Juridical Analysis of the Padang Pariaman District Court Decision Number 18/Pid.Sus-Anak/2018/PN.Pmn Regarding Children as Victims of Sexual Violence: Analisa Yuridis Putusan Pengadilan Negeri Padang Pariaman Nomor 18/Pid.Sus-Anak/2018/PN.Pmn Tentang Perlindungan Hukum Terhadap Anak Sebagai Korban Tindak Pidana Kekerasan Seksual
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UMSIDA Preprints Server
Abstract
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Sexual violence in Indonesia has increased every year, both for children and adults. The purpose of this study is to analyze the decision of the Padang Pariaman District Court No.18/pid.sus- anak/2018/pn.pmn regarding legal protection for children as victims of sexual violence. About the legal topic of juridical analysis of decision Padang Pariaman District Court No.18/pid.sus-anak/2018/pn.pmn regarding legal protection of children as victims of criminal acts of sexual violence. This research uses a normative juridical method a case approach. The results indicate that author doesn't agree with the judge's consideration in imposing a sentence on defendant because he didn't pay attention to Law No.35 of 2014 concerning Child Protection, which states that the minimum sentence is 5 years for perpetrators, while (one half) for child offenders in the Act. – Law No.11 of 2012 concerning the Juvenile Criminal Justice System. So that if sentenced to 1 year 4 months.
Keywords
Legal Protection, Children, Sexual Violence