Pertanggungjawaban Pidana Anak Pelaku Pemerkosaan (Studi Putusan Nomor 10/Pid.Sus- Anak/2023/ PN Mjk.)
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Institusion
Universitas Muhammadiyah Surakarta
Author
Puspitasari, Tiara
, Hanifah Febriani, S.H., LL.M
, Hanifah Febriani, S.H., LL.M
Subject
Hukum Pidana
Datestamp
2025-03-17 07:37:47
Abstract :
Rape is an act that is very against the law and norms in society, rape is not only committed by adults, but can also be committed by children. This study is to examine the criminal liability of child perpetrators of rape in decision Number 10 / Pid. Sus- Anak / 2023 / PN Mjk. The purpose of the study is to: 1) understand the criminal liability of child perpetrators according to the law on the judicial system in Indonesia, 2) understand the criminal liability of child perpetrators of rape according to Islamic law, 3) understand the criminal liability of child perpetrators of rape in decision number 10 / pid. sus- anak / 2023 / pn mjk. Normative law with a case study approach is used in this research method. In this study, it is concluded that the punishment of children according to the SPPA Law, the sentence imposed on underage child perpetrators who commit crimes is a maximum of ½ of the maximum prison sentence for adults, and in the Child Protection Law the criminal sanctions imposed are higher. However, this law is not effective if the perpetrator of the crime is a child, so in the decision the judge only imposes a correctional sentence and a fine. In Islamic law, the criminal sanction for rape is classified as a ta'zir crime, namely the punishment given to perpetrators of crimes that violate religious orders and prohibitions, except in the category of hudud and expiation.
Rape is an act that is very against the law and norms in society, rape is not only committed by adults, but can also be committed by children. This study is to examine the criminal liability of child perpetrators of rape in decision Number 10 / Pid. Sus- Anak / 2023 / PN Mjk. The purpose of the study is to: 1) understand the criminal liability of child perpetrators according to the law on the judicial system in Indonesia, 2) understand the criminal liability of child perpetrators of rape according to Islamic law, 3) understand the criminal liability of child perpetrators of rape in decision number 10 / pid. sus- anak / 2023 / pn mjk. Normative law with a case study approach is used in this research method. In this study, it is concluded that the punishment of children according to the SPPA Law, the sentence imposed on underage child perpetrators who commit crimes is a maximum of ½ of the maximum prison sentence for adults, and in the Child Protection Law the criminal sanctions imposed are higher. However, this law is not effective if the perpetrator of the crime is a child, so in the decision the judge only imposes a correctional sentence and a fine. In Islamic law, the criminal sanction for rape is classified as a ta'zir crime, namely the punishment given to perpetrators of crimes that violate religious orders and prohibitions, except in the category of hudud and expiation.
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