ANALISIS TERHADAP PENGGUNAAN TEORI KESENGAJAAN DALAM KASUS PEMBUNUHAN BERENCANA YANG DILAKUKAN OLEH ANAK

Criminal acts are not only carried out by adults but children also take part in committing a crime that is not inferior to acts committed by adults, it is unfortunate that criminal behavior is carried out by children, because childhood is where children should play and study, but in reality children today do not lose competition from adults to commit criminal acts. This study takes the formulation of the problem of how the application of strategies and methods of intentional theory carried out by investigators and prosecutors against criminal acts of premeditated murder committed by children. This study uses a Juridical Sociological approach. Based on the results of the study Article 32 paragraph (3) Law No. 11 of 2012 stipulates that the reason for detention as referred to in paragraph (1) must be stated explicitly in the detention order. Violation or negligence of Article Article 32 paragraph (3) of Law No. 11 of 2012, not strictly regulated due to the law, so that it can harm the child. Child detention is based on consideration of the interests of the child and the interests of the community which must be explicitly stated in the detention warrant. This requirement has no legal consequences, when the authorized official detains. Sanctions that can be given to child investigators are not regulated or the legal consequences of these acts of detention are unclear. The basis of consideration for the detention of children has not been properly understood by the police. They still consider that the basis for consideration is holding children, because children carry out acts of speech that are threatened with imprisonment of 5 (five) years or more, but if the interests of the child do not want it, even if the child commits a crime that is threatened with 7 (seven) years or more, there is no detention. The conclusion is that the police and the attorney general of the city of Makassar have not implemented the regulations that have been issued. Suggestions, if the police and the Attorney General of Makassar City can improve the performance of the bank and carry out actions in accordance with the regulations that have been issued