COURT VERDICT ANOMALY THAT DROPPED PUNISHMENT AGAINST CHILDREN UNDER 12 (TWELVE) YEARS OLD
Abstract: The protection of
children is a very serious problem and need to be considered better. That is
because the child has a very important role in life of the nation in the
future. Author emphasizes research how the
legal effect of a
District Court decision
which is contrary
to the Constitutional Court
No. 1/PUU-VIII/2010. The author
examines the problem
with normative legal
research methods. The research data shows that the victims are
Doni Yoga (DY) who was aged 11 years old. Doni Yoga charged with the crime of
theft under Article 363 paragraph (1) of the Criminal Code of the theft. The
author concluded that the decisions of the cases by Pematangsiantar District
Court has been at odds with the law
and the Constitutional Court
Decision No. 1/PUU/8/2010.
However, the decision
is still to be considered
true and valid throughout not be appealed or an appeal that was canceled by
court decision on a higher level.
Author: Sabungan Sibarani
Journal Code: jphukumgg150064
