Vonis Penjara oleh Hakim terhadap Kasus Pelecehan Seksual yang Dilakukan oleh Anak dalam Perspektif Keadilan Restoratif (Studi Kasus Putusan Nomor: 98/pid.sus-anak/2014/pn.sag)

Abstract

This thesis discusses prison sentences by judges against child sexual abuse cases in the perspective of restorative justice (case study Decision Number: 98/Pid.Sus-Anak/2014/PN.SGA). In addition it also has a purpose that is to disclose and analyze whether Decision Number: 98 / Pid.Sus-Anak/2014/PN.SAG has provided a sense of justice for victims, defendants and the community and the factors that judge consideration in making decisions against Cases of sexual harassment committed by the child. Through literature study using sociological juridical method with case approach, it is concluded that Judge's decision in defendant's case on behalf of Defendant SEBRI AMANDA SAPUTRA Alias SEBRI Bin PARIJAN, who was charged with Article 82 of Law Number 23 Year 2002 regarding Protection The child does not provide justice for the victim, the community and the defendant, even the Judge's decision in the a quo case ignores the best interest of the child for not applying the restorative justice approach. Factors to be considered The judge did not apply the approach of restorative justice in the Judge's Decision on the defendant on behalf of SEBRI AMANDA SAPUTRA Alias SEBRI Bin Parijan, are: (a) victims are still under age and classified as children, so the defendant's actions are found guilty; (B) the rule of law must be kept in mind and precedence and can not be disregarded, unless there is an exception justified by law; And (c) the peace made between the Defendant, the victim and the community (the family) is merely a lightening reason to reduce the sentence imposed. In bringing down the verdict, the Panel of Judges encounters obstacles or obstacles in the form of: (a) The existence of conflict of conscience in giving legal consideration to a quo case because the defendant is still small and in school age; and (b) At the time of the criminal act, the enactment of Law Number 11 Year 2012 on the Criminal Justice System of the Child has resulted in the judge referring to Law Number 23 Year 2002 regarding Child Protection, although in reality it does not provide a sense of justice for the Defendant. In other words, the Judge who decides the a quo case is more concerned with the rules of positivism