PENJATUHAN PIDANA MINIMUM PADA TINDAK PIDANA ANAK

Studi Tentang Putusan Pengadilan Negeri Bekasi Nomor: 1459/Pid.B/2015/PN BKS

Abstract

Judge's decision to impose a minimum criminal sanction in a Child crime case shall be
as a form of law enforcement because it has considered the article of legislation on
which the punishment is based or action, accompanied by incriminating circumstances
and relieving the defendant. The minimum sentence in the decision Decision Number:
1459 / Pid.Sus / 2015 / PN.Bks, according to the author The author also has elements
of social protection theory (social defense) which aims to integrate individuals into
social order and not punishment against his actions. Social protection law requires the
abolition of criminal responsibility (mistake) replaced by the view of anti-social action,
namely the existence of a set of rules that are not only in accordance with the needs for
life together but in accordance with the aspirations of society in general. The minimum
criminal penalty of a child crime is an attempt by a judge to apply Control or so-called
Social Control in social control theory based on the assumption or presumption that
the individual in the community has the same tendencies as being "good" or "bad". The
evilness of a person is entirely dependent on his society to make it so, and to be evil
when his society makes it so.