ANALISIS PUTUSAN HAKIM TERHADAP TINDAK PIDANA PERSETUBUHAN PADA ANAK DI KABUPATEN KUANTAN SINGINGI (Studi Putusan Nomor 91/Pid.Sus/2024/PN Tlk)

Abstract

Indonesia is a country of law, where its government is based on the law. Sexual offenses against children are very serious crimes where the consequences of the crime not only cause physical harm but also mental and psychological harm, requiring a long time to recover from the trauma caused by the act. The problems in this study are: How do judges consider when imposing sentences for child sexual abuse in Kuantan Singingi Regency, and What is the modus operandi of perpetrators of child sexual abuse in Kuantan Singingi Regency? In this writing, the author uses the type of research, namely the normative research method, which is conducted thru literature studies, examining previous decisions or research. This research is then descriptive and analytical. Based on the research findings, it can be concluded that referring to the study conducted on Decision Number 91/Pid.Sus/2024/PN Tlk, in this case, the panel of judges has considered all existing legal elements related to this case. The judge also considered aggravating factors, including the perpetrator being the victim's stepfather, committing the act repeatedly, and the severe trauma suffered by the victim. The judge also considered other slightly mitigating factors, such as the defendant having already admitted to the act and not having been previously convicted. Imposition of Criminal Sanctions From here, the defendant was sentenced to 12 (twelve) years in prison and a fine of Rp1,000,000,000.00 (one billion), with a subsidiary of 3 (three) months in confinement. The modus operandi of perpetrators of sexual offenses against children in Kuantan Singingi Regency is: 1.) Seduction or enticement 2.) Giving gifts or money. 3.) Exploiting close relationships. 4.) Threats of violence. 5.) Utilizing digital media. 6.) Exploiting leisure time.