Roslina, Roslina (2023) Analisis Yuridis Terhadap Pertimbangan Hukum Atas Putusan Bebas Dalam Perkara Tindak Pidana Persetubuhan Dengan Anak Di bawah Umur Di wilayah Hukum Pengadilan Negeri Dumai. Masters thesis, Universitas Islam Riau.

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Abstract

The perpetrators of the crime of intercourse with minors, who are charged under Article 76E Jo Article 82 paragraph (1) of Law No. 17 of 2016 regarding the second amendment to the Child Protection Law number 23 of 2002 which was decided by the Dumai District Court in case Number 335/Pid.Sus/2021/PN.Dum. Based on the background above, the problem to be answered in this thesis research is about how is the process of proof in cases of sexual intercourse with minors in the jurisdiction of the Dumai District Court? What are the legal considerations of judges for acquittals in criminal cases of intercourse with minors in the jurisdiction of the Dumai District Court? This type of research is normative research in the form of case studies, normative research is research that discusses legal principles, legal history, legal systematics, levels of legal synchronization, and legal comparisons. The author conducts a more in-depth study and discussion or analysis of the disparity of judges' decisions in giving decisions on criminal cases of intercourse with minors in the jurisdiction of the Dumai District Court. Process of Proof in Cases of Crime of Sexual intercourse with minors in the jurisdiction of the Dumai District Court. In this case the Public Prosecutor presented 5 (five) witnesses, documentary evidence and statements from the Defendant and Instructions, and the witnesses presented by the Public Prosecutor pointed to the crime of sexual intercourse with a minor committed by the defendant and became irrefutable evidence. Judge's Legal Considerations for Acquittal in Cases of Crime of Sexual Intercourse with Underage Children in the jurisdiction of the Dumai District Court, namely the Panel of Judges has made legal considerations of the Public Prosecutor's indictment, namely violating Article 76 D, Article 81 paragraph (1) of Law R.I. Number 17 of 2016 concerning government regulations in lieu of the Law of the Republic of Indonesia. Number 01 of 2016 concerning the Second Amendment to the Law of the Republic of Indonesia. Number 23 of 2002 concerning Child Protection and in its legal considerations the Panel of Judges believed that the defendant was not the perpetrator of intercourse with a minor so that the defendant was declared innocent according to the alternative proposed by the Public Prosecutor.

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