ZEIN, HIMAWAN (2008) ANALISA YURIDIS SOSIOLOGIS TERHADAP PERTIMBANGAN HAKIM DALAM MEMUTUSKAN PERKARA TINDAK PIDANA PENCURIAN OLEH ANAK ( Studi Kasus Di Pengadilan Negeri Sragen). Other thesis, University of Muhammadiyah Malang.
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Criminal by adolescent and children should be paid attention according to the perspective that children are Nation next generation. That’s why in deciding criminal case which was done by adolescent, the Judge was always have his/her own consideration based on fairness, utility, educational, and law certainty aspect. The research used case study approach with research location at Sragen state of Court. Data sources used were primary, consisted of interview, documentation and observation, also secondary data consisted of Law literary, article, and law related with the research. From the research, there could be concluded that in Verdict No. 38/Pid.B/An.2008/PN.Sragen, The Judge decided with consideration of fairness, utility, and Law Certainty aspects. From formal aspect, the verdict has fulfilled the rule about verdict writing, while from material aspect, the verdict has fit with the basic law existed. For Verdict No. 36/Pid.B/2008/PN.Sragen, the judge considered the punishment according to fairness, utility, and Law Certainty aspects. From formal aspect, the verdict has fulfilled the proper verdict writing. From Material aspect, the verdict has fit with the existed rule, based on section 363 about stealing and consideration of Rule No.3/1997 about Children Trial which the maximum punishment for children was half of maximum punishment of adults. In Verdict No. 18/Pid.B/An.2007/PN.Sragen, the judge took decision according to fairness, utility, and Law Certainty aspects. For this verdict, formal aspect has improper material, where the witness statement didn’t state in detail. While from material aspect, the judge decision has fit with criminal rule, that was section 363 Criminal Law about stealing, also considered with the section 26 Rule No.3/1997 about Children Trial. In Judge decision, there also alternative where the child returned to parents, but in case, the criminal considered as adolescent violation. From the comparison between verdicts discussed by the writer, Judge has tendency used the same line in taking decision related with steal crime, so that the decision has similarity in comparison. From the research, the writer suggested that the judge efforts to be supported. By paying attention that the criminal, it would be better to maximize preventive action to avoid adolescent in doing crime.
|Item Type:||Thesis (Other)|
|Subjects:||K Law > K Law (General)|
|Divisions:||Faculty of Law > Department of Law|
|Depositing User:||Rayi Tegar Pamungkas|
|Date Deposited:||11 Jun 2012 07:53|
|Last Modified:||11 Jun 2012 07:53|
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