TINJAUAN DELIK PEMBUNUHAN BERENCANA OLEH ANAK TERHADAP ORANG TUA DI KOTA KENDARI (Analisis Putusan Pengadilan Negeri Kendari No. 14/Pid.Sus.Anak/2015/PN. Kdi)

Abstract

The objectives of the study were: 1). To determine the factors that cause premeditated murder by children against parents 2). To determine the criminal sanctions imposed in the decision No. 14/Pid.Sus.Anak/ 2015.PN. Kdi whether they are in accordance with the sense of justice of the community. This study was conducted in Kendari City, using the type of research, namely normative empirical. The data collection method used was document study, field surveys and interviews using qualitative descriptive analysis. Based on the results of the study, it can be seen: 1. Factors that cause the occurrence of premeditated murder by children against parents in Kendari City, namely, a). Internal Factors. 1). Psychological Factors / Revenge, the murder occurred because the witness Nurhayati (Makmun's biological mother) told her child (Makmun) that her parents (Mahdin) would remarry, and then said again that if your father gets married, you will definitely not be noticed or will be neglected. 2). Education Factor, the higher the education you have, the broader your insight will be and always tend to act rationally rather than irrationally. 3). Faith Factor, a person is one of the fortresses to prevent someone from actions that are contrary to the applicable rules or regulations. b). External Factors consist of: 1). Environmental Factors. 2). Economic Factors. 2. The criminal sanctions imposed in the decision No. 14/Pid.Sus.Anak/2015/PN.Kdi are not in accordance with the sense of justice of the community, namely: that the sentence imposed by the Panel of Judges for 4 (four) years in prison based on Article 340 in conjunction with Article 55 paragraph (1) 1 of the Criminal Code is not appropriate, because the case involving the defendant Maknum alias Mumun bin Mahdin should refer to Law Number 11 of 2012 concerning the Juvenile Criminal Justice System because the defendant's age is still classified as a child, namely 17 years at the time of the murder.