TINJAUAN YURIDIS PENJATUHAN PUTUSAN BEBAS TINDAK PIDANA PENCABULAN TERHADAP ANAK (STUDI PUTUSAN NOMOR 123/PID.SUS/2023/PN SKB)

Abstract

This study aims to examine the legal regulation of child molestation and analyze the judges' legal considerations containing a dissenting opinion in Decision Number 123/Pid.Sus/2023/PN Skb. The research problems are: (1) How are the judges' legal considerations in rendering an acquittal accompanied by a dissenting opinion in the case? (2) What is the form of aggravating circumstances applied to the perpetrator of child molestation in the case? This study employs a normative legal research method with a statutory approach and a case approach, utilizing primary and secondary legal materials analyzed through a prescriptive-qualitative method. The results provide two definitive conclusions: First, the majority of the judicial panel rendered an acquittal because they deemed the evidentiary strength failed to meet the standard of conviction due to the retraction of the child victim's statement in the police investigation report (BAP), whereas the Chief Judge, in her dissenting opinion, explicitly stated that the Defendant's actions legally fulfilled all elements of Article 82 Paragraph (2) of the Child Protection Act jo. Article 65 Paragraph (1) of the Criminal Code as a multiple offense (concursus realis) against three child victims. Second, the aggravating circumstance for the Defendant is strictly based on his normative status as an educator (teacher) who exploited a power relation within the school environment, thereby legally qualifying for the application of an additional one-third sanction under Article 82 Paragraph (2) of the Child Protection Act, resulting in a prison sentence of 8 years and a fine of IDR 1,000,000,000.00.