ANALYSIS OF COMPULSORY DEFENSE IN MURDER CASES COMMITTED BY CHILDREN (Based on Decision Number: 1/Pid.Sus-Anak/2020/PN Kpn)

ANALYSIS OF COMPULSORY DEFENSE IN MURDER CASES COMMITTED BY CHILDREN
(Based on Decision Number: 1/Pid.Sus-Anak/2020/PN Kpn)

SHOIFATUS SONIA
NIM : 212374201042

ABSTRACT
The problem of this research is the criminalization process and the application of law in the Criminalization and Application of Law to the case of Forced Defense in the Criminal Act of Abuse Resulting in Death of a Person Committed by a Child (Based on Decision Number: 1 / Pid.Sus-Anak / 2020 / PN Kpn). And what are the judge's considerations in the decision. The purpose of this study is to understand and explain how the criminalization process and the application of law for child perpetrators of criminal acts at the Kepanjen District Court. as well as the legal considerations of the panel of judges in deciding the Criminalization and Application of Law case to the case of Forced Defense in the Criminal Act of Abuse Resulting in Death of a Person Committed by a Child (Based on Decision Number: 1 / Pid.Sus-Anak / 2020 / PN Kpn).
The type of normative research used by the researcher as a method for this research is by making the Criminal Code, Law No. 11 of 2012 and Court Decisions as study materials with a statutory and case approach.
The results of this study state that 1. the Criminalization process and Application of Law to Forced Defense Cases in Criminal Acts of Abuse Resulting in Death of a Person Committed by a Child (Based on Decision Number: 1/Pid.Sus- Anak/2020/PN Kpn) has been regulated in Article 30 points (1) and (2); Article 32 points (1), (2), (3), (4) and (5), Article 35 of the Juvenile Criminal Justice System Law and Article 7; Article 1 number (21); Article 14 of the Criminal Code. 2. Legal considerations that should be given by the Judge regarding decision Number 1/PID.SUS-ANAK/2020/PN KPN so that it produces a just decision, namely by applying Article 49 Paragraph (2) of the Criminal Code and stating that the legal facts and elements of Article 49 Paragraph (2) of the Criminal Code have been fulfilled, so that in this case the perpetrator should not be punished. The perpetrator must be decided free from all legal charges, because there is a reason for eliminating the criminal penalty, namely the reason for forgiveness which eliminates the perpetrator's mistake.

Keywords: Criminal Act, Forced Defense, Children