Analisis Yuridis terhadap Pelaku Tindak Pidana Penganiayaan Anak (Studi Putusan: Nomor 2561/Pid.Sus/2022/PN Mdn)

Abstract

Violence against children often results in significant material and immaterial harm, including emotional and psychological trauma. One such case of child abuse is documented in the court ruling No. 2561/Pid.Sus/2022/PN Mdn, where the defendant, M. Syafri alias Muhammad Saprik alias Saprik, committed violence against a child, Abdan Yolanda Lubis, resulting in a laceration on the child's left ring finger, causing it to bleed. The defendant was sentenced to 2 years in prison. According to Law No. 23 of 2022 on Child Protection, perpetrators of child abuse cannot be detained because Article 80 paragraph (1) only imposes a maximum penalty of 3 years and 6 months for child abuse. The methodology used in this thesis is normative juridical research with a descriptive-analytical nature. The study employs a statute approach and a case study approach. The data sources include secondary data comprising primary, secondary, and tertiary legal materials related to the issues studied, and the data will be analyzed using a deductive conclusion method. The results of the study indicate that the legal regulation for the detention of perpetrators of child abuse causing injury is governed by Article 76C of Law No. 35 of 2014 on Child Protection, which states that no one shall place, leave, commit, order to commit, or participate in violence against children. Legal protection for children as victims of abuse includes preventive legal protection through law enforcement by authorities by imposing legal sanctions and repressive legal protection by preventing the occurrence of violence/crime through socialization to children and related government agencies regarding child protection. An analysis of the court ruling in criminal case No. 2561/Pid.Sus/2022/PN Mdn reveals that the sentence given by the Medan District Court Judges to the defendant, M. Syafri alias Muhammad Saprik alias Saprik, was too lenient and did not reflect the severity of the harm experienced by the victim. The Public Prosecutor's demands and the Judges' verdict did not impose the maximum punishment and fines stipulated in Article 80 paragraph (1) jo Article 76C of Law No. 35 of 2014 on the Amendment to Law No. 23 of 2002 on Child Protection, which prescribes a prison sentence of 3 years and 6 months and/or a maximum fine of Rp. 72,000,000.00 (seventy-two million rupiahs).