CD Skripsi
Tuntutan Pidana Mati Bagi Pelaku Kekerasan Seksual Terhadap Anak Berdasarakan Undang-UndangNomor 35 Tahun 2014 Tentang Perlindungan Anak (Studi Putusan Nomor 989/PID.SUS/2021/PN BDG
Children are the next generation of human life and the continuity of national and state life. For this reason, it is important for the state to realize its welfare by providing guarantees for the fulfillment of its rights so that every child has the widest possible opportunity to grow and develop optimally, both physically, mentally and socially. Public Prosecutor to charge defendant Herry Wirawan with the death penalty in case number 989/Pid.Sus/2021/Pn Bdg. The defendant Herry Wirawan was charged with committing criminal acts of sexual violence against 13 students at the Al Zaytun Islamic Boarding School in Indramayu, West Java. The defendant is suspected of carrying out these acts from 2017 to 2020 by giving drugs to the victims before raping them.
This type of normative legal research is based on legal principles. Collecting normative legal research data uses data collection techniques using library research. In drawing conclusions, the author uses a deductive thinking method, namely a way of thinking that draws conclusions from a general statement or proposition to a specific statement.
Based on the results of the research and discussion, it can be concluded. Firstly, in the context of the theory of relative criminal objectives, the death penalty can be viewed from two perspectives, namely prevention and retribution. Prevention is the aim of punishment which aims to prevent criminal acts from occurring in the future, either by the perpetrator or by other people. Second, the death penalty should be demanded for perpetrators of sexual violence against children (Study Decision Number 989 /Pid.Sus/2021/PN Bdg). Must refer to the indictment. The indictment is the basis and reference as well as the limitations in proving, prosecuting and deciding a criminal case as specified in Article 182 of the Criminal Procedure Code in paragraph (1). Criminal charges must meet formal and material requirements, namely they must be based on an indictment. lawful, must be in accordance with the facts revealed in the trial, and must take into account the principles of justice and humanity, so that the public prosecutor does not exceed his authority in prosecuting the defendant.
Keywords: Charges, Death Penalty, Sexual Violence Against Children, Child Protection Law, Decision Number 989/PID.SUS/2021/PN BDG.
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