DISPARITAS PIDANA DALAM KASUS PENCABULAN TERHADAP ANAK

Abstract

Criminal disparities in cases of sexual abuse of children bring problems to law enforcement in Indonesia. This is a form of the freedom of judges in making decisions, as explained in Article 1 Number 1 of the Law of the Republic of Indonesia Number 48 of 2009 concerning Judicial Power. The formulation of the problem is 1) what is the criminal disparity in cases of sexual abuse of children? 2) What is the judge's consideration of the criminal disparity in cases of sexual abuse of children? This research used a normative juridical approach. Data sources include secondary data consisting of primary, secondary, and tertiary legal materials, and primary data sources. Data collection techniques are document studies and interviews. Data were analyzed qualitatively. Based on the research, it was concluded: 1) the criminal disparity in cases of molestation of children shows a striking difference in the decision by the judge. 2) Juridical the judge's considerations are based on indictments, charges, evidence, evidence, facts at trial. The judge's non-juridical considerations are: the defendant admits and regrets his actions, and the defendant is polite. Keywords: Disparity, Crime, Obscenity, Children