TINJAUAN YURIDIS PENERAPAN PASAL 82 UNDANG UNDANG NOMOR 35 TAHUN 2014 TENTANG PERLINDUNGAN ANAK PADA TINDAK PIDANA PENCABULAN TERHADAP ANAK ( STUDI KASUS NOMOR : 174/PID.SUS/2019/PN.TLK )

Abstract

A criminal act is an act or act committed by a human being which is prohibited

by criminal law. The problem in this research is how to apply article 82 of Law Number 35 of

2014     concerning     Child    Protection     in    the     Crime     of    Child    Abuse     (Number:

174/Pid.Sus/2019/PN.Tlk) and how the judges consider in making a decision. The author uses a normative legal research method by reviewing the data obtained, and the nature of the research is descriptive by providing a clear and detailed description of the application of Article 82 of Law Number 35 of 2014 concerning Child Protection. The application of Article 82 of Law Number 35 of 2014 concerning Child Protection in Case Number 174/Pid.Sus/2019/PN.Tlk is carried out based on legal facts and based on statements of witnesses, statements of defendants, and results of laboratory examinations (evidence). Visum) as well as evidence, and determined to violate the criminal provisions of Article 82 Paragraph (1) in conjunction with Article 76 E of the Law of the Republic of Indonesia Number 35 of 2014. Juridical considerations relating to the identity of the defendant, the mass of detention, the files entered in the trial , witness statements, descriptions of prosecutors' demands, descriptions of indictments, suitability of evidence, results of evidence, pledoi. Statement of guilt, mitigating and aggravating considerations, provisions of the Act and the Criminal Procedure Code. The non-juridical considerations are seen in points that aggravate or relieve the defendant in the form of: background of action, condition of the defendant, religion of the defendant and the consequences of the defendant's actions, as well as other matters including criminal acts committed by the defendant.