Tinjauan Yuridis Terhadap Tindak Pidana Pencabulan yang Dilakukan oleh Anak (Studi Kasus Putusan Nomor : 28/Pid. Sus-Anak/2016/PN-Mdn)

Abstract

The case of child molestation revealed is always the tip of the iceberg because many similar cases have never been revealed. Most new cases are uncovered after the victim experiences serious physical symptoms such as bleeding or vaginal bleeding. The issues to be discussed are the basis of judges' consideration in imposing criminal sanctions on children committing criminal acts of obscenity in cases of criminal verdict. 28 / Pid. Sus-Children / 2016 / PN.Mdn and What is a criminal verdict no. 28 / Pid. Sus-Anak / 2016 / PN.Mdn imposed by a judge has been in accordance with a sense of justice. To discuss this problem, the research is done by using the research method of library (library research), is by doing research on various sources of written reading, and Field Research methods (Field Research), the authors directly conduct studies to the Medan District Court by taking decision related cases Child trafficking crime related to the title of this research. Then analyzed qualitatively to obtain a clear picture with the subject matter. With qualitative analysis, the data obtained from the respondent or information produces descriptive data analysis so researched and studied as something intact. The results of the study and discussion explain the basis of judges 'consideration in imposing criminal sanction based on 3 witnesses' statements, expert statement, based on Visum Et Revertum letter imposing criminal sanction in Article 82nd paragraph (1) Jo.Pasal 76 E, Law Number 35 Year 2014 on the change of Law no. Law No. 23 Year 2002 on Child Protection and Criminal Rizki Als Kiki imprisonment for 2 (two) years 6 (six) months and a fine of Rp. 10.000.000, - (ten million rupiah) with the provision of unpaid replaced by work training for 1 (one) month and based on the formulation of the second problem that the criminal decision. 28 / Pid. Sus-Anak / 2016 / PN.Mdn imposed by the judge has fulfilled the sense of justice in society and the law applicable by the accused child "because the defendant has been legally proven to commit lewd acts against the child", that the defendant's conduct is against the moral norms Prevailing in society and contrary to government programs in the context of child protection, child acts result in profound trauma for child victims, the act of the child does not reflect the nature of a good child, the child defendant must be guilty of the deeds he or she has committed and should be sentenced accordingly