Penegakan Hukum Terhadap Pelaku Anak Yang Memiliki Retardasi Mental pada Tindak Pidana Kekerasan Seksual pada Anak (Studi Kasus Putusan Nomor 88/Pid.Sus-Anak/2022/PN Mdn)

Abstract

A person with mental disabilities is someone who has mental and behavioral disorders, either congenital or acquired. The objective of this research is to examine law enforcement against child offenders with mental retardation in the cases of sexual violence on children, focusing on Decision Number 88/Pid.Sus-Anak/2022/PN Mdn. The research problems include: How is the legal regulation regarding child offenders with mental retardation in the criminal acts of sexual violence against children? What is the criminal liability for child offenders with mental retardation for crimes of sexual violence against children? And What arejudges considerations regarding child offenders with mental retardation in thecriminal act of sexual violence against children based on Decision Number 88/Pid.Sus-Anak/2022/PN Mdn?. This normative juridical research is conducted using Case study approach. Legal regulation related to child offenders with mental retardation in cases of child sexual violence are regulated by Law Number 18 of 2014 on Mental Health and regulation of the Minister of Health Number 77 of 2015 on Mental Health Examinations for the Benefit OF Law Enforcement. The aim of this regulation is to establish legal clarity and certainly and to ensure consistent within society, thereby preventing multiple interpretations or contradictions. However, in the context of criminal liability, as regulated in Article 44 of the Criminal Code, theoffender’s mental state, including their cognitive abilities and psychological condition, is frequently not fully taken into account. This can result in difficulty for the offender with mental retardation in comprehending the existing legal norms. Law enforcement against offender with mental retardation should take these factors into greater consideration to ensure fairness in the legal process. Consideration of judges against child offenders with mental retardation in the criminal acts of sexual violence against children in Decision Number 88/Pid.Sus-Anak/2022/PN Mdn, the panel of judges is found to have not thoroughly considered all the factors presesented during the trial in their verdict.