PENERAPAN PIDANA TERHADAP TINDAK PIDANA PENGANIAYAAN YANG DILAKUKAN OLEH ANAK

Abstract

The criminal act of abuse committed by a child is a complaint offense regulated in Article 351 of the Criminal Code Number 1 of 1946. Several examples of criminal acts of abuse committed by children are as contained in decision number 9/Pid.Sus-Anak/2021/PN. Bau, decision number 13/Pid.Sus.Anak/2020/PN. Bnh, and decision number 15/Pid.Sus.Anak/2018/PN. Dpk. Problem formulation: 1) What is the judge's consideration of criminal acts of abuse committed by children? 2) How is the application of punishment to perpetrators of criminal acts of abuse committed by children? The type of research used is normative juridical; data sources used secondary data (primary, secondary and tertiary legal materials); data collection techniques using document study; the data was analyzed qualitatively. Research results: 1) The perpetrator in this case of child abuse must be held criminally responsible for his actions. 2) The judge's consideration in imposing a sentence on the perpetrator of a criminal act of abuse committed by a child is considered appropriate because it fulfills the legal and non-juridical criminal elements. In general, the punishment applied is minimum.