PERTANGGUNGJAWABAN PIDANA TERHADAP ANAK PELAKU ASUSILA DALAM HUKUM PIDANA POSITIF DAN HUKUM PIDANA ISLAM
ABSTRAK: Based sources of law
in Indonesia is that in confectionery cases of criminal offenses committed by
children. Criminal policy as a form of public reaction tothe problems of
delinquency prevention is done by means of penal and non-penal. Prevention
efforts with approaches that exist today does have a tendency to prefer the
means of repressive approach as well as the imposition of criminal sanctionsin
the form of imprisonment is still very prominent, although its implications mayadversely
affect the future growth and development of a child's psychological andphysical.
The purpose of this thesis, namely: First, to know and understand the accountability
of child offenders in the Criminal Code Positive sacrilegious and Islamic law.
Second, to know and understand the application of the effort against child
offenders wanton criminal responsibility in Indonesia for the future.This
research is a normative legal research is a study that discusses theprinciple
of exercising their punishment for children who do not criminal. Thedata source
is the primary legal materials, secondary law, and tertiary legalmaterials.
Data collection for normative legal research used literature study method or
documentary studies. Is analyzed qualitatively analyzed the data by notusing
statistics or mathematics, or the like. From the results of this study, there
are two main things that can be inferredFirst, Accountability child
sacrilegious offenders in Criminal Law and IslamicLaw Positive conducted
various forms of punishment takzir described, then one punishment for
perpetrators of sexual harassment can be applied. Takzir thatsanctioned forms
of punishment on perpetrators of sexual abuse must be inaccordance with the
form of sexual harassment, and the sentence is expected to give consciousness
or lessons for the perpetrator so that he did not commit sexualharassment
again. Second, implementation efforts against child offenders wanton criminal
responsibility in Indonesia for the future can be sanctioned absolute very essential.
Connection with the crime issue of decency, the addition to the sanctions also
imposed fines or flogging were imposed actors or doers.
Penulis: RUSMADI AKBAR
Kode Jurnal: jphukumdd160401
