ANALISIS YURIDIS PENEGAKKAN HUKUM TERHADAP TINDAK PIDANA PEMERKOSAAN YANG DILAKUKAN OLEH SEORANG AYAH TERHADAP ANAK KANDUNG

Abstrak

Rape crimes against children often occur due to environmental factors, especially family. The problem of this research is how the legal protection of the victim and how the judge's consideration in imposing a sentence on the crime of rape committed by a father against his biological child. This study uses a normative juridical method as well as descriptive analysis so that the primary and secondary data are carried out qualitatively. The theoretical basis is the Law of the Republic of Indonesia Number 17 of 2016 concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection in conjunction with Article 64 of the Criminal Code. the conclusion is that the panel of judges should consider efforts to protect children who are victims of rape and the judge should give punishment so that the defendant has a deterrent effect.