Mediasi Penal Sebagai Alternatif Penyelesaian Tindak Pidana Lalu Lintas Yang Dilakukan Oleh Anak

Hakim, Rohman (2021) Mediasi Penal Sebagai Alternatif Penyelesaian Tindak Pidana Lalu Lintas Yang Dilakukan Oleh Anak. Doctoral thesis, Universitas 17 Agustus 1945 Surabaya.

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Abstract

The dissertation entitled "Penal Mediation as an alternative to solving traffic crimes committed by children" is motivated by the existence of child criminal issues which are still proceeding to the general court, even though the case has been reconciled by the parties and followed by the provision of compensation by the perpetrator to the victim by the intention is to restore good relations, but the expectations of the perpetrators are not achieved, even resulting in the emergence of bad labeling on children, which in turn has the effect of damaging the continuity of the child's personal development in the future. The main issues discussed in this dissertation are 1) The Urgency of Penal Mediation as an alternative to solving traffic crimes committed by children. 2) Penal Mediation Regulations in the settlement of traffic crimes committed by children. Normative legal research, namely legal research that focuses on the study of legislation in a coherent legal system using legal materials consisting of primary, secondary and tertiary legal materials. In this study, it was found that there was an injustice to the judge's decision in case Number : 123 Pid.Sus/2014/PN.TIM defendant Abdul Qodir Jailani aged 13 years, Putra Musician Ahmad Dhani and case decision Number: 105/Pid.Sus/2014/PTR defendant Anton Surya Bin Sumarno aged 16 (sixteen) Son of a farmer, that in the application of diversion to criminal acts committed by children, it turns out that not all children get diversion facilities, because only children with a threat of 7 years and under. Furthermore, children who have committed repeated criminal acts and children who are threatened with 12 years of imprisonment do not get diversion facilities. Keywords: Traffic Crime, General Court, Penal Mediation

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