Penahanan terhadap Tersangka Anak dalam Tindak Pidana Pencurian (Studi Kasus Berkas Perkara Nomor : BP / 4 / 2017 / RESKRIM)

This thesis discusses the problem of detention of suspects in criminal cases ordinary theft, detention is a form of forced effort in criminal cases, which can only be applied to suspects or defendants who have grown up but in its development based on Law No. 11 of 2012 About the Child Criminal Justice System. Detention can also be applied to a suspect or accused child. According to Article 32 paragraph (2) of Law Number 11 of 2012, detention of children can only be done with the following conditions:
a. Children are 14 (fourteen) years or older
b. Allegedly committing a crime with a sentence of 7 (seven) years or more.
In the case as mentioned below, it is related to the crime of ordinary theft regulated in Article 362 of the Criminal Code, a maximum sentence of 5 (five) years imprisonment. Referring to the terms of detention of a child suspect, in that case even though the age of the suspect is in line with the provisions of Article 32 paragraph (2), Law Number 11 of 2012 but the criminal threat is presumed to be under 7 (seven) years, so that the juridical suspect cannot detention.