ANALISIS TINDAK PIDANA KEKERASAN SEKSUAL TERHADAP ANAK DI BAWAH UMUR

(STUDI PUTUSAN PENGADILAN NEGERI BREBES NOMOR 28/PID.SUS/2021/PN BBS)

Abstract

Law of the Republic of Indonesia Number 35 of 2014 concerning Amendments
to Law Number 23 of 2002 concerning Child Protection where in the Act describes
the obligation to provide protection to children, but the criminal provisions for
perpetrators of abuse against children in the Act are still very low. weak as a basis
for handling cases of child abuse.
This study aims to determine the judge's considerations in deciding cases of
sexual violence against children in the Brebes District Court Decision Number
28/Pid.Sus/2021/PN Bbs and also to determine the psychological impact of child
victims of sexual violence in cases of sexual violence against children. children in
the decision of the Brebes District Court Number 28/Pid.Sus/2021/PN Bbs,
The type of research carried out is legal research using a statutory approach in
conducting assessments of criminal liability in banking crimes. The data collection
method used is the library method and the case approach method, then the data
obtained is analyzed descriptively qualitatively so as to reveal the expected results
and conclusions on the problem.
The results show that based on the judge's consideration in the Brebes District
Court's decision Number 28/Pid.Sus/2021/PN Bbs, the authors agree with the
judge's decision or conclusion in stating that the defendant on behalf of Acep Narto
Bin Maman was legally and convincingly proven guilty of committing a crime.
intentionally commits violence forcing the child to have intercourse with him as
stated in the first indictment; as regulated in Article 81 Paragraph (1) Jo. Article
76D of the Law of the Republic of Indonesia No. 23 of 2002 concerning Child
Protection and related to the psychological impact of children who are victims of
sexual violence can also experience trauma and suffering, both physical,
psychological, and mental which need to be addressed in an integrated manner.
Keywords: Consideration, Sexual Violence, Psychological