ANALISIS YURIDIS PERTIMBANGAN HAKIM TERHADAP KETIDAKSESUAIAN DAKWAAN PENUNTUT UMUM DENGAN PASAL PORNOGRAFI DAN PENCABULAN TERHADAP ANAK YANG LEBIH RELEVAN DALAM PUTUSAN NOMOR: 91/Pid.B/2023/PN Tub.

Abstract

This study examines the inconsistency between the charges filed by the public prosecutor and the facts proven during trial in Decision No. 91/Pid.B/2023/PN Tub. The defendant was charged under the Pornography Law and the ITE Law, without including provisions on child molestation as stipulated in the Child Protection Law. However, the evidence clearly revealed that the defendant coerced a child to send explicit images and later disseminated them.Using a normative legal approach, this research shows that the judge's reasoning was bound by the formal legality principle under Article 182(4) of the Criminal Procedure Code, which restricted the decision strictly to the charges filed. As a result, the court could not legally address the molestation offense, despite its clear factual presence. The study concludes that inaccurate indictments limit judicial reasoning and prevent full legal accountability. It underscores the need for more precise and comprehensive prosecutorial practices to ensure substantive justice, especially in cases involving children.