PENJATUHAN PUTUSAN PEMIDANAAN DIBAWAH ANCAMAN MINIMUM TERHADAP TINDAK PIDANA PENCABULAN KEPADA ANAK DI BAWAH UMUR

Studi Putusan Nomor 354/Pid.Sus/2014/PN.Lht

Abstract

Obscenity is a crime and immoral offense that can be committed by anyone, regardless of the perpetrator's social status, age, educational background, gender and other things that cause unrest among local residents. One of the criminal acts of obscenity that has been examined and tried by the Lahat District Court is decision number 354/Pid.Sus/2014/PN.Lht. In this decision, the perpetrator was sentenced to prison for 1 (one) year and 6 (six) months for allegedly violating Article 82 of Law Number 23 of 2002 concerning Child Protection. The type of research used is normative legal research using the statutory approach, case approach, comparative approach and analytical approach. Data collection was carried out using secondary data obtained through library materials consisting of primary legal materials and secondary legal materials. The data analysis used is descriptive qualitative analysis and conclusions are drawn using the inductive method. Based on the research findings and discussion, it can be concluded that the imposition of criminal decisions on perpetrators of criminal acts of sexual immorality (study decision number 354/Pid.Sus/2014/PN.Lht) is not in accordance with the applicable law and is contrary to human rights. In Article 82 of Law Number 23 of 2002 concerning Child Protection, it is stipulated that the threat of imprisonment is a minimum of 3 years and a maximum of 15 years and a fine of at least Rp. 60,000,000 and a maximum of Rp. 300,000,000. The panel of judges sentenced the perpetrator to prison under a minimum threat of 1 year and 6 months with a fine adjusted to the applicable article. The sentence given to the defendant should be a minimum of 3 years and a maximum of 15 years. The author suggests that the Panel of Judges who examine and decide on a criminal case should be more careful in determining the actions carried out in accordance with the elements of the articles of the statutory regulations.