ANALISIS YURIDIS TERHADAP HUKUMAN BAGI TERDAKWA DALAM PERKARA NOMOR 329/PID.B/2023/PN.SMG PADA TINDAK PIDANA PERKOSAAN

Abstract

This thesis provides a juridical analysis of sentencing for defendants in rape cases, highlighting the disparity between prosecutor's indictments, judicial verdicts, and the sense of justice for victims. Rape is a serious crime that not only causes physical harm but also profound and lasting psychological damage to victims. Nevertheless, in practice, judicial decisions are often perceived as failing to reflect substantive justice, especially when compared to the traumatic impact experienced by the victims.

This research employs a normative legal method with a statutory and case approach, analyzing secondary data in the form of court decisions and legal literature. The primary focus is to examine the legal considerations underpinning sentencing and their conformity with prevailing societal values of justice and principles of victim protection.

The research findings indicate that prosecutors' indictments in rape cases have been based on strong evidence and relevant criminal charges. However, prosecutors were less than optimal in utilizing applicable criminal articles, resulting in prosecutors' demands and judges' verdicts tending to impose light sentences when compared to the maximum penalties stipulated by law. The considerations underlying these verdicts are often partial, for instance, focusing solely on formal legal aspects without adequately considering the severe psychological and social impacts on the victims. This leads to a sense of injustice for victims, where complete recovery and substantive justice are not fully achieved..