PEMIDANAAN BAGI PELAKU TINDAK PIDANA PENCABULAN TERHADAP ANAK DI BAWAH UMUR (STUDI PUTUSAN Nomor 502/Pid.Sus/2020/PN Bdg)

Abstract

The criminal act of obscenity is part of a crime against decency, where the obscene act does not occur to adults but also occurs to minors. Children become victims of sexual abuse and experience various disturbances to themselves, both physical and non-physical. The aims of this research are: to find out the criminal law responsibility for the perpetrators of the criminal act of obscenity against minors, the application of criminal sanctions against the perpetrators of the criminal act of obscenity against minors in various laws and regulations, as well as legal considerations by judges in making decisions against perpetrators of criminal acts of sexual abuse of minors as stated in Court Decision Number 502/Pid.Sus/2020/PN Bdg. The method used is normative juridical. The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The results of this study are that a person can be held accountable for his actions because of self-awareness and he also understands that the act is prohibited according to applicable law, the perpetrator can be charged with imprisonment for a maximum of 15 (fifteen) years and a minimum of 5 (five) years and a fine maximum Rp. 5,000,000,000.00 (five billion rupiah). The application of criminal sanctions for perpetrators of sexual abuse of children is regulated in Article 290 paragraph (2) and paragraph (3), Article 292, Article 293, Article 294 paragraph (1), and Article 295 of the Criminal Code. It is also regulated in Article 81 paragraph (2) RI Law No. 17 of 2016 concerning Stipulation of Government Regulation instead of Law No. 1 of 2016 concerning Amendments to RI Law No. 2 of 2002 concerning Child Protection. The judge's considerations in making a decision are based on the public prosecutor's indictment, witness testimony, the defendant's statement, and the discovery of evidence. As well as the impact of the defendant's actions and the defendant's condition. The defendant has been legally and convincingly proven guilty of committing the crime of obscenity, the defendant is sentenced to imprisonment for 14 (fourteen) years and pays a fine of Rp. 50,000,000.00 (fifty million rupiah).

Keywords: Crime, Obscenity, Children.