PENERAPAN PIDANA BAGI PELAKU TINDAK PIDANA CABUL SECARA SODOMI TERHADAP ANAK (Studi: Pengadilan Negeri Klas IA Padang

Abstract

Children are a gift of trust at the same time God Almighty, thet we should always keep in him because of inherent dignity, dignity and rights as human beings we should hold in high regard, but the sexual abuse of children is a form of child abuse in which an adult or adolescent using the older child for sexual stimulation. The issues that will be examined are 1) Are the basic consideration in imposing criminal judge for the obscene criminal sodomy against a child in the jurisdiction  of the District Court 0f Class IA Champaign? 2) How does the application of criminal punishment for sodomy obscene manner towards the child in the jurisdiction of the District Court of Class IA Champaign? This type of research is a socio-juridical, source of data is the primary data and secondary data, engineering data collection were interviews and document study, the data were analyzed qualitatively. The results of this study concluded: 1) the basic consideration of the judge in imposing criminal penalties for sodomy obscene manner towards the child in the jurisdiction of the District Court of Class IA Champaign that judges should look at the facts in the trial seen from the testimony of witnesses, testimony of the defendant, revertum evidence or proof, 2) the application of the criminal against the obscene criminal sodomy against a child in the jurisdiction of the District Court of Class IA Champaign that according to Article 82 of Law No. 23 of 2002 on child Protection what a legal act if found guilty the threat criminal is not less than the minimum threat that is 4 (four) years.

Keywords: Criminal, Obscene, Sodomy, Child