Penjatuhan Pidana di bawah Minimum Terhadap Pelaku Tindak Pidana Pencabulan Anak (Putusan Nomor: 144/Pid.Sus/2019/PN.Kds)

Abstract

Sexual crimes against children can result in both material and immaterial losses for the victims. In the source of criminal law, the regulation of criminal acts of morality against children is specifically regulated in Law Number 17 of 2016 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. The writing of this scientific paper wants to explain about one example of a case of sexual crime against children in the form of a criminal act of child molestation, namely in Verdict Number: 144/Pid.Sus/2019/PN.Kds. with a prison sentence of 2 (two) years and a fine of Rp. 30,000,000.00 (thirty million rupiah). In his injunction the judge stated that the defendant was legally and convincingly proven guilty of committing a crime of forcing a child to commit or allowing an obscene act to be committed. However, the judge decided below the minimum criminal provisions in particular, thus the judge had deviated from the provisions of the criminal threat in Article 82 Paragraph (1) of the Child Protection Act, namely a maximum of 15 (fifteen) years and a minimum of 5 (five) years imprisonment and a maximum fine of Rp. 300,000,000, - (three hundred million rupiah) and a minimum of Rp. 60,000,000, - (sixty million rupiah). By imposing a sentence below the minimum provisions, it is felt that it does not provide an element of legal certainty and an element of justice. Children who experience this immaterial loss can be psychologically disturbed (psychological disorders) in the form of a depressed attitude, stress, inferiority, imagined events, and angry attitudes towards the perpetrator. Therefore, because of its dangerous nature, it is expected that in imposing a crime it is expected to be carried out seriously commensurate with the severity and nature of the crime and not to impose a crime that offends the sense of justice in society.