The Sanctions to Children and Perspective Law Number 11 Year 2012 about the Criminal Justice System on the Case of Children Indonesia

THE SANCTIONS TO CHILDREN AND PERSPECTIVE LAW NUMBER 11 YEAR 2012 ABOUT THE CRIMINAL JUSTICE SYSTEM ON THE CASE OF CHILDREN INDONESIA By: Dewi Mulyanti, SH., MH. Faculty of Law at University of Galuh Ciamis Together with The Council Journal Menarasiswa Email: Journalmenarasiswa@yahoo.com ABSTRACT Law is the outline in laying a commitment that must be obeyed by all parties. So this study aims to find out how the application of criminal sanctions and actions against children who commit a crime. And to know how the judge's legal considerations in imposing criminal sanctions and actions against children who commit a crime. This research is descriptive normative research, qualitative data analysis technique toward primary data and secondary data, then presented in descriptive form to give description and example in a child criminal case in applying of criminal sanction to child in decision Number 08 / Pid.Sus -Anak / 2014 / PN.Mrs and acts against the child in the decision No. 114 / Pid.Sus-Anak / 2014 / PN.Mrs. And to know the judge's consideration in imposing criminal sanction against the child in decision Number 08 / Pid.Sus-Anak / 2014 / PN.Mrs and acts against child in decision No. 114 / Pid.Sus-Anak / 2014 / PN.Mrs. The results of this study indicate that the application of criminal sanctions and acts against children committing criminal acts have been in accordance with the provisions of Article 71 namely the Criminal Penalty Sanction and Article 69 Paragraph 2 or Article 82 namely the Fall of Action Law Number 11 Year 2012 About the Criminal Justice System of Children. And judge's judicial consideration in imposing criminal sanctions and actions against a child committing crime is by the fulfillment of all elements of the article in the indictment, as well as the statements of the corresponding witnesses and statements of the accused plus the judge's conviction. In addition, in the imposition of criminal and judicial actions in advance consider the incriminating and mitigating factors. The judge's consideration in imposing a criminal sanction against the child is to give deterrent effect to the defendant and to the defendant not to repeat his actions again and to educate the defendant to be aware of his actions, but also to pay attention to the rights and needs of the child during the punishment process. Then Ages and the consequences of the defendant's actions become one part of the judge's consideration in dropping the Act against the child that is in the form of return of the parents to be nurtured, so that the defendant in the future can be a better child in all things and not violate the law again Key Words: Sanctions Against Children, Law Number 11 Year 2012, and Case of Indonesian Children