Matinya Rule Breaking : Postulat Penalaran Hakim dalam Memutus Bebas Perbuatan Cabul (Kajian Putusan Bebas Perkara No.46/Pid.B/2022/PN Pbr)

Musa, M. and Wiarti, July and Endri, Endri (2023) Matinya Rule Breaking : Postulat Penalaran Hakim dalam Memutus Bebas Perbuatan Cabul (Kajian Putusan Bebas Perkara No.46/Pid.B/2022/PN Pbr). Jurnal Pembangunan Hukum Indonesia, 5 (2). pp. 285-306.

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Abstract

The postulate on legal reasoning in proving elements of sexual offenses is of paramount importance. Case Number 46/Pid.B/2022/PN.Pbr involves a sexual misconduct case in a higher education institution that resulted in acquittal, as the judge assessed that the prosecutor's charge under the principle of subsidiary liability did not fulfill the elements of the criminal offense. This research aims to investigate the judge's reasoning in applying the doctrine of legal evidence and comprehend the legal rule-breaking impasse of the panel of judges in determining the postulate of the defendant's guilt. The research adopts a normative research method. The findings reveal that the judge's reasoning in applying the doctrine of legal evidence in the acquittal decision for the sexual misconduct case solely focused on examining testimonial evidence from witnesses regarding the criminal act. The judge disregarded the entirety of the scientific-forensic expert evidence as supporting facts for the victim's testimony. The second finding indicates that the cause of the legal rule-breaking impasse in determining the postulate of the defendant's guilt is when the judge's legal reasoning in the sexual misconduct case solely emphasizes the visible boundaries of the defendant's actual conduct. The implication of this restrictive interpretive method is that it fails to establish the hidden causal element of the sexual offense. In conclusion, the research suggests that judges perceive forensic expert evidence as irrelevant in proving sexual misconduct and consider it unnecessary to make legal breakthroughs in determining an acquittal decision.

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