PIDANA PENGUMUMAN IDENTITAS PELAKU BERDASARKAN PERTIMBANGAN HAKIM TERKAIT RESTITUSI PADA PUTUSAN103/PID.SUS/2025/PN.PLJ DIKAITKAN PASAL 16 UNDANG-UNDANG TINDAK PIDANA KEKERASAN SEKSUAL

Abstract

This research analyzes for imposing an additional penalty in the form of the announcement of the perpetrator's identity in the Pulau Punjung District Court Decision Number 103/Pid.Sus/2025/PN.Plj. This imposition is inconsistent with Article 30 Paragraph (2) of Law Number 12 of 2022 concerning Sexual Violence Crimes regarding the specific types of restitution, whereas the judge in said decision utilized restitution as the legal basis to impose the additional penalty of announcing the perpetrator's identity as regulated under Article 16 Paragraph (2) of the Law. This study aims to identify the inappropriateness of the judge’s legal considerations in conflating two distinct legal instruments: restitution and the announcement of the perpetrator's identity, considering that judicial reasoning is a crucial element of a court verdict. This research employs a normative legal method with a statutory approach, a case approach, and a conceptual approach. The results of this study indicate that the judge's decision in case 103/Pid.Sus/2025/PN.Plj to impose the additional penalty of identity announcement based on the reasoning that restitution manifests as an identity announcement is incorrect. The panel of judges is deemed to have misinterpreted the construction of Article 16 Paragraph (2) in relation to Article 16 Paragraph (1) in conjunction with Article 30 Paragraph (2) of the Sexual Violence Crimes Law. It is expected that this research will encourage judges to be more meticulous in interpreting statutory provisions when adjudicating future cases.