Implikasi Dan Upaya Hukum Terhadap Putusan Perkara Anak Yang Batal Demi Hukum

• Main Author: Noerma Yulia Arianti
• Format: Theses and Dissertations NonPeerReviewed
• Language: Indonesian; Indonesian; Indonesian; Indonesian; Indonesian; Indonesian; Indonesian
• Published: 2019
• Subjects: K7181-7197 Parent and child. Guardian and ward
• Online Access: http://repository.unair.ac.id/95626/1/1.%20HALAMAN%20JUDUL.pdf; http://repository.unair.ac.id/95626/2/2.%20ABSTRAK.pdf; http://repository.unair.ac.id/95626/3/3.%20BAB%201.pdf; http://repository.unair.ac.id/95626/4/4.%20BAB%20II.pdf; http://repository.unair.ac.id/95626/5/5.%20BAB%20III.pdf; http://repository.unair.ac.id/95626/6/6.%20BAB%20IV.pdf; http://repository.unair.ac.id/95626/7/7.%20DAFTAR%20PUSTAKA.pdf; http://repository.unair.ac.id/95626/; http://lib.unair.ac.id
• Institution: Universitas Airlangga

This thesis entitled "Implikasi Dan Upaya Hukum Terhadap Putusan Perkara Anak Yang Batal Demi Hukum" This study used a normative juridical method, a statutory approach, a case approach and a conceptual approach. This research aims to examine the legal consequences of a juvenile justice court decision that does not include social research report as the judge consideration? And legal remedies against a child's case verdict are null and void?. This study found that the legal consequence justice court ruling without a public research report will render the ruling null and void by law, which means the ruling has never been considered from the beginning, has no legal consequences and power, and from the beginning the verdict handed down has no execution power so it does not can be implemented, It is regulated under Article 60 of the Juvenile Justice System Law, because the report contains the socio-economic and physcological background of the juvenile and the recommendations given by the Penitentiary. While the legal remedies that can be taken is through an appeal procedure and judicial review. This study suggests that the law enforcers need to pay more attention to the provisions that already exist in the Act, especially the Law on the Juvenile Justice System related to the existence of community research reports by the Penitentiary. Then, the Supreme Court have to optimize the debriefing of judges related to the specificity of the Juvenile Criminal Justice System Act which is to provide more protection for children, because in principle the Juvenile Justice System prioritizes the best for children, and also prevents children from negative stigma