ANALISIS YURIDIS PUTUSAN HAKIM TINDAK PIDANA KEKERASAN SEKSUAL ANAK PUTUSAN NOMOR: 433/PID.SUS/2023/PN MTR

Abstract

The case of sexual violence in Decision No: 433/Pid. Sus/2023/PN Mtr contains two charges, namely Law of the Republic of Indonesia No. 17 of 2016 concerning Child Protection and Law of the Republic of Indonesia No. 12 of 2022 concerning Criminal Acts of Sexual Violence. The Panel of Judges decided on the indictment of Law of the Republic of Indonesia No. 12 of 2022 to convict the defendant. The author is interested in examining the basis for the Judge's considerations. The purpose of this study is to determine the accuracy of the Judge's basis for consideration with the defendant's actions, as well as the legal consequences if the Judge's considerations are wrong. This research was conducted using the juridical-normative method and the legislative approach, conceptual approach, and case approach. The collection of legal materials was carried out using literature study techniques and analyzed using prescriptive techniques. The results of the discussion show that the Defendant's actions have met the elements in the indictment in Law of the Republic of Indonesia No. 17 of 2016. This shows that the basis for the Judge's considerations is inappropriate. The Judge's considerations must ensure the value of justice and legal certainty. Therefore, the Judge's considerations must be arranged carefully, precisely, and well.

Keywords: Criminal Acts of Sexual Violence, Basis for Judge's Considerations, Child Protection