Penerapan PERMA Nomor 3 Tahun 2017 sebagai Pertimbangan Hakim dalam Pemidanaan Perempuan Pelaku Tindak Pidana (Analisis Putusan Nomor 642/Pid.B/2021/PN.Ptk dan Putusan Nomor 308/Pid/2021/PT.Ptk)

Abstract

PERMA 3 of 2017 concerning Guidelines for Adjudicating Cases of Women Against the Law by the panel of judges is an internal legal product of the Supreme Court which specifically regulates judges in examining cases of women against the law. PERMA 3 of 2017 is a form of protection for women that was previously guaranteed in Law Number 7 of 1984 concerning the Ratification ofthe Convention Concerning the Elimination of All Forms of Discrimination Against Women (CEDAW) The problems raised in this thesis are how the purpose of punishment and judges' guidelines in sentencing criminal offenders, how the protection of women criminal offenders in the Indonesian criminal justice system, and how the application of PERMA Number 3 of 2017 as a consideration of Judges in Sentencing Criminal Offenders in Decision Number: 642/Pid.B/2021/PN.Ptk and Decision Number: 308/Pid/2021/PT.Ptk. The research method used in this thesis is a normative legal research method, namely secondary data collection in the form of primary legal materials and secondary legal materials through literature studies. The results of the research show that the purpose of punishment in its imposition is to provide justice for everyone. Factors that are taken into consideration by judges in sentencing must be based on the sentencing guidelines stipulated in Article 54 paragraph (1) letter a to letter j of Law Number 1 of 2023 concerning the Criminal Code. Women as perpetrators of criminal acts in the criminalization process are protected by law, namely at the level of investigation and investigation regulated in the Regulation of the Chief of Police (PERKAP), at the level of investigation in the prosecutor's office there are Prosecutor's Guidelines, at the court level regulated in the Supreme Court Regulation (PERMA), and at the correctional stage there is the Correctional Act, as well as its implementing regulations. PERMA Number 3 of 2017 concerning Guidelines for Adjudicating Cases of Women Against the Law was applied in the appeal decision Number: 308/Pid/2021/PT.Ptk, where the defendant was a woman. The appeal decision lightened the defendant's sentence, namely reducing the prison term by 3 months. The reduction of imprisonment is appropriate to protect the rights of the defendant who is a widow and elderly.