ANALISIS PENERAPAN PEMBERATAN HUKUMAN KARENA ADANYA RELASI KUASA DALAM TINDAK PIDANA KEKERASAN SEKSUAL TERHADAP ANAK YANG DILAKUKAN OLEH TENAGA PENDIDIK (STUDI PUTUSAN NOMOR 334/PID.SUS/2021/PN SBW)

Abstract

Sexual violence against children committed by educators constitutes a serious criminal offense because it involves the abuse of power relations between the perpetrator and the victim. As a form of legal protection for children, Article 82 paragraph (2) of Law Number 17 of 2016 mandates a one-third sentence enhancement when the offender is an educator or educational personnel. This study aims to examine the application of the sentence enhancement in Decision Number 334/Pid.Sus/2021/PN Sbw and to analyze its legal implications. This research employs normative legal research using statutory and case approaches with prescriptive analysis. The findings reveal that the defendant was proven to be the victim's teacher and homeroom teacher, thereby fulfilling the legal requirements for sentence enhancement. However, the court imposed only six years of imprisonment, whereas the mandatory enhancement should have resulted in a minimum sentence of six years and eight months. This inconsistency demonstrates a gap between the recognition of the aggravating circumstance and its implementation in the judgment, thereby weakening legal certainty, diminishing the deterrent function of the law, and limiting the effectiveness of legal protection for child victims.