CD Skripsi

Analisis Hukum Dalam Putusan Mahkamah Agung Mengenai Pelecehan Seksual Terhadap Anak Dibawah Umur (Putusan Mahkamah Agung Nomor:865k/Pid.Sus/2013)

---

ABSTRACT
The development of science that affects the development of morality. The
behavior of people who are exhibitionistic makes residents nervous because they
violate the norms of decency, that is, they prefer minors who are seen as
inappropriate which can damage morals and can be traumatic. In the Supreme
Court Decision Number 865K / Pid.sus / 2013, there was a decision that acquitted
the exhibitionist defendant for sexual abuse of minors and was also proven to
have sexually assaulted by holding the child's genitals until their were blisters.
However, in the Supreme Court's decision, the Judge decided that the defendant
was free from all restrictions. The objectives of this thesis are; First, analysis of
legal juridical and theoretical perspectives in the Supreme Court decision
regarding sexual harassment of minors (Supreme Court Decision Number: 865k /
pid.sus / 2013, second, a form of accountability for criminal acts of sexual
harassment.
This type of research used in this research is Normative Law Research.
This study examines the problem according to the scope and system of the
problem through a statutory approach. In this research, the principle used is the
error principle, namely Monistic and Dualistic. Monistic view is a view that sees
conditions, the existence of a crime must include two things, namely the nature
and actions. Meanwhile, the dualistic view is one of criminal acts and criminal
liability.
From the research, there are two main points that can be rejected. First,
from a theoretical perspective, showing off must have the ability to be responsible.
Meanwhile, according to a juridical perspective, the Kebumen District Court
judges did not consider the Article 44 of the Criminal Code which stipulates that a
person who commits an act that cannot be accounted for cannot be convicted
because he is considered insane or considered insane. Not bothered by disease.
Second, in positive law in Indonesia, the form of criminal responsibility for
perpetrators of sexual harassment is in the form of imprisonment and fines. This is
stated in Articles 289 and 292 of the Criminal Code and Article 82 of Law
Number 35 of 2014 concerning Child Protection. Author's advice, First, it is
better for law enforcement officials and government agencies to add articles that
regulate the Child Protection Law. The law regarding criminal liability against
show-off criminals. Second, it is best if a judge in deciding a case of a criminal
act of decency must give punishment to the perpetrator for not regulating his
actions.
Keywords: Child-Sexual-Abuse

---

Ketersediaan

Informasi Detail

Judul Seri

-

No. Panggil

09 04. 120 (0213)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2020

Deskripsi Fisik

ix, 79 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

-

Klasifikasi

09 04. 120 (0213)

Tipe Isi

-

Tipe Media

-

Tipe Pembawa

-

Edisi

-

Subjek

HUKUM PIDANA

Info Detail Spesifik

-

Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

Komentar

---

Anda harus masuk sebelum memberikan komentar