PERTIMBANGAN HAKIM DALAM PENJATUHAN PUTUSAN BEBAS DALAM TINDAK PIDANA PENCABULAN AYAH KEPADA ANAK (Studi Putusan Nomor 000/Pid.Sus/2023/PN Lbb)

Abstract

The crime of obscenity does not only occur among the community in general but sometimes also occurs within the family. Children who are victims of sexual abuse are regulated in Article 82 paragraph (2) Jo Article 76E of Law Number 35 of 2014 concerning Child Protection. As in the case of BS a biological father has deliberately committed violence or threats of violence, coerced, committed a ruse, committed a series of lies, or persuaded the child to commit or allow lewd acts to be done, committed by the parents. Problem formulation (1) What is the process of proving a free verdict against perpetrators of child molestation in Lubuk Basung Verdict 000/Pid.Sus/2023/PN Lbb? (2) What is the judge's consideration in the acquittal of child molesters in Lubuk Basung Decision 000/Pid.Sus/2023/PN Lbb? This study used a normative juridical approach. The source of data is secondary data, which consists of primary legal material, secondary legal material, and tertiary legal material. Data are collected by document study and analyzed qualitatively. Conclusions of the research results: (1) The evidentiary process in the trial is by the procedural acquittal of child molestation in Lubuk Basung Decision 000/Pid.Sus/2023/PN Lbb. (2) The judge's consideration in imposing a crime is based on juridical considerations and non-juridical considerations.