TINJAUAN YURIDIS TINDAK PIDANA KEKERASAN SEKSUAL OLEH AYAH TIRI TERHADAP ANAK DI KABUPATEN KUANTAN SINGINGI (Studi Putusan Nomor 66/Pid.Sus/2022/PN Tlk)

Abstract

This study is grounded in the urgency of child protection as regulated in Law Number 17 of 2016 concerning the Enactment of Government Regulation in Lieu of Law Number 1 of 2016 on the Second Amendment to Law Number 23 of 2002 on Child Protection. The regulation emphasizes the importance of legal protection for children from all forms of violence, particularly sexual violence. This research examines the criminal act of sexual violence against a child committed by a stepfather, focusing on the perpetrator’s modus operandi and the judge’s considerations in Decision Number 66/Pid.Sus/2022/PN Tlk. The study employs a normative legal research method using statutory analysis, legal doctrine, and case study approaches to court decisions. The purpose of this research is to identify the perpetrator’s modus operandi and the judge’s considerations in determining the criminal sentence. The findings indicate that the perpetrator’s modus operandi involved the use of threats, emotional persuasion, and the exploitation of his position as a stepfather to manipulate the victim. The judge’s considerations in the decision include the sufficiency of evidence, the psychological impact experienced by the victim, and the position of the perpetrator as someone who should have protected the child. Therefore, an aggravated sentence was imposed to provide a deterrent effect. This research is expected to contribute to the development of criminal law, particularly in handling cases of sexual violence against children, as well as to support the optimal protection of children’s rights.