Dasar Pertimbangan Hakim dalam Memutus Tindak Pidana Pembunuhan yang Dilakukan oleh Anak di Bawah Umur (Analisis Putusan Nomor: 128/Pid.Sus/2013/PTY)

Abstract

This research shows that adjudicator in resolve murder case by children with case
Number: 128/PID.Sus/2013/PTY tend to use juridical consideration that are
Prosecutor’s indictment, Witness’s Information, Defendant’s Information, evidence,
criminal offense, and Clauses in KUHP and Children Court Regulation. In court, it
found that there is a child who didn’t accompanied by officer who was make case study
which consist of the child’s description or condition. Besides in verification, adjudicator
didn’t call expert witness in children psychology. Meanwhile, non juridical consideration
didn’t use as consideration basis to give adjudication in case Number:
128/PID.Sus/2013/PTY which based on sociology, psychology, criminology, and
philosophy of the child are didn’t used. Imprisonment provision based on sentencing
purpose review should be use double track system, if the sentencing purpose is to reprisal
without rehabilitation and guidance isn’t yet proper because the sentencing purpose isn’t
just for reprisal, but it should brings benefit and improvement.