PENJATUHAN PIDANA EDUKATIF OLEH HAKIM KEPADA ANAK SEBAGAI PELAKU TINDAK PIDANA (Studi : di Pengadilan Negeri Klas IA Padang)
ABSTRACT: Aughty child is a
child who behaves deviate from social norms, morals and religion,endanger of
him self,distrub public tranquality, family life and also society.So in realcondition
in our life, to judge a naughty child, it takes a criminal justice for a child,
not give some punishment but for better condition, maintenance and protection
of child and prevent the repetition of his actions with used court constractive
law. The formulation ofthe problems are 1) Consideration how the judge in
imposing criminal instructive tochildren as perpetrators of criminal offenses
in 1A State court Padang? 2) How the application of criminal instructive to
children as perpetrators of criminal offenses in 1Astate court Padang? The
research method used is Juridical sociology and also usedprimary data and
secondary data, data were collected by interview and study documents, and
qualitative analysis of data. The research conclution are 1) Consideration of
the judge in imposing criminal educative motivated by social research reports recommended
by officers of BAPAS, and then influenced by juridical and non juridicalfactors
and mitigating factors and aggravating factors through legal facts during
trial.And the reality, children who have been criminal decision by judge with
no compatibility between das sollen and das sein.
Penulis: Mu’ammir Alfajri,
Yetisma Saini, Syafridatati
Kode Jurnal: jphukumdd141610
