PERTIMBANGAN HAKIM DALAM MENJATUHKAN PIDANA PELAKU PERSETUBUHAN DI LUAR PERKAWINAN DENGAN ORANG TAK BERDAYA (DISABILITAS) (STUDI KASUS NOMOR XX/Pid.B/2021/PN BJN)

Abstract

the criminal act of sexual violence as the object of the offender's disability will be charged with Article 286 of the Criminal Code. the aim of the research is to analyze the judge's considerations and the application of punishment to the perpetrators of the crime of sexual intercourse outside of marriage with a helpless person (Disability) Article 286 of the Criminal Code. This study uses a normative legal approach. Source of data used is secondary data. The legal materials used are Primary, Secondary, Tertiary legal materials. Conclusion 1. The panel of judges has considered in advance the public prosecutor's indictments, criminal charges, statements of witnesses and expert witnesses, statements of the accused, evidence and articles in the law. 2. The articles charged by the defendant are in accordance with a prison sentence of 7 years.