ANALISIS YURIDIS PENERAPAN SANKSI BAGI PELAKU TINDAK PIDANA PENCABULAN ANAK (Studi Putusan Nomor 80/Pid.Sus/2019/PN.Tas)

Abstract

This study aims to (1) find out how the judge considers in deciding cases on decision Number 80/Pid.Sus/2019/PN.Tas (2) to find out how the law applies to cases of child abuse in decision Number 80/Pid.Sus/ 2019/PN. Tas. The type of research used is normative legal research, with the nature of qualitative descriptive research. The data collection method used is the library method and then the data obtained is analyzed descriptively qualitatively so as to reveal the expected results and conclusions on the problems. The results of this study indicate that the judge's consideration in deciding the criminal case Number 80/Pid.Sus/2019/PN.Tas is to pay attention to three elements, namely elements of the article, external factors and internal factors of the defendant, and finally the judge pays attention to evidence and demands from Prosecutor Judge. In applying the law of Number 80/Pid.Sus/2019/PN.Tas concerning the contents of the decision on the indictment of the Public Prosecutor, and has been based on the facts at trial, the evidence submitted by the Public Prosecutor is in the form of witness statements, statements of the accused and instructions. With legal considerations, the judge in imposing sanctions is deemed appropriate when viewed from the aggravating and mitigating circumstances of the defendant, in which the actions committed by the defendant have caused the victim to be afraid, embarrassed and traumatized by the victim and the victim's family, which was later connected with the Public Prosecutor's indictment.