Tinjauan Yuridisi Yang Pembunuhan Yang Dilakukan Oleh Anak Dibawah Umur Menurut Kitab Undang-Undang Hukum Pidana dan Undang-Undang Sistem Peradilan Anak

Abstrak

Criminal acts are not only committed by adults but children also take part in committing a crime that is not inferior to acts committed by adults, it is unfortunate that criminal behavior is committed by children, because childhood is where children should play and study, but in fact children today are no less competitive with adults to commit criminal acts, but the State distinguishes between criminal acts committed by adults and those committed by children, the State makes more light for crimes committed by children because children are the roots of the nation and the next generation. nation so that every child perpetrator of a crime who enters the criminal justice system must be treated humanely as contained in Law no. 23 of 2003 concerning Child Protection, namely non-discrimination, the best interests of the child, the right to life, survival and development, and respect for children's opinionsTaking the life of another person is an act beyond the limits of the child's behavior in general. Losing the life of another person is classified as juvenile deliquency. Therefore, if a murder is committed by a child who is underage, then the perpetrator is still subject to article 338, or 339, or 340. The application of articles 338, or 339, or 340 can be justified because until now there are no regulations governing criminal murder. carried out by children under the specific age. This is because murder is a crime regulated in the Criminal Code of General Crimes). Therefore, if a minor commits the crime of murder. Then the application of the law is in accordance with that in the Criminal Code and will be elaborated with the child justice system law. However, the criminal threat in Article 340 of the Criminal Code applies to those who are adults, while the threat of imprisonment for a child who commits a criminal act is half of the maximum imprisonment for an adult as regulated in Article 81 paragraph (2) of the Law Law Number 11 of 2012 concerning the Criminal Justice System for Children is "the imprisonment that can be imposed on a child for a maximum of 1/2 (one half) of the maximum imprisonment for adults." Therefore, narcotics abuse committed by children is given a half of the adult punishment.The threat of death penalty for more than 7 years imprisonment cannot be diversified. Seeing Article 81 paragraph (2) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, judges can only impose sanctions on half of the maximum sanctions. Therefore, according to the authors, the application of punishment to minors of narcotics abuse perpetrators is still in accordance with the provisions of Law No. 35 of 2014, concerning child protection and Law no. 03 of 1997, concerning the juvenile criminal justice system.Keyword: Murder; Child.