ANALISIS PERTIMBANGAN HAKIM DALAM PENJATUHAN PIDANA SEUMUR HIDUP TERHADAP PELAKU KEKERASAN SEKSUAL TERHADAP ANAK (PUTUSAN NOMOR 989/Pid.Sus/2021/PN.Bdg)

Abstract

Sexual violence against children is a criminal offense that has severe physical, psychological, and social consequences for victims. Therefore, law enforcement must ensure justice while providing adequate legal protection for children. This study aims to analyze the judicial considerations underlying the imposition of a life imprisonment sentence on the perpetrator of sexual violence against a child and to assess whether such considerations are consistent with the objectives of criminal punishment and the principles of child protection, as reflected in Decision Number 989/Pid.Sus/2021/PN.Bdg. This research employs a normative legal research method using both the statutory and case approaches. The legal materials consist of primary legal sources, including statutory regulations and court decisions, as well as secondary legal sources, such as books and relevant academic journals. The data were analyzed using a descriptive qualitative method. The findings indicate that the judges imposed a life imprisonment sentence based on juridical, philosophical, and sociological considerations. These considerations were grounded in the fulfillment of the legal elements of the criminal offense, the large number of victims, the severity of the physical and psychological harm suffered by the victims, and the defendant's abuse of his position as an educator. Furthermore, this study concludes that the judges' considerations are consistent with the objectives of criminal punishment and the principles of child protection, as the sentence aims to create a deterrent effect, protect society, and provide legal protection for children as victims of sexual violence.