Gildan, Grendy and , Hartanto, S.H., M.Hum (2024) Realisasi Pemenuhan Hak Anak Yang Berkonflik Dengan Hukum Dalam Proses Pemidanaan Di Wilayah Pengadilan Negeri Surakarta. Skripsi thesis, Universitas Muhammadiyah Surakarta.
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Abstract
Child delinquency can be caused by several things, such as the lack of parental love, a social environment that is not conducive, or life situations that lead to mental, psychological and behavioral deviations in children, a condition known as naughty. child. In order for children to develop into normal, healthy and intelligent adolescents, they must not only receive direction but also coaching. The purpose of this article is to examine the factors, the actualization of children's rights, and punishment from the perspective of Islamic law, which serve as guidelines for judges when deciding whether to punish young people who break the law. This research uses normative legal research for this type of research and a descriptive qualitative approach as a research methodology. The findings of this study reveal the factors considered by judges in determining the punishment for children who break the law. (1) The Juvenile Criminal Court recognizes the welfare of the child (2) The Juvenile Criminal Court is essentially aimed at making amends and providing rehabilitation so that children can eventually continue their normal social life. (3) The judge may not impose a cumulative sentence on the accused, meaning that neither the crime nor the act can be imposed simultaneously. (4) The implementation of the diversion program in the juvenile justice system seeks to place greater emphasis on child protection. Then, looking at the fulfillment of children's rights in legal conflicts during the process of imposing a criminal sentence on the Surakarta District Court based on Law no. 11/2012 concerning the Juvenile Criminal Justice System, diversion can be seen as a form of child protection. Based on the latest research on punishment from the perspective of Islamic criminal law, Allah's law is the only one that has benefits for human life both now and in the hereafter. In Islamic law, crime or delict is referred to as jarimah or jinayah, or if the perpetrator is pardoned by the victim or his family, he is exempt from imposition of qishas Keywords: realization, law, punishment
| Item Type: | Thesis (Skripsi) |
|---|---|
| Uncontrolled Keywords: | realization, law, punishment |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Hukum |
| Depositing User: | GRENDY GILDAN |
| Date Deposited: | 07 Feb 2024 07:26 |
| Last Modified: | 07 Feb 2024 07:26 |
| URI: | http://eprints.ums.ac.id/id/eprint/121634 |
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