CD Skripsi

Analisis Yuridis Penghentian Penyidikan Kasus Persetubuhan Pada Anak Dalam Keluarga Dengan Alasan Mediasi Berdasarkan Hukum Pidana Indonesia

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ABSTRACT
One form of crime that occurs in the community, namely sexual
intercourse is regulated in the Criminal Code, namely Article 287 of the Criminal
Code. Furthermore, the crime of sexual intercourse occurring in the family
environment involving children as victims is known as cases of sexual intercourse
with children in the family as regulated in Article 76 D and 76 E of Law Number
35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child
Protection. Cases of sexual intercourse in the family are often not processed
legally, one of which is the termination of the investigation or called SP-3 by the
police due to mediation. Termination of the investigation on the grounds of
mediation is not regulated in Article 109 paragraph (2) of the Criminal Procedure
Code. Mediation is regulated at the level under the Act, namely in the Letter of
the Chief of Police No. Pol: B/3022/XII/2009/SDEOPS dated December 14, 2009
regarding Case handling through Alternative Dispute Resolution (ADR) (police
chief's letter 8/2009).Mediation arrangements in the police only apply to cases
that cause small material losses and minor crimes, while cases of sexual
intercourse with children in the family are ordinary offenses that cannot be
resolved by mediation. The case was a serious crime and suffered considerable
losses both physically and psychologically.
This research will be structured using the type of normative juridical
research, namely research that is focused on examining the application of legal
rules or norms to legal principles and theories. The data collection technique
used in this research is literature study. The approach used in this research is to
use a normative approach, namely library law research.
The results of the research conducted by the author are first, the
provisions of the criminal law of mediation on the crime of sexual intercourse
with children in the family are not regulated in Indonesian criminal law. based on
the benchmark and scope of the case, it cannot be resolved by mediation. Second,
the termination of the investigation of cases of sexual intercourse with children in
the family on the grounds of mediation based on Indonesian criminal law in
accordance with Article 109 paragraph (2) of the Criminal Procedure Code
cannot be carried out because the Criminal Procedure Code has limited the
reasons for the termination of the investigation. Even though the victim has made
peace, the investigator is still obliged to process the case. The amicable
agreement is only used as a consideration by the Prosecutor to reduce the
maximum amount of his demands and the judge's consideration to reduce the
sentence in the trial process in court.
Keywords: Termination of Investigation - Sexual intercourse with children in
the family – mediation

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 122 (0001)

Penerbit

Pekanbaru : Universitas Riau – Fakultas HUKUM – HUKUM PIDANA., 2022

Deskripsi Fisik

ix, 79 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 122 (0001)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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