Legal Analysis of Criminalization of Child Sexual Abuse Perpetrators Based on Social Justice (Case Study Number: 23/PID.SUS/2024/PN STG)

Abstract

Article 3 of Law of the Republic of Indonesia Number 23 of 2002 concerning Child Protection explains that child protection aims to ensure that children's rights are fulfilled so that they can live, grow and develop in accordance with human dignity and dignity. The growth and development of children are often faced with difficult situations, where children as the successors of the nation and future generations are often victims of violence and crime. Crimes that arise in the family environment can be in the form of sexual violence against children, one of which is sexual intercourse.
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 problems in this study were analyzed using the theory of punishment and the theory of justice.
Based on the results of the study, the judge's considerations in sentencing the Criminal Case Decision Number 23 / Pid.Sus / 2024 / PN Stg were in accordance with the theory of punishment where the judge had considered both legal and non-legal considerations, facts in the trial, witness statements, available evidence, the judge's beliefs and things that support the criminal sanctions imposed. Criminalization in Indonesian law is a method or process of imposing sanctions or punishments on a crime or a person who commits a crime. Therefore, the Panel of Judges imposed a sentence of 11 years and a fine of Rp. 300,000,000.00 where the decision-making made by the panel of judges was through the judge's considerations that were in accordance with the legal facts and elements that had been revealed in the trial. The punishment imposed by the Panel of Judges was in accordance with social justice for both the victim and the defendant.