PELAKSANAAN PIDANA MINIMUM KHUSUS DALAM PERKARA ANAK DI WILAYAH HUKUM PENGADILAN NEGERI PEKANBARU
ABSTRACT: Setting a minimum
penalty of this particular provide restrictions on freedom did the judge in the
verdict , the District Court judge's ruling presence Pekanbaru containing about
criminal punishment under the age of criminal defendants specifically towards
children who are threatened specifically in violation of minimum criminal
provisions of Article 81 paragraph ( 2 ) of Law Act No. 23 of 2002 on Child Protection.
Then there are three formulation of the problem in writing this essay: How
specialized in the implementation of minimum criminal case law child region ofthe
District Court of Pekanbaru?, How considerations judges in criminal punishmentunder
special minimum punishment in the case of children in the jurisdiction of the Court
Pekanbaru country?, What barriers and efforts to overcome obstacles in the imposition
of criminal punishment under special minimum in the case of children in the
region of the Law Court of Pekanbaru?
The research method in this study. Sociological type and legal research
is descriptive. The location research of the District Court of Pekanbaru ,
sourcessupported by primary and secondary. The data collection techniques used
were interviews and review of literature . After collected was then analyzed
qualitatively ,and draw conclusions with deductive thinking method is to
analyze the problems ofthe general form to a specific shape.
From the results of research and discussion, it can be concluded that ,
first , implementation of minimum criminal jurisdiction in the District Court
of Pekanbaruthere are 4 ( four ) children who are threatened criminal case specific
minimum , one of which impose criminal punishment under special minimum . The
second consideration is divided into 2 ( two ) , the consideration of judicial
and non- judicial considerations . Third Barriers include : obstacles in terms
of evidence and the scopeof a certain age , mental limitations in the soul of
the child testified in court , it is difficult to achieve peace , and effort to
overcome barriers: law enforcement can corroborate the testimony of victims by
using clues , while the child's limited mental ability in providing information
, can be accompanied by an expert witness who is a psychologist, in terms of
insiders, the judge approached the family of the victim so that the presence of
peace .
Penulis: Fauzi Rizky
Kode Jurnal: jphukumdd141608
