SANKSI PIDANA BAGI PELAKU TINDAK PIDANA KEKERASAN SEKSUAL MELALUI IMPLEMENTASI UNDANG-UNDANG NOMOR 12 TAHUN 2022 TENTANG TINDAK PIDANA KEKERASAN SEKSUAL ( Studi Putusan Pengadilan Negeri Fak-Fak Nomor 18/Pid.b/2023/PN FFK)

Abstract

Abstract

The purpose of this study is to determine the basis for the consideration of the Panel of Judges in sentencing the perpetrator and to determine the application of criminal sanctions for perpetrators of sexual violence in the Fakfak District Court Decision Number 18/Pid.b/2023/PN FFK. This type of research is normative descriptive. The research data source uses secondary data. Data collection techniques using literature study. The data analysis technique used is qualitative analysis. The results showed that the consideration of the Panel of Judges in reaching a verdict on the crime of sexual violence in Fakfak District Court Decision Number 18/Pid.b/2023/PN FFK consisted of juridical factors, namely, witness testimony, testimony of the defendant, instructions, consideration according to the law and consideration of mitigating and aggravating circumstances. The legal consequences of the decision of the Panel of Judges against the perpetrator of sexual violence in Fakfak District Court Decision Number 18/Pid.b/PN FFK are in the form of imprisonment for 12 (twelve) years. Law enforcement of sexual violence in Indonesia is not easy. There are so many cases of sexual violence that occur today or maybe in the future even though there are guarantees for everyone to get protection from sexual violence both in the form of physical and non-physical. The application of criminal sanctions against perpetrators of sexual violence has been regulated in law. Because in the applicable law, the criminal sanctions given to the perpetrators have several forms according to the criminal acts committed.

Keyword :sexual violence, Undang-Undang Nomor 12 Tahun 2022 tentang Tindak Pidana Kekerasan Seksual, criminal sanctions