PRASMANA ADI, DENNYS (2010) KAJIAN YURIDIS NORMATIF TERHADAP PUTUSAN PERKARA NOMOR357/Pid.B/2009/P.N.BOJONEGORO TENTANG TINDAK PIDANA PERBUATAN CABUL TERHADAP ANAK (TINJAUAN YURIDIS PUTUSAN PENGADILAN NEGERI BOJONEGORO NOMOR 357/PID.B/2009/P.N.BJN). Other thesis, University of Muhammadiyah Malang.
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Abstract
Decency crimes against minors, is not new, for the crime of morality has a place setting in the draft Penal Code (Penal Code), which is regulated in Chapter XIV The Second Book of "crimes against decency. In the Criminal Code, common decency settings and types of crimes, including crimes of rape (Article 285), criminal acts of intercourse (Article 287), and the crime of obscene acts (Article 289). Special criminal lewd acts against children in national legislation regulated in Law Number 23 Year 2002 on Child Protection (Article 82). This Act, intended to provide protection to children as victims of crime decency, and therefore the threat of organized crime in it using criminal anacaman cumulative. In the practice of law enforcement, especially in court decisions, criminal defendants are sometimes dropped to less provide a sense of justice. From the research, and review normative juridical criminal case against the decision No. 357/Pid.B/2009/PN.BJN. visible panel of judges who investigate and adjudicate cases paying less attention to the demands of prosecutors who prosecute criminal jailed for 4 (four) years to the defendant, who in the court examination otherwise proven legally and convincingly guilty of violating Article 82 of Law No. 23 of 2002. In its decision the judges impose imprisonment for 3 (three) years to the defendant. Although the decision was justified under Article 82 of Law No. 23 of 2002, for a minimum of 3 years and a maximum of 15 years, but the judge should also consider and pay attention to the facts in the court examination that has been proven legally and convincingly, and the things that incriminating defendant, the absence of the defendant's reasons for forgiving. Problem of the imposition of criminal or application for the perpetrators of criminal offenses are closely linked to criminal liability. Therefore in a prison sentence for 3 years to the defendant should be considered a key element in criminal responsibility, namely the principle of legality and error. In addition, also need to consider what is described in the claims. Key words: obscene acts, the defendant, children under the age of criminal responsibility, the verdict.
| Item Type: | Thesis (Other) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law > Department of Law (74201) |
| Depositing User: | Anwar Jasin |
| Date Deposited: | 08 Mar 2012 14:18 |
| Last Modified: | 08 Mar 2012 14:18 |
| URI : | http://eprints.umm.ac.id/id/eprint/370 |
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