ANALISIS YURIDIS TERHADAP SANKSI PELAKU TINDAK PIDANA PEMERKOSAAN PADA ANAK (Studi Putusan Nomor 185/Pid.Sus/2019/PN.MDl)

Abstract

Obscenity is an act committed by someone who is motivated by sexual desire. Child victims of sexual abuse will certainly have an impact on the child's mental development or psychological impact on children to ensure the fulfillment of children's rights so that they can live, grow, develop and participate optimally in accordance with human dignity and dignity and receive protection from violence and discrimination for the sake of the realization of Indonesian children. of quality, noble character and prosperity. This is clearly stated in Article 3 of Law Number 23 of 2002 concerning Child Protection. The problems in this research are 1). Is the application of criminal sanctions against perpetrators of the crime of rape based on decision number 185/Pid.sus/2019/PN.MDI? 2). What is the judge's consideration in imposing a sentence on the perpetrator of the crime of rape committed by a neighbor? This research uses normative juridical research and library research by reviewing statutory regulations, books and other sources related to the object of study. Based on the research results, there were several factors that were less than optimal in child protection, the judge decided that the perpetrator was declared innocent due to a lack of evidence and resulted in injustice for the victim.