ANALISIS YURIDIS TERHADAP PUTUSAN BEBAS MENGENAI TINDAK PIDANA PERSETUBUHAN ANAK ATAS DASAR SUKA SAMA SUKA (STUDI KASUS PUTUSAN NOMOR : 51/PID_SUS/2016/PN KBU)

Abstract

Children are a gift that Allah SWT gives to parents to be cared for and educated to become the next generation of people who have dignity. However, in everyday life children are vulnerable to becoming victims of sexual crimes by irresponsible perpetrators and children must receive protection. One of the most common sexual crimes that occur in children is intercourse that begins with persuasion. In this case a 17-year-old girl who can still be said to be a minor, has become a victim of the crime of sexual intercourse which was committed by her own boyfriend which began with persuasion, lure or seduction that the defendant promised to marry the victim's witness' child. . It has been regulated in laws and regulations regarding the prohibition of having intercourse with minors as regulated in Article 76D, Article 76E, Article 81 paragraphs (1) and (2), Article 82 paragraph (2) of Law Number 17 of 2016 concerning Determination Government Regulation in lieu of Law Number 1 of 2016 concerning Amendment to Law Number 23 of 2002 concerning Child Protection, and Article 64 of the Criminal Code. However, the judge handed down an acquittal against the defendant. Based on the background above, the problem taken is, what is the basis for the judge's consideration in deciding to acquit the perpetrator of the crime of child sexual intercourse in case of decision number 51/Pid_Sus/2016/PN Kbu? And does the judge's decision in the case of decision number 51/Pid_Sus/2016/PN Kbu reflect the protection of children and have a deterrent effect?.