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TINJAUAN YURIDIS TINDAK PIDANA PENCABULAN TERHADAP ANAK (STUDI KASUS NOMOR : 2121/PID.SUS/2022/PN.TNG)
Criminal acts of molestation against children still occur frequently, not infrequently the perpetrators are teachers and educators. The Tangerang District Court Decision Number 2121/Pid.Sus/2022 is a verdict on the crime of molestation against students at Islamic boarding schools. The purpose of this study is to find out the basis for the judge's consideration in issuing a verdict, as well as to find out the criminalization of the perpetrators of the crime of molestation against children in the decision of case Number 2121/Pid.Sus/2022/PN. TNG. by using the theory of ratio decidendi and the purpose of punishment. The research method used in this study uses a normative juridical method, then the data collection technique uses literature studies derived from primary data, namely the Tangerang District Court Decision Number 2121/Pid.Sus/2022 and other reading sources related to the problem being studied. The results of the study show that the judge's mitigating considerations in imposing a verdict are based on non-juridical considerations, namely the defendant has never been convicted, the defendant is still young and is expected to improve his behavior, and the defendant has just raised a family. The judge sentenced him to 5 (five) years and 6 (six) months in prison and a fine of Rp.200,000,000.00 (two hundred million rupiah). The purpose of punishment is based on a combined theory that is present to perfect the previous theories, this punishment does not provide a deterrent effect to the perpetrator and does not provide protection to the community.
ILMU HUKUM, UNIVERSITAS SULTAN AGENG TIRTAYASA
TINJAUAN YURIDIS TINDAK PIDANA PENCABULAN TERHADAP ANAK (STUDI KASUS NOMOR : 2121/PID.SUS/2022/PN.TNG) (Text)
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