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PERTIMBANGAN HUKUM HAKIM DALAM MENJATUHKAN TINDAKAN TERHADAP ANAK PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA

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The judge's legal considerations regarding the imposition of action on children who are perpetrators of premeditated murder still show that the punishment is not appropriate, even though the best interests of the child must still be put forward. Therefore, it raises the issue of injustice and needs to be studied regarding the legal considerations. By using normative legal research methods which are based on legal materials, this research examines the basic aspects of logical legal considerations in taking action against children who are perpetrators of premeditated murder. This research found that the decisions of the judges studied did not take into account the aspects referred to, as stipulated in Government Regulation Number 58 of 2022, which requires that actions can be submitted by the public prosecutor in their prosecution, except for criminal acts which are punishable by imprisonment for a minimum of 7 (seven) years. On this basis, this research suggests that the judge's legal considerations be used as the main guideline in the decisions of judges who examine and adjudicate cases of premeditated murder based on the provisions on the form and procedures for carrying out crimes and actions against children. Keywords: Judge's considerations, action, premeditated murder.

Availability
Inventory Code Barcode Call Number Location Status
2407006301T159182T1591822024Central Library (REFERENCE)Available but not for loan - Not for Loan
Detail Information
Series Title
-
Call Number
T1591822024
Publisher
Indralaya : Prodi Magister Ilmu Hukum, Fakultas Hukum Universitas Sriwijaya.,
Collation
xv, 32 hlm.; ilus.; 29 cm
Language
Indonesia
ISBN/ISSN
-
Classification
345.598 07
Content Type
Text
Media Type
unmediated
Carrier Type
-
Edition
-
Subject(s)
Prodi Magister Ilmu Hukum
Hukum pidana — Indonesia
Specific Detail Info
-
Statement of Responsibility
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No other version available

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