Juridicial Review of Diversion Application Against Theft by Children

In juvenile criminal law, children are also involved in criminal acts. Children under 10 are usually not punished, while children aged 10-16 can be punished. However, in the enforcement of punishment for children, it is important to pay attention to their stage of development. The method in this stu...

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Main Authors: Muh Ashar Fachri, Erlina, Muh. Amiruddin
Format: Article
Language:English
Published: Universitas Islam Negeri Alauddin Makassar 2024-03-01
Series:Alauddin Law Development Journal
Subjects:
Online Access:https://journal.uin-alauddin.ac.id/index.php/aldev/article/view/22511/19582
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author Muh Ashar Fachri
Erlina
Muh. Amiruddin
author_facet Muh Ashar Fachri
Erlina
Muh. Amiruddin
author_sort Muh Ashar Fachri
collection DOAJ
description In juvenile criminal law, children are also involved in criminal acts. Children under 10 are usually not punished, while children aged 10-16 can be punished. However, in the enforcement of punishment for children, it is important to pay attention to their stage of development. The method in this study is normative way. The result showed that is is reflected in Law No. 11 of 2012 concerning the juvenile criminal justice system, where diversion is used as an alternative to settlement outside of Justice. However, in certain cases such a number: 10/Pid.Sus.Child/2020 / Fr. Sgm, diversion is not applied because it only applies to child offenders who first make mistakes. In this case, the offender has committed a repeated criminal offense, so the judge decides to give a criminal sentence.
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publisher Universitas Islam Negeri Alauddin Makassar
record_format Article
series Alauddin Law Development Journal
spelling doaj-art-d3c7bc9e5fbb46b5b4bb78c539a01b362025-08-20T01:48:26ZengUniversitas Islam Negeri Alauddin MakassarAlauddin Law Development Journal2714-87422686-37822024-03-016Vol. 6 No. 1 (2024): Social Justice Issues in The National and Global Context8491https://doi.org/10.24252/aldev.v6i1.22511Juridicial Review of Diversion Application Against Theft by ChildrenMuh Ashar Fachri0Erlina1Muh. Amiruddin2Universitas Islam Negeri Alaudin MakassarUniversitas Islam Negeri Alaudin MakassarUniversitas Islam Negeri Alaudin MakassarIn juvenile criminal law, children are also involved in criminal acts. Children under 10 are usually not punished, while children aged 10-16 can be punished. However, in the enforcement of punishment for children, it is important to pay attention to their stage of development. The method in this study is normative way. The result showed that is is reflected in Law No. 11 of 2012 concerning the juvenile criminal justice system, where diversion is used as an alternative to settlement outside of Justice. However, in certain cases such a number: 10/Pid.Sus.Child/2020 / Fr. Sgm, diversion is not applied because it only applies to child offenders who first make mistakes. In this case, the offender has committed a repeated criminal offense, so the judge decides to give a criminal sentence.https://journal.uin-alauddin.ac.id/index.php/aldev/article/view/22511/19582child thiefapplicationdiversion
spellingShingle Muh Ashar Fachri
Erlina
Muh. Amiruddin
Juridicial Review of Diversion Application Against Theft by Children
Alauddin Law Development Journal
child thief
application
diversion
title Juridicial Review of Diversion Application Against Theft by Children
title_full Juridicial Review of Diversion Application Against Theft by Children
title_fullStr Juridicial Review of Diversion Application Against Theft by Children
title_full_unstemmed Juridicial Review of Diversion Application Against Theft by Children
title_short Juridicial Review of Diversion Application Against Theft by Children
title_sort juridicial review of diversion application against theft by children
topic child thief
application
diversion
url https://journal.uin-alauddin.ac.id/index.php/aldev/article/view/22511/19582
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AT muhamiruddin juridicialreviewofdiversionapplicationagainsttheftbychildren