ANALISIS PUTUSAN TERHADAP PERTANGGUNGJAWABAN PIDANA PELAKU TINDAK PIDANA KEKERASAN SEKSUAL OLEH AYAH KEPADA ANAK

Abstract

Sexual violence is the act of a man forcing a woman to have sex with him outside of marriage by using violence or threats of violence. The crime of sexual violence is regulated in Republic of Indonesia Law Number 12 of 2022 concerning Crimes of Sexual Violence. Several examples of cases of a child being raped by the father were decided at the Banjarmasin District Court Number: 858/Pid.B/2022/PN Bjm, and cases decided at the Sambas District Court Number: 11/Pid.Sus/2014/PN.Sbs. The problems studied in this thesis are: (1) What is the responsibility of perpetrators of criminal acts of sexual violence committed by fathers against children? (2) What are the judge's considerations in imposing a sentence on the perpetrator of the crime of sexual violence committed by the father against the child? This research uses a normative juridical approach. Normative juridical research only examines secondary data in the form of court decisions. Data was collected by document study. Data was analyzed qualitatively. Based on the research, it can be concluded that: (1) The perpetrator in the case of sexual violence between the father and the child must be held criminally responsible for his actions. (2) The judge is deemed to have appropriately considered the fulfillment of the criminal elements both juridically and non-judicially.