ANALISIS DAKWAAN JPU TERKAIT KEKERASAN SEKSUAL DALAM PUTUSAN NOMOR 444/PID.B/2023/PN.BIL.

Abstract

The issue of sexual violence against children is a critical concern that demands precise legal enforcement, particularly in the process of drafting indictments by public prosecutors. This research is motivated by the lack of accuracy in the indictment filed by the Public Prosecutor in Decision Number 444/Pid.B/2023/PN Bil, in which the defendant was charged solely under provisions related to pornography, despite the fact that the case also involved other criminal acts, namely sexual violence against a minor and involving a child in the consumption of alcohol. This study aims to analyze the suitability of the defendant’s criminal acts with the indictment filed by the Public Prosecutor, as well as to examine the juridical implications for justice and legal protection for the victim. The research employs an empirical legal method with a qualitative approach. The results indicate that the indictment did not reflect the entirety of the criminal acts committed by the defendant, thereby affecting the fulfillment of the victim’s rights and weakening legal protection for children. The conclusion emphasizes the importance of accuracy and comprehensiveness in the formulation of indictments by public prosecutors.

Keywords: Sexual Violence, Pornography, Child Protection, Concurrence of Crimes