to commit the crime of murder. There are several factors that cause children to commit the crime of murder, namely: (1) Internal factors, namely emotional factors and religious factors, (2) external factors, namely family factors and environmental factors. Suggestion: for the community in particular parents should pay more attention to their children in the community environment so that unwanted things do not happen, especially murder cases, as parents must care for and protect children from the threat of crime that will befall them, in other words parents provide advice to children to be good children and not to commit crimes and to parents must provide sufficient education so that they can distinguish between good and bad.
OPTIMIZATION OF HANDLING NARCOTIC CRIMINAL ACTIONS PERFORMED BY CHILDREN THROUGH THE DIVERSION PROCESS Agus, Sudirman; Makarao, M Taufik; Riyanto, Slamet
Jurnal Hukum Jurisdictie Vol 5 No 1 (2023): PROTECTION OF CHILDREN AND PROHIBITION OF DRAG USE
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/jhj.v5i1.119

Abstract

Research on Optimizing the Handling of Narcotics Crimes Conducted by Children Through the Diversion Process aims to determine the diversion setting in the laws and regulations, to identify and analyze the implementation of diversion against children who are perpetrators of narcotics crimes based on Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, to find out what obstacles occur in handling child narcotics crimes in the diversion process. The approach that will be used is the empirical juridical/sociological juridical approach. In conducting the research, the writer will use descriptive analytical research method. The types of data used in this study are primary data and secondary data obtained from searching for definite data based on the results of data searches or interviews with parties concerned with this research and also from the literature. Methods of data collection using library research (Library Research). The data analysis method used is descriptive-qualitative analysis method. The results of this study are that diversion regulation in Indonesia begins with the idea of diversion in international law which is proclaimed in the SMRJJ (The Beijing Rules) as an international standard in the administration of juvenile criminal justice. 2012 on the Juvenile Criminal Justice System. The process of implementing the diversion carried out by investigators is guided by Article 7 paragraph (1) of Law no. 11 of 2012 concerning the Juvenile Criminal Justice System. As for the obstacles in the process of implementing the diversion of narcotics abuse crimes committed by children are: the lack of parental care will hinder the diversion process; lack of parental care also makes it difficult for investigators to obtain the child's identity; limited time for arresting children for the purpose of investigation; absence of parents; if what is caught is a homeless child, it will be difficult for investigators to obtain the identity of the child; lack of understanding of diversion efforts.