Juridical Review of The Crime of Theft Committed by Minors
DOI:
https://doi.org/10.58818/ijems.v1i2.143Keywords:
Juridical Review, The Crime, Theft CommittedAbstract
The aim of this research is to understand the criminal act of theft committed by children, and to analyze the judge's considerations in handing down decisions in cases of criminal acts of theft of minors (Decision Number 10K/Pid.Sus/2018/PN.Tng). This research method uses the type of research carried out in this thesis is qualitative. Meanwhile, this research is included in the category of normative or doctrinal research. The research approach used in this research is normative juridical. The data collection method used in this research is document study. Also, data collection techniques are document study methods and library research methods. The data obtained will be processed using qualitative analysis. The results of the research show that the judge's considerations for the child are in accordance with the provisions of the juvenile justice system, in some of the judge's considerations the child was sentenced to only a third of the full sentence demanded by the public prosecutor, the child should have been sentenced to 10 months but at the judge's discretion the child was sentenced to only 6 months. As well as the qualifications of criminal acts of theft with aggravation committed by children from the perspective of criminal law.
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References
A.A Ngurah Wirasila, et al. 2017. Certain Criminal Offenses in the Criminal Code. Udayana University Faculty of Law.
Abdussalam and Sitompul, DPM, 2016. Criminal Justice System, Restu Agung, Jakarta,
Adang, Yesmil Anwar, 2016. Criminology, Refika Aditama, Bandung, 2017. Ali, Mahrus, Basics of Criminal Law, Sinar Graphics, Jakarta, 2014.
Ali, Zainuddin, 2016. Sociology of Law, Sinar Graphics, Jakarta,
Adami Chazawi, 2020. Criminal Law Lessons Part I, Criminal Stelsel, Criminal Acts, Sentencing Theories, and Limits of Application of Criminal Law, (Jakarta: Rajawali pers).
Amiruddin and Zainal Asikin. 2016. Introduction to Legal Research Methods. Rajawali Press. Jakarta.
Andi Sofyan and Nur Azisa, 2016. Criminal Law, (Makassar: Pustaka Pena Press, Cet.Kesatu)
Anastasius Harianja, Faisal Ariyoga, 2017. Implementation of Community Policing by the Binmas Unit in preventing criminal acts of theft with weighting in the Magelang Police jurisdiction, Advances in Police Science Research Journal.
Andreaz, Lucky, 2017. Optimization of Sabhara Unit Patrols in Preventing criminal acts of theft with weights in the Klaten Police jurisdiction, Advances in Police Science Research Journal.
Andrian Umbu Sunga. 2016. "A Review of the Recovery of Wrongful Arrest Victims Carried Out by Police Investigators". Law Faculty Journal. Atma Jaya University. Yogyakarta.
C.S.T, Kancil, 2019. Introduction to Indonesian Legal Science and Procedure, Balai Pustaka, Jakarta,
Chazawi, Adami, 2019. Criminal Law Practice Proficiency and Skills, Bayumedia Publishing, Malang.
Efendi, Jonaedi and Ibrahim, Jhonny, 2018. Normative and Empirical Legal Research Methods, Prenadamedia Group, Depok,
Ekaputra, Mohammad, 2018. Basics of Criminal Law, USU, Medan.
Friedman, Lawrence M., 2018. Legal System in a Social Science Perspective (The Legal System: A Social Science Perspective), Nusa Media, Bandung.
F.M, Wantu, 2017. Realizing Legal Certainty, Justice and Benefits in Judges' Decisions in Civil Courts, Journal of Legal Dynamics, Volume 12.
Feryando. 2021. "Implementation of Compensation Claim's Mechanism through Pretrial for Error in Person in the Criminal Justice System". Jus Poenale. Lampung University Faculty of Law. Vol. 2 Issue 2.
Finta Riris Sitorus, 2016. "Violations of Miranda Rule Principles in Indonesian Criminal Procedure Law". JOM Faculty of Law Volume III Number 2.
Fitri Wahyuni. 2017. Basics of Criminal Law. PT. Nusantara Persada Utama. South Tangerang.
Gomgom T. P SIregar and Rudolf Silaban. 2019. Victims' Rights in Criminal Law Enforcement. CV. Manhaji. Medan.
Hamzah, Andi, 2016. Criminal and Sentencing Systems from Retribution to Reform, Pradnya Paramita, Jakarta
Hamzah, Andi and Rahayu, Siti, 2018. A Brief Review of the Penal System in Indonesia, Akademika Pressindo, Jakarta,
I Ketut Sudjana. 2016. Procedural Law and Criminal Justice Practice, Faculty of Law, Udayana University. Denpasar.
Jaya, Nyoman Union Putra, 2018. Some thoughts towards the development of criminal law, Citra Aditya Bakti, Bandung,
John Kenedi. 2020. Protection of Witnesses and Victims (Study of the Legal Protection of Crime Victims in the Justice System in Indonesia. Student Library. Yogyakarta.
Jimly Asshiddiqie. (2017). Indonesian Criminal Procedure Law. Jakarta: Sinar Graphics
Masruchin et al. 2015. Criminal Law. MNC Publishing. Poor.
Muh. Hasrul, Haeranah, Syarif Saddam Rivanie Parawansa, and Audyna Mayasari Muin. 2021. "Comparison Of Arrangements For The Crime Of Cattle Theft According To The Criminal Code And The Draft Criminal Code". Awang Long Law Review. Vol. 4(1).
Prayudi Saputra, Rian, 2019. Development of theft crimes in Indonesia, Pahlawan journal Volume 2 Number 2 Year
Priyatno, Dwidja, 2016. Prison Criminal Implementation System in Indonesia, Refika Aditama, Bandung,
Rahmiati, Nurhafifah, 2015. Judges' considerations in sentencing regarding aggravating and mitigating matters, Kanun Journal of Legal Sciences,
Rondonuwu, Roky, 2017. Investigation of the offense of theft complaints within the family Article 367 of the Criminal Code, Lex Administratum Journal, Volume V, Number 1, January-February
Rahmat Islami, Andi Muh. Sofyan, and Audyna Mayasari Muin. (2023). "Analysis Of The Rights Of Suspects In Pretrial Decisions In Makassar State Court Decision Number 6/Pid.Pra/2020/Pn.Mks". Meta-Juridical Journal. Vol. 6(1). 110
Rendy Chrisnanto, Ruslan Renggong, Yulia A. Hasan. (2021). "The Position of Verbal Witnesses in the Evidence System According to the Criminal Code", Indonesian Journal of Legality of Law, Vol. 4(1).
Rianto, Bibit Samad, 2016. Thoughts towards a police that is professional, independent, authoritative and loved by the people, PTIK Press and Restu Agung, Jakarta,
Rosyadi, Imron, et al, 2020. Victim Precipitation in the Crime of Theft, A Victimology Approach, Duta Media Publishing, Pamekasan,
Samosir, C. Djisman and Samosir, Timbul Andres, 2021. Certain Crimes in the Criminal Code, Nuansa Aulia, Bandung,
Sibarani Match. 2018. "Problematics of Errors in Suspect Arrest (Error in Persona) in the Hasan Basri Case". Law Review Vol.18 No. November 2.
Saparudin Efendi, Rodliyah, and Rina Khairani Pancaningrum. 2021. "Legal Protection for Victims of Wrongful Arrest (Error in Persona)". Journal of Education and development. Vol.9 No.3 August Edition.
Syarifah Dewi. "Basis of the Judge's Legal Considerations in Providing Decisions Away from All Legal Claims of the Defendant in Fraud Cases (Study of Denpasar High Court Decision Number: 24/PID/2015/PT.DPS)". Verstek Journal, Faculty of Law, Sebelas Maret University. Vol. 5 no. 2.
Sandiyantanti, Rise, 2018. Analysis of Crime Using Forced Plunder Mode, Journal of Administrative Applications Vol.18.
Suyanto. 2018. Introduction to Criminal Law. Deepublish. Yogyakarta. Soedjono Dirdjosisworo. (2017). Legal Science Criminal Justice Process and Practice. Jakarta: Prenada Media.
Syahruddin. 2014. Normative Legal Research Versus Empirical Legal Research, PT. Umitoha Ukhuwah Graphics. Makassar.
Tofik Yanuar. 2022. Criminal Law. PT. Sangir Multi Usaha. Jakarta.
Triyanti, Ayu, 2018. Motor Vehicle Theft Case, http://farrahdibayosan.blogspot. com/2014/11/case-stealing-motor-bermotor.html. Accessed on October 2.
Verawati, 2020. Juridical Review of the Crime of Theft with Violence by Minors, Journal of Social Sciences and Education Vol. 4,
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