PERTANGGUNGJAWABAN PIDANA PELAKU KEKERASAN SEKSUAL TERHADAP ANAK BERDASARKAN PASAL 83 AYAT (1) UNDANG-UNDANG NOMOR 35 TAHUN 2014 (Studi Kasus Putusan Nomor 28/Pid.Sus/2025/PN Cms)

Abstract

ABSTRACT

Criminal Responsibility for perpetrators of sexual violence against children Based on Article 83 Paragraph (1) of Law Number 35 of 2014 (A Case Study of Decision Number 28/Pid.Sus/2025/PN.Cms) This study is motivated by the increasing number of cases of sexual violence against children, which constitutes a serious violation of human rights and the rights of children as a vulnerable group entitled to legal protection. In the practice of law enforcement, criminal liability for perpetrators of sexual violence against children is not only concerned with the fulfillment of the elements of a criminal offense but also with judicial considerations in applying the law and achieving the objectives of fair punishment. The research problems addressed in this study are: (1) how is the normative construction of the criminal liability of perpetrators of sexual violence against children under Article 83 paragraph (1) of Law Number 35 of 2014 within the Indonesian criminal justice system; and (2) how did the panel of judges formulate the legal considerations in Decision Number 28/Pid.Sus/2025/PN.Cms, and do those considerations reflect the principles of the rule of law and the objectives of criminal punishment? This research employs a normative legal research method with a case approach. The research is descriptive-analytical in nature and utilizes secondary data consisting of primary, secondary, and tertiary legal materials. Data were collected through library research by examining statutory regulations, legal literature, scientific journals, and court decisions relevant to the subject matter of this study. The results of the study indicate that criminal liability for perpetrators of sexual violence against children under Article 83 paragraph (1) of Law Number 35 of 2014 requires the existence of an unlawful act, culpability (fault), criminal responsibility, and the absence of grounds for the exclusion of criminal liability. In Decision Number 28/Pid.Sus/2025/PN.Cms, the court found that the defendant had fulfilled all the elements of the criminal offense and was therefore criminally liable. The judges' legal considerations in imposing the sentence reflected both juridical and non-juridical aspects, including the protection of the child as the victim and the objectives of punishment in the form of deterrence and the protection of society. The study concludes that the application of criminal liability to the perpetrator of sexual violence against a child in Decision Number 28/Pid.Sus/2025/PN.Cms is consistent with the provisions of Indonesian criminal law and the principles of child protection. The study recommends strengthening law enforcement against perpetrators of sexual violence against children, enhancing the sensitivity of law enforcement officers toward child victims, and optimizing legal protection as well as psychological assistance for victims throughout the judicial process.