PENERAPAN PIDANA TERHADAP PELAKU TINDAK PIDANA EKSPLOITASI SEX TERHADAP ANAK (StudiKasusPutusanPerkara Nomor.347/Pid.Sus/2019/PN.Pdg)

Abstract

Sexual exploitation of children is an act that violates children's rights. Case Number 347 / Pid.Sus / 2019 / PN.PDG, the defendant was guilty of violating Article 76 I Jo Article 88 of Law Number 35 Year 2014 concerning Child Protection and was imprisoned for 4 years 6 months. Formulation of the problem. (1) How is the application of crime against the perpetrator of a criminal act who exploits child sex in case Number 347 / Pid.Sus / 2019 / PN.PDG? (2) What is the judge's consideration in imposing a criminal offense against child sex exploitation in case Number 347 / Pid.Sus / 2019 / PN.PDG. The type of research used in this study is a normative juridical approach. The normative legal approach is carried out by researching legal principles and legal systematics. The data source used is secondary data consisting of primary law, secondary law and tertiary law. The data collection technique is a documentary study. The data were analyzed qualitatively. The conclusions of the research results: (1) The application of the crime has proven the elements of the criminal act committed by the defendant so that the judge gave a criminal act of sexual exploitation and violated Article 76 I Jo Article 88 imprisonment for 4 (four) years and 6 (six) months and a fine. Rp. 300,000,000.00, - (three hundred million rupiah). (2) Judges consider the existence of juridical considerations and non-juridical considerations.