PERLINDUNGAN HUKUM BAGI ANAK PELAKU TINDAK PIDANA PENCURIAN DENGAN KEKERASAN (STUDI DI POLSEK PADANG TIMUR)

Abstract

ABSTRACT The Children's SPPA Law emphasizes that children's public prosecutors are obliged to seek diversion if the child's criminal case meets the requirements for diversion. Article 365 of the Criminal Code: regulates theft with violence or threats of violence against people with the intent to steal. This kind of theft can be subject to imprisonment for a maximum of 9 years. In this case, theft with violence was carried out by children or what is often referred to as robbery. Violent theft also recently occurred in Padang City, specifically in the Jalan Sisingamaraja area, which was carried out by children. The theft was accompanied by violence and was carried out by a group of around 5 children. Formulation of the problem; a) What is the legal protection for children who commit crimes of theft with violence? b) What are the factors that influence legal protection for children who commit crimes of theft with violence? This research uses a sociological juridical approach. The data sources used are primary data and secondary data. Techniques were collected through interviews and document studies and analyzed qualitatively. Conclusions from the research results: 1) Legal protection for children who commit crimes of theft with violence, confirming that child prosecutors are obliged to seek diversion if the factors in the case fulfill the requirements for diversion. 2) factors for children committing crimes of theft with violence because they are children do not yet understand the consequences of the actions they commit, which has a very big influence on children committing criminal acts in terms of their interactions with their peers, where their thinking patterns have not yet been developed.