Nainggolan, Paulin Anggi Angelina (2023) Tinjauan Yuridis Tindak Pidana Dengan Sengaja Membujuk Anak Melakukan Persetubuhan Secara Berlanjut. Other thesis, Universitas Islam Riau.

Text 191010501.pdf - Submitted Version Restricted to Registered users only Download (1MB) | Request a copy

Abstract

Intercourse is the act of inserting the male genitalia into the female genitalia which in general can lead to pregnancy, in other words, if the genitals secrete semen inside the female genitalia. Basically th e regulations regarding the crime of intercourse to protect children from sexual crimes, intercourse occurs because of persuasion without any coercion or threat of violence. The problem raised is that in this research is how material criminal law is appli ed for the crime of intercourse by children and what are the legal considerations of judges in making decisions on case number 10/pid.Sus - Anak/2021/PN.Rgt. The research method used is normative legal research method. As well as the nature of this research is descriptive using document studies in the form of decisions. Which is then analyzed using qualitative techniques and presented descriptively regarding the crime of intercourse. The results of this study are the application of the law against the crime of intercourse in decision number 10/Pid.Sus - Anak/2021/PN.Rgt, by the Public Prosecutor using an alternative indictment which was successfully proven in the first indictment, namely article 81 paragraph (2) of Law No. 17 of 2016 concerning Child Protectio n jo. Article 64 paragraph (1) of the Criminal Code, and is in accordance with the applicable material criminal provisions and the conditions for the defendant to be convicted. This is based on the examination and the facts revealed at the trial, where the evidence submitted by the public prosecutor is the testimony of witnesses and evidence that agrees with the defendant who has confessed to the actions he committed. The judge stated that the defendant's actions met the elements charged by the public prose cutor. The judge's legal considerations in imposing a sentence on the decision of this case are in accordance with the applicable legal regulations, namely based on at least two valid pieces of evidence in which the cases examined by the author of the judg e also use witness testimony and the defendant's statement. The judge in this case considers criminal responsibility in this case based on the facts that existed at trial and considers that the defendant can be held accountable for the actions he committed with the consideration that at the time he committed the defendant was aware of the consequences, the defendant did so in good health.

Actions (login required)

View Item