Sanksi Pidana Terhadap Anak Pelaku Penganiayaan Yang Mengakibatkan Kematian Studi Putusan Nomor 5/PID.SUS-ANK/PN-MDN

Abstract

Children are a mandate and a gift from God Almighty, in whom dignity and worth as a whole human being are attached. Children are disabled, potential, and the younger generation is the successor to the ideals of the nation's struggle, has a strategic role and has special characteristics and characteristics that guarantee the existence of the nation and state in the future. Whereas the application of criminal sanctions against children who commit crimes of abuse resulting in death is in accordance with the demands of the Public Prosecutor by fulfilling the elements in Article 351 paragraph 3 of the Criminal Code, namely whoever and the persecution that causes death, the judge's decision states that the child named Muhammad Ridho is above, proven legally and convincingly guilty of committing the crime of "Improve resulting in death" as in the single indictment; Sentenced criminal against the Child therefore with imprisonment for 3 (three) years. Judge's Considerations in Imposing Sanctions Against Children Who Do Abuse Resulting in Death Based on Decision No. the child but belongs to the victim who accidentally fell and was taken by the perpetrator, and that it was true that the perpetrator left the victim covered in blood.