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DISPARITAS PIDANA PUTUSAN HAKIM ATAS PERKARA PIDANA MEMBUJUK ANAK UNTUK MELAKUKAN PERSETUBUHAN OLEH AYAH KANDUNG (Studi Putusan Nomor 61/Pid.Sus/2021/PN Rbi dan Putusan Nomor 27/Pid.Sus/2023/PN Soe)
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| Subjek | : |
Child abuse; Criminal crime
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| Pengarang | : |
ENDAH VANIA DEWI
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| Pembimbing | : |
Setya Wahyudi,
Dwi Hapsari Retnaningrum
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2024
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| Call Number | : |
345.025 554 DEW d
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
Based on the crime of intentionally inducing a child to have sexual intercourse by
a biological father in Decision Number 61/Pid.Sus/2021/PN Rbi, the Panel of
Judges imposed a sentence of 20 years in prison and Decision Number
27/Pid.Sus/2023/PN Soe, the Panel of Judges imposed a sentence of 13 years in
prison. In the 2 (two) examples, the cases were charged with Article 81 paragraph
(2) and (3) of Law Number 17/2016 but received significantly different criminal
sanctions which could cause criminal disparity. This study aims to determine the
legal considerations of judges and criminal disparity in the crime of inducing a
child to have sexual intercourse by a biological father in Decision No.
61/Pid.Sus/2021/PN Rbi and Decision No. 27/Pid.Sus/2023/PN Soe. This research
is a normative juridical research, with the method of statutory approach, case
approach, and comparative approach. The specification of this research is
prescriptive with secondary data sources including primary, secondary, and tertiary
legal materials. The collection method is obtained using the library method with
data processing methods in the form of data reduction, data display, and data
categorization. The method of presenting legal materials will be presented in the
form of narrative text, and the data analysis method uses a qualitative normative
method by interpreting. The results of this study can be concluded that the judge in
imposing punishment is based on the fulfillment of all conditions of punishment and
there is a criminal disparity in the 2 (two) decisions because in Decision No.
27/Pid.Sus/2023/PN Soe the judge did not pay attention to the aggravation of
punishment, causing significant differences in the imposition of punishment.
Keyword: Criminal Disparity, Inducing Intercourse, Children.
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