Proses Pembuktian Oleh Jaksa Penuntut Umum Untuk Melakukan Penuntutan Dilihat Dari Peran Korban Dalam Terjadinya Tindak Pidana Persetubuhan Terhadap Anak Dibawah Umur (Studi Kasus Tuntutan Jaksa Penuntut Umum No. Reg. Perkara : PDM- 05/Pekan/01/2019)

Empiyana, Desika Ria Raun (2020) Proses Pembuktian Oleh Jaksa Penuntut Umum Untuk Melakukan Penuntutan Dilihat Dari Peran Korban Dalam Terjadinya Tindak Pidana Persetubuhan Terhadap Anak Dibawah Umur (Studi Kasus Tuntutan Jaksa Penuntut Umum No. Reg. Perkara : PDM- 05/Pekan/01/2019). Other thesis, Universitas Islam Riau.

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Abstract

In prosecuting sexual offenses against minors, the Public Prosecutor must first prove the defendant's actions so that there is no confusion so as to provide criminal charges in accordance with the actions committed by the defendant based on information obtained during the trial which in the act was not only the defendant the guilty but also seen from the role of the victim in the occurrence of a crime of sexual intercourse with a minor. The main problem in this research is how the process of evidence by the public prosecutor to prosecute is seen from the role of the victim in the occurrence of sexual offenses against minors (case study of prosecutors' demands No. Reg. Case: PDM-05 / PEKAN / 01 / 2019) and what are the obstacles in the evidentiary process by the public prosecutor to carry out the prosecution is seen from the role of the victim in the occurrence of sexual offenses against minors (case study of the prosecutor's claim No. Reg. Case No.: PDM-05 / PEKAN / 01/2019). This type of research used in this study is observational or survey legal research conducted by interviewing several competent speakers and related to the writing of this thesis. Data is presented in the form of a description that is systematically compiled with quantitative analysis. The results of -the verification process by the public prosecutor to carry out the prosecution are seen from the role of the victim in the occurrence of sexual offenses against minors (case study of the prosecutor's claim of the prosecutor case number: pdm-05 / week / 01/2019) fulfilling the requirements formal and material as well as in accordance with the provisions stipulated in the Criminal Code based on witness-witness statements, visum et repertum letters, statements of the defendant and evidence. The obstacles are that the investigation file submitted by the investigator to the public prosecutor does not clearly describe the role of the victim in the occurrence of a crime, there is no explicit and clear regulation regarding the problem of the role of the victim, the lack of victim participation in the trial process and juridical technical issues that are not appropriate with applicable law. The public prosecutor charged defendant Antonius Rajagukguk with imprisonment for 9 (nine) years. The author is of the opinion that the claim does not reflect a sense of justice because the public prosecutor does not sue the defendant with a minimum imprisonment as stated in Article 81 paragraph (2) of Law Number 17 Year 2016 at least 5 (five) years in prison in which there is a role of the victim in the crime , so the public prosecutor must consider in giving their demands. The public prosecutor must also provide assistance to the child victims of sexual intercourse in order to provide clear information for the creation of justice for victims, defendants and the community.

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