Legal Review of The Acquitting Decision in The Case of Indemnity Against Children in The Context of Protection

Christo Franciscus Saragih

Abstract


This research is entitled "Juridical Review of the Acquittal Decision in the Case of Indecent Acts Against Children in the Context of Legal Protection". The background of this research is to analyze what considerations the Panel of Judges of the Lubuk Basung District Court had in deciding the acquittal of case Number: 36/Pid.Sus/2023/PN Lbb. Was the evidence provided by the Public Prosecutor in this case not carried out properly or was the value of the Public Prosecutor's evidence unable to convince the Panel of Judges.  Method This research uses an empirical legal approach, also known as sociological legal research, which examines law by conceptualizing it as real behavior. The research data is sourced from primary data obtained directly from the field through interviews and secondary data collected through literature review. Then, it is analyzed qualitatively to determine the legal certainty that exists in society.            Results Research shows that there are differences of opinion between the Panel of Judges and the Public Prosecutor in viewing the legal facts revealed in court through witness testimony, expert testimony, letters, and the defendant's testimony. Regardless of these differences of opinion, a case must be decided based on at least two valid pieces of evidence and the judge's conviction, as stipulated in Article 183 of the Criminal Procedure Code. This is to ensure that a decision remains within the legal framework and provides legal protection for the public.


Keywords


Decision; Evidence; Legal Protection.

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References


Journals:

Saragih, Christo Franciscus. (2026). Legal Review of the Acquitting Decision in the Case of Indemnity Against Children in the Context of Protection. Thesis. Master's Program in Law, Faculty of Law, Sultan Agung Islamic University, Semarang.

Victoria, Ong Argo, Ade Riusma Ariyana, & Devina Arifani. (2020). Code of Ethics and Position of Notary in Indonesia. Sultan Agung Notary Law Review, Vol. 2 No. 4: p.397-407.

Books:

Hamzah, Andi. (1992). Principles of Criminal Law. Second Edition. Jakarta: Rineka Cipta.

Muladi, & Barda Nawawi Arief. (2010). Criminal Theories and Policies. Bandung: Alumni.

Rahardjo, Satjipto. (2000). Ilmu Hukum. Bandung: PT. Citra Aditya Bakti.

Regulation:

Constitutional Court Decision Number 6/PUU-XV/2017.




DOI: http://dx.doi.org/10.30659/rlj.5.3.3492-3499

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