ANALISIS YURIDIS TERHADAP TINDAK PIDANA PENGANIAYAAN TERHADAP ANAK YANG DILAKUKAN ORANG DEWASA ( Studi Kasus Putusan Nomor 199/Pid.Sus/2019/PN Pbr )

Abstract

Children are basically a mandate and gift from God Almighty in which the dignity and worth of the whole human being is inherent. In addition, children are buds, potentials and the younger generation who will succeed the ideals of the nation's struggle, have a strategic role, special characteristics and characteristics that ensure the continuity of the existence of the Nation and the State in the future. nation in the future, the next generation of the nation's ideals, so that every child has the right to survive, grow, and develop, participate and have the right to protection from acts of violence and discrimination as well as civil rights and freedoms. This study aims to find out how the application of criminal law to perpetrators of criminal acts of child abuse by adults is carried out Case Study Decision Number: 199/pid.sus/2019/PN. Pbr. What is the basis for the judge's consideration in imposing a crime against perpetrators of child abuse by adults. Case Study Decision Number: 199/pid.sus/2019/PN. Pbr. The research method used is normative research, while in terms of its nature it is descriptive analytical. The data and data sources used are secondary data, primary legal materials, Pekanbaru District Court Decision Number: 199/pid.sus/2019/PN. Pbr and secondary legal materials from references, such as applicable laws and regulations with descriptive qualitative analysis methods. Based on this research, the results obtained that the results of this study indicate that the application of the law in the decision Number: 199/pid.sus/2019/PN. Pbr has fulfilled the element of offense, both the element of action and the element of responsibility or maker, and has been proven guilty under the law by getting a punishment that is commensurate with his actions. The judge's consideration in making the decision has seen from all perspectives of different aspects so that the decision is in accordance with fairness and based on humanity and applicable law, namely that the defendant must be responsible for his actions in accordance with the decision handed down by the Panel of Judges.