Juridical Review of A Sexual Violence Criminal Offense Committed by A Step Father Against A Stepchild

Abstract

This study aims to review the delibration process of The Panel of Judges in imposing a heavier sentence than the Prosecutor's demands for
the perpetrator of sexual violence criminal offense committed by a stepfather against a stepchild in Verdict of District Court of Kefamenanu
Number 3/Pid.Sus/2023/PN Kfm. In imposing a sentence, the Panel of Judges must consider juridical and non-juridical circumstances
to impose a fair sentence for the defendant and the victim. This research is conducted by reviewing written norms with a case approach
supported by secondary data or library materials. The data were collected through a literature study and documentation. The method of data
analysis in this study is descriptive qualitative method. The results of this study indicate that in imposing a verdict to the Defendant who
committed the crime of sexual violence against his stepdaughter, the Panel of Judges has considered 3 (three) aspects, namely juridical,
philosophical, and sociological considerations. The Panel of Judges is convinced to heighten the criminal penalties imposed on the Defendant
based on philosophical considerations. In philosophical considerations, the Panel of Judges considered that the urgency of sexual violence that
is often committed against children could threaten the crucial roles of children as the next generation of the nation in the future. Therefore,
the Panel of Judges believes that imposing a heavier sentence than the Prosecutor's demands for the perpetrators of sexual violence crimes is
exceptional in the court. In practice, judges commonly impose less or the same punishment as the charges of the Prosecutor in other existing
verdicts.
Keywords: judges’ considerations, sexual violence, criminal law, children