Juridical Analysis in The Case of The Crime of Theft with Aggravation Committed by Minors

Authors

  • Muhammad Yusuf Al Ghani Universitas Muhammadiyah Purwokerto

DOI:

https://doi.org/10.30595/pssh.v14i.1072

Keywords:

aggravation, theft, minors

Abstract

Law No. 11/2012 regulates the special treatment of children in conflict with the law, which is different from adult criminal offenders. A child according to Article 1 number 1 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection is a person who is not yet 18 (eighteen) years old, including children who are still in the womb.Children are vulnerable groups in society who need protection. This research aims at the qualification of criminal acts of theft with aggravation committed by children in the view of criminal law and knowing the basis of the judge's consideration in imposing punishment with aggravation committed by children.applied in order to answer the problem of criminal acts of theft with aggravation committed by children in the view of criminal law. The type of research used in this research is normative juridical by focusing on positive law and through a statutory approach. the results of this study know the basis of the judge's consideration in deciding a case of theft committed by a child and the judge's consideration is in accordance with the applicable provisions in the criminal code (KUHP).

References

Arif, Barda Nawawi.2010. Legislative Policy in Combating Crime with Imprisonment. Yogyakarta: Genta Publishing.

Didik,Endro.2016 . Criminal Law .Surabaya: Airlangga University Press.

Gosita,Arif Gosita.2004. Child Protection Issues (Collection of Essays). Jakarta: BIP Gramedia Group.

Hamzah,Andi .2009. Certain Offenses in the Criminal Code. Jakarta:Sinar Grafika.

Hidayat, Bunadi .2009. Criminalization of Minors .Bandung:PT. Alumni.

Muhammad,Rusli.2010. Contemporary Criminal Procedure Law .Bandung:Citra Aditya Bakti.

Waluyudi.2003. Indonesian Criminal Law. Jakarta. Jambatani.

Criminal Code (KUHP) Number 1 of 1946.

Criminal Procedure Code (KUAP) Number 8 of 1981

Law No 23 of 2002 on child protection.

Law No. 11/2012 on the Juvenile Justice system.

Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection.

Ida Bagus and others. 2020. “JUDGE'S CONSIDERATION IN SENTENCING THE CRIME OF THEFT WITH A CRIME COMMITTED BY A CHILD”. Journal of Legal Preference Vol. 1 No. 1 – Juli

Ravinska Audina Zhasadoma and Budi Setiyanto.2015. “VIOLENCE BY CHILDREN” .Recidive Vol.4 No. 1 Januari- April

Kausar dan Tarmizi, Consideration of Judges in Sentencing Children as perpetrators of the Crime of Theft ,quoted four page https://jim.usk.ac.id/pidana/article/download/17032/7860

Rezky Ridhoyanti Rhamani,ddk, Qualified Theft Committed by a Child , quoted from the page

https://journal3.uin-alauddin.ac.id/index.php/aldev/article/download/10167/7007

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Published

2023-11-16

How to Cite

Ghani, M. Y. A. (2023). Juridical Analysis in The Case of The Crime of Theft with Aggravation Committed by Minors. Proceedings Series on Social Sciences & Humanities, 14, 395–399. https://doi.org/10.30595/pssh.v14i.1072