ANALISIS YURIDIS PUTUSAN NOMOR 19/PID.SUS/2020/PN.SGR TERKAIT TINDAK PIDANA PENCABULAN OLEH PENGASUH ANAK

Abstract

This study examines and analyzes the conformity of Decision Number 19/Pid.Sus/2020/PN.Sgr with the sentence enhancement provisions under Law Number 35 of 2014 concerning Child Protection, as well as the legal consequences of the judge’s failure to impose the mandatory one-third sentence enhancement on a caregiver convicted of child molestation. This research employs a normative juridical method based on library research, using statutory and case approaches. The findings reveal that the judgment was inconsistent with Article 82 paragraph (2) of Law Number 35 of 2014, as the court imposed only five years of imprisonment without applying the mandatory one-third sentence enhancement. As a result, the sentence was lighter than that required by law, creating a discrepancy between the legal norm and its implementation. This inconsistency may influence future judicial decisions when the case is used as a reference and may reduce legal certainty and consistency in the application of sentencing enhancement provisions in child protection cases.