Penerapan Sanksi Hukum Tindak Pidana Pemerkosaan yang dilakukan oleh Anak (Studi putusan No. 65/Pid.Sus-Anak/2017/PN.Mdn)

Abstract

Rape by some groups is grouped into acts of violence against women, even in some cases that often arise, rape can be carried out by a man against his wife, child (niece) or woman who lives at home, so that the various terms appearing marital rape, sexual abuse and incest, which is more commonly known as an act of violence against women. The problem in this study is whether the factors causing the crime of rape committed by minors and how the application of criminal sanctions against children who commit criminal acts of rape on Decision No. 65 / Pid.Sus-Anak / 2017 / PN.Mdn. The research method used is library research (Library Research). This method by conducting research on various written reading sources from scholars, namely theory books about law, legal magazines, legal journals as well as lecture materials as well as regulations regarding criminal acts. Field research, namely by conducting spaciousness in this case the author immediately conducted a study at the Medan District Court by taking a decision related to the thesis title, namely the case of a criminal act of rape committed by a child, namely Decision No. 65 / Pid.Sus-Anak / 2017 / PN.Mdn. The results of the study based on the issues discussed are the factors that cause the crime of rape by underage children to victims who are also underage children are due to social factors, and media factors, because defendants are often in internet cafes, can often watch pornographic films and practice it against his own girlfriend, the defendant wants to be responsible for his actions, but because there is no money and is not approved by the family, the defendant is reported to the police to account for his actions. Application of criminal sanctions against children who commit criminal acts of rape on Decision No. 65 / Pid.Sus-Anak / 2017 / PN.Mdn on behalf of Steven Alias Steven Hutagalung Ali Geleng has been proven legally and convincingly guilty of committing a crime "By intentionally committing deception, a series of lies or persuading a child to have sex with him". Imposing a criminal against the child with imprisonment for 3 (three) years and 6 (six) months. Also impose criminal on the child by undergoing Job Training for 1 (one) month in Upt. LKPS - Child and Youth Social Services (PSAR) Social Service of North Sumatra Province at Tanjung Morawa.