Judges' Consideration Analysis of The Crime of Murder Performed by Child

Abstract

This article aims to determine the punishment of children who commit murder crimes and the basis for judges' considerations in sentencing children who commit murder crimes. The approach method used is normative juridical with qualitative descriptive analysis. In addition, the provisions governing the crime of murder in the Criminal Code in Chapter XIX book II which consist of 13 articles, starting from Article 338 of the Criminal Code to Article 350 of the Criminal Code, are charged to children. The judge's basic considerations in imposing a sentence on a child who commits a crime of murder include juridical considerations, philosophical considerations and sociological considerations. Juridical considerations are considerations based on formal legislation relating to the judicial process of criminal acts committed by children, namely the crime of murder, including Law Number 48 of 2009 concerning Judicial Power, Criminal Procedure Code, SPPA Law, Criminal Code and indictments. Philosophical considerations are considerations given by the judge that the punishment given to perpetrators of criminal acts is an effort to improve behavior through the sentencing process and the side of justice for victims and the community, namely the extent to which punishments given to children can provide good behavior change and do not repeat violations. law and provide justice for victims and society.