Legal Analysis of Criminal Liability of Child Perpetrators in the Crime of Sexual Intercourse (Case Study of Case Number X/PID.SUS-ANAK/2023/PN MGG)

Abstract

According to the SPPA Law, children in conflict with the law are children who are 12 years old, but not yet 18 years old who are suspected of committing a crime. The increase in cases of children in conflict with the law shows the need for legal protection for children. The criminal justice system for children is also different from criminal justice in general, considering the characteristics and nature of children and for the protection of these children. The purpose of writing this research is to find out the judge's considerations in sentencing a child perpetrator of a crime of sexual intercourse with a minor in Decision Number X/Pid.Sus.Anak/2023/PN MGG and to find out the criminal responsibility of the child perpetrator for the crime of sexual intercourse in Decision Number: X/Pid.Sus.Anak/2023/PN MGG. The research approach used in this study is through a normative legal approach using secondary data obtained through literature studies, then data analysis is carried out using qualitative descriptive analysis. The research method for this writing uses the analytical knife of the theory of the workings of law and the theory of justice. Based on the results of the study, in decision number X/Pid.Sus-Anak/2023/PN Mgg, the Judge imposed a sanction on the Child Perpetrator with a prison sentence of 2 years and 6 months and was placed in LPKA. The judge's considerations in sentencing are legal considerations, facts in the trial, witness statements, available evidence, the judge's beliefs and supporting matters and the criminal sanctions imposed. The perpetrator's child is over 14 years old so that he can be held criminally responsible. As per Article 81 paragraph 2 of the SPPA Law, the maximum prison sentence that can be imposed on a child is 1/2 (one half) of the maximum prison sentence for adults.