Analisis Pembuktian Terhadap Tindak Pidana Pencabulan Oleh Oknum Anggota Polri Dalam Perkara No. 877/pid.b/2016/pn.pbr

Friska, Annissa (2019) Analisis Pembuktian Terhadap Tindak Pidana Pencabulan Oleh Oknum Anggota Polri Dalam Perkara No. 877/pid.b/2016/pn.pbr. Other thesis, Universitas Islam Riau.

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Abstract

Criminal acts of sexual abuse are illegal actions taken to obtain sexual pleasure while disturbing the honor of morality and being carried out outside prohibited and criminal sanctions. Criminal acts of molestation are immoral acts that often occur in people’s lives. One example of the culprit is a member of the national police who is part of law enforcement, where he has committed a criminal act of molestation against a woman by referring to the decision of the pekanbaru district court number 877/Pid.B/2016/PN.Pbr, the defendant was found guilty of committing an offense and was sentenced to 6 years imprisonment. The problem in this research is how to prove the criminal act of sexual abuse committed by individual member of the Indonesian national police in number cases 877/Pid.B/2016/PN.Pbr and how is the judge’s judgment in deciding cases of criminal acts of abuse committed by individual members of the national police in number cases 877/Pid.B/2016/PN.Pbr. This writing when viewed from the type of research classified as normative legal research, namely research to study and explore and look for answers about what should be of each problem studied, which consists of 3 (three) primary, secondary and tertiary legal materials. Whereas if viewed from its nature, this research is descriptive, namely research that explains in clear and detaied sentences about the analysis of proof of criminal acts of sexual abuse committed by individual members of Indonesian national police in case number 877/Pid.B/2016/PN.Pbr. Based on the results of the research and discussion of the author’s thesis it can be concluded that proof of the criminal acts of sexual abuse committed by unscrupulous members of the national police in case number 877/Pid.B/2016/PN.Pbr has been done by submitting evidence by the public prosecutor. In the case the public prosecutor presented 7 (seven) witnesses, a letter of the post mortem of repertum, the statement of the defendant and additional evidence that could prove the defendant violated the provisions of the article 289 of the Criminal Code concerning sexual abuse, and consideration of judges in imposing criminal cases against individual members of the police who commit criminal acts of molestation in case number 877/Pid.B/2016/PN.Pbr is a defendant sentenced to imprisonment for 6 (six) years, but these considerations did not fulfil justice because the accused sould have been punished more severely because the defendant was a member of the national police and had also planned to kidnap victims and forcing victims to threaten using firearms in the aspects of criminal law theory including the nature of criminal offenses. Where the basis of the criminal offense is that the creator can be convicted beyond or above the maximum threat of the crime he committed.

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