KEKERASAN TERHADAP ANAK (Studi terhadap Penerapan Pasal 80 ayat (1) Undang-Undang No. 23 Tahun 2002 tentang Perlindungan Anak dalam Putusan Nomor 21/Pid.Sus/PN.Pwt)

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TitleKEKERASAN TERHADAP ANAK (Studi terhadap Penerapan Pasal 80 ayat (1) Undang-Undang No. 23 Tahun 2002 tentang Perlindungan Anak dalam Putusan Nomor 21/Pid.Sus/PN.Pwt)
Publication TypeThesis
Year of Publication2013
AuthorsNAHDIATUZZAHRA, AYU
AdvisorDr. Setya Wahyudi, S.H., MH, Dr. Noor Aziz Said, S.H., MS
Academic DepartmentFakultas Hukum
DegreeS1
UniversityUniversitas Jenderal Soedirman
CityPurwokerto
Abstract

This study aimed to identify and analyze the application of Article 80 (1) of
Law No. 23 of 2002 on Child Protection in Decision No. 21/Pid.Sus/PN.Pwt. It
also aimed to analyze the Judge's decision No. 21/Pid.Sus/PN.Pwt compliance
with the compliance aspects of the rule of law, justice aspect, the aspect of
usefulness in the response to violence against children. To achieve this goal then
peneletian performed using normative juridical approach. Secondary data are
collected and processed, presented, and analyzed qualitatively with the
presentation of narrative text data.
The results stated that the application of Article 80 paragraph (1) of Law
No. 23 of 2002 on Child Protection in Decision No. 21/Pid.Sus/PN.Pwt have met
on the grounds that, in this case the defendant DEDY STANZAH is subject to
legal held accountability to criminal, not an error in persona and there's no
reason forgiving and justification. Defendant is against the law to commit
atrocities, violence or threats of violence or abuse against children is evidenced
by the series of actions the defendant in this case, among others. The defendant
defendant intentionally hit her face and body were still children IDO witnesses,
defendants also uses her hands to her face and started beating victim witness
Sondy Wahyu Kurniawan also still a child, the defendant kicked the back of the
head, as many as 1 (one) time, causing witnesses Revelation Kurniawan Sondy
victim fell to the ground with bruises dibangian head and face. The attack resulted
in bruises on batrang nose with a diameter of 1 cm and the other as explained by
visum et repertum Jatilawang Public Health, created and signed by dr. Hudiono
Anwar on June 18, 2011. The action was carried out actions clearly caused harm
to the victims, both material loss in the form of hospital costs Rp. 1000.000,00 or
physical harm (illness), so that the defendant is clearly unlawful and wanton
criminal forgiveness and justification. Judge Decision No. 21/Pid.Sus/PN.Pwt
With Aspects of Legal Certainty meets but do not meet aspects of expediency and
fairness in the Child Abuse Prevention Effort. By age 7 months in prison
sentencing goals of punishment and protection of victims with restitution and
compensation are not putting in the decision ignored the rights of victims