TINJAUAN VIKTIMOLOGI TERHADAP ANAK KORBAN AKIBAT PERBUATAN CABUL DI KABUPATEN PANGANDARAN

Studi Kasus Putusan Nomor 224/Pid.Sus/ 2023/cms

Abstract

Handling cases of child molestation must be done comprehensively, covering legal, medical, psychological, and social aspects. Legal handling aims to provide justice for both the victim and the perpetrator. In this research, the problem identification is: How is the Victimology Review of Child Victims of Molestation in Pangandaran Regency (Case Study of Decision Number 224/Pid.Sus/2023/PN.Cms)? What are the judge's considerations in the Victimology Review of Child Victims of Molestation in Pangandaran Regency (Case Study of Decision Number 224/Pid.Sus/2023/PN.Cms)? The research method used is descriptive analytical with a normative juridical approach, which is aimed at the existing legal norms connected with legal theory. The data collection techniques used are literature review and field research through observation and interviews. The discussion results and conclusions obtained based on this research are: The Victimology Review of Child Victims of Molestation in Pangandaran Regency (Case Study of Decision Number 224/Pid.Sus/2023/PN.Cms), namely: The defendant Unus B Bin (Alm) Sarhudin was found guilty of committing a continuous and repeated criminal act by enticing a child to perform indecent acts as stated in the first charge of Article 82 Paragraph (1) of the Republic of Indonesia Law Number 17 of 2016 concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2016 on the Second Amendment to Law Number 23 of 2002 on Child Protection in conjunction with Article 64 Paragraph (1) of the Criminal Code. The judge's considerations in the Victimology Review of Child Victims of Molestation in Pangandaran Regency (Case Study of Decision Number 224/Pid.Sus/2023/PN.Cms) are as follows: a. The panel of judges did not find any factors that could eliminate the defendant's criminal responsibility, either as a justification and/or excuse, and since the defendant is capable of being held responsible, the defendant must be declared guilty and sentenced. b. The evidence presented by the parties, in this case, the state represented by the public prosecutor and the defendant. The evidence referred to is in the form of Evidence and Exhibits presented in court. c. The element of deliberately deceiving, a series of lies to persuade the child to have intercourse with him or another person. The element of deliberation has been fulfilled by the defendant's actions, namely by deceiving, a series of lies to persuade the child. It is hoped that law enforcement officers handling cases of children committing criminal acts, especially to prioritize the interests, safety, and welfare of children so that children's rights are in accordance with the applicable legislation.