Christyanto, TonyKurnia (2014) Pelaksanaan Penahanan Terhadap Anak Sebagai Pelaku Tindak Pidana Persetubuhan (Studi Di Uppa Polres Magetan). Sarjana thesis, Universitas Brawijaya.
Abstract
Tidak ada abstrak sesuai dengan aslinya
English Abstract
The problem behind the application of detention against child as the doer of copulation criminal action is understood by the author through this final paper. Research background is that the child who is brought to proceeding process before the court is frequently not treated in pursuant to Act of Republic of Indonesia No. 3 of 1997 in Article 45 Verse (3) which states that child arrest must be separated from adult arrest. A 17 years old child, named AH, commits copulation criminal action with a victim TU, a Grade 2 student of MTS (equal to Junior High School). In pursuance of the Detention Order No. SP.Han/170/VI/2013/SATRESKRIM, AH shall be locked in child cell at Magetan Police Resort, but the real application is that the child is held up with adult arrest by reasoning that the child is afraid to stay alone in child cell. Based on this background, the final paper considers three problems: (1) How is the real application of detention against child as the copulation criminal action at UPPA Magetan Resort Police, (2) What barrier is challenging UPPA Magetan Resort Police in applying detention against child as the copulation criminal action at UPPA Magetan Resort Police, and (3) How is the effort taken by UPPA Magetan Resort Police in dealing with the barrier. Type of research is empirical research with sociological juridical approach. Primary data are collected through direct interview with the investigating officer at UPPA Magetan Resort Police. Secondary data are obtained by exploring literatures, quoting some, and analyzing the document of Acts and regulations, articles, books, or journals related to the problem of final paper. Result of research indicates that the member of UPPA Magetan Resort Police, in dealing with the application of detention against child as the doer of copulation criminal action, is failed to obey with the Act of Republic of Indonesia No.3 of 1997 in Article 45 Verse (3) which asserts that child arrest shall be separated from adult arrest. Indeed, the application of this Act by UPPA Magetan Resort Police is not favorable because some reasons such as that the child is afraid to stay alone in child cell, the presence of the Organization for Social Welfare Issue is lacking, and others. UPPA Magetan Resort Police has attempted to deal with barriers by coordinating with BAPAS to facilitate the on-time accomplishment of BAP by the member of UPPA Magetan Resort Police, or coordinating with the Organization for Social Welfare Issue of Magetan District as the temporary site for the child arrest until Act of Republic of Indonesia No.11 of 2012 is prevailed officially in the law region of Magetan Resort Police.
| Item Type: | Thesis (Sarjana) |
|---|---|
| Identification Number: | SKR/FH/2014/67/051402142 |
| Subjects: | 300 Social sciences > 340 Law |
| Divisions: | Fakultas Hukum > Ilmu Hukum |
| Depositing User: | Budi Wahyono Wahyono |
| Date Deposited: | 26 Mar 2014 12:07 |
| Last Modified: | 26 Apr 2022 02:08 |
| URI: | http://repository.ub.ac.id/id/eprint/112075 |
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