Juridical Review of The Implementation of Criminal Penalties for Acts of Child Sexual Violence (Case Study Decision Number 989/Pid.sus/2021/PN Bdg Junctis 86/Pid.sus/2022/PT Bdg, 5642K/Pid.sus/2022)

Abstrak

Indonesia is a legal country that protects all the rights of its people, including children's human rights. Protection of children is of concern to the government because of the increasing number of cases of violence against children, especially cases of sexual violence against children. In this case the author examines the implementation of regulations related to child protection, especially in handling cases of sexual violence against children in judges' decisions, using normative juridical methods the author examines judges' considerations in decisions of the Bandung District Court, Bandung High Court and Supreme Court. In the author's view, there is a disparity in the decisions of the District Court and the High Court and the Supreme Court. Judges must consider the substance of the legal objectives, namely justice, expediency and legal certainty. When making decisions, we don't just look at one statutory provision but also look at other legal provisions that are still relevant, and also look from the perspective of the victim, perpetrator and the wider community.