PENERAPAN PIDANA TERHADAP PELAKU YANG MEMBAWA PERGI PEREMPUAN YANG BELUM DEWASA TANPA KEHENDAK DARI ORANG TUANYA

Abstract

The act of taking away an underage woman (schacing) is a criminal act as regulated in Article 332 Paragraph (1) of the Criminal Code. Examples of schacing cases include case number: 00/Pid.Sus-Anak/2021/PN.Str and 21/Pid.Sus-Anak/2019/PN.Kot. Problem formulation: 1) What is the judge's consideration towards the perpetrator who took the minor girl away without the will of her parents? 2) What is the disparity in punishment for perpetrators who take minor girls away without the will of their parents? The type of research used is normative juridical; data sources come from secondary data consisting of primary, secondary and tertiary legal materials; data collection techniques using document study; The collected data was analyzed qualitatively. Conclusions: 1) The judge's judicial considerations are based on the public prosecutor's indictment, the defendant's statement, witness statements, evidence, regulations that were violated, as well as non-juridical considerations in the form of aggravating and mitigating factors; 2) The form of criminal disparity in these two decisions is that in the first decision 00/Pid.Sus-Anak/2021/PN.Str the defendant was sentenced to a criminal sentence of community service of around 120 hours over a period of no more than 2 days and in the second decision Number: 21/Pid.Sus-Anak/2019/PN.Kot the defendant was sentenced to 1 year in prison.