Silalahi, Kevin Caniggia (2023) Tinjauan Yuridis Tindak Pidana Pencabulan Terhadap Anak Kandung (studi Putusan No.11/pid.sus/2022/pn.plw). Other thesis, Universitas Islam Riau.

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Abstract

Criminal case No.11/Pid.Sus/2022/PN.Plw is a case where a child has been repeatedly molested by his biological father, who then complains to his mother but the mother just keeps quiet and does not complain to the police, because she is afraid abandoned and not supported by the family. as stipulated in the Child Protection Act, the mother herself by allowing obscene acts to be committed and if she violates Article 76D and Article 81 of the Child Protection Law will be "punished with a minimum imprisonment of 5 (five) years and a maximum of 15 (fifteen) years and a maximum fine Rp. 5,000,000,000.00 (five billion rupiah)”. But in fact (Das Sein) in the judge's decision only the father received criminal sanctions, while the judge knew that there was a provision that the mother of the victim should also be subject to sanctions. therefore it is the main problem in this research is proof of the crime of sexual abuse of biological children and the judge's consideration in Decision Number: 11/Pid.Sus/2022/PN Plw. The approach method used in this research is normative juridical research with the nature of descriptive research. The sources used in the research come from secondary data with collection techniques using library research, analyzed qualitatively by collecting data, then the data is processed, after processing the data is presented with a discussion according to the results of the study in accordance with expert opinions and laws and finally drawing conclusions. inductively. Based on the results of the research, the proof of the criminal act of sexual abuse committed by RR (the accused) has been legally and convincingly proven to fulfill the formulation of the crime charged in Article 82 of the Child Protection Law, and the witness of the victim can be concluded and proven to have fulfilled the formulation of the crime in Article 82 of the Law on Child Protection, but the Judge only focused on the indictment and charges charged by the Public Prosecutor. And the legal considerations of the panel of judges in imposing criminal sanctions against the guilty in decision Number 11/Pid.Sus/2022/PN.Plw are appropriate because the sentences handed down are still lacking, bearing in mind that actions that have been committed for years are not only mentally damaging, but also destroy the lives of social victims. However, the judge did not consider it in terms of the emergence of new evidence, where the victim's mother had committed the act of allowing herself to be forced to commit obscene acts by the crime.

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