Silalahi, Merry Gustina Megawati (2024) Analisis Putusan Mahkamah Konstitusi Nomor 21/puu-xix/2021 Terhadadap Pengujian Undangundang Nomor 1 Tahun 1946 Tentang Kitab Undang-undang Hukum Pidana. Other thesis, Universitas Islam Riau.

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Abstract

Constitutional Court Decision Number 21/PUU-XIX/2021 submitted by Petitioners Leonardo Siahaan and Fransiscus Arian Sinaga submitted a request for judicial review of Law Number 1 of 1946 concerning the Criminal Code, especially Article 288 paragraph (1) and Article 293 paragraph (2). because it is considered contrary to the 1945 Constitution. The applicant feels that his constitutional rights have been impaired due to the existence of this article. This research is normative legal research, namely researching/reviewing books or literature and writings related to the subject matter being researched. The data analysis process in this research uses a descriptive analytical method, namely describing the problems found and relating to the next research material that will be analyzed. The results of the discussion from this research are that the Constitutional Court's consideration of Article 288 paragraph (1) states that determining the minimum age limit for marriage is the legal policy of the legislators. Then regarding Article 293 paragraph (2) the Court granted part of the applicant's request because the Court considered that it was possible that minors would become victims of sexual abuse so that they would experience many limitations, so the Court declared the provisions of Article 293 paragraph (2) contrary to the Constitution. 1945. With this, the Constitutional Court granted some of the applicant's requests in Constitutional Court Decision Number 21/PUU-XIX/2021.

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