Analisis Perbedaan Penerapan Peraturan Hukum Pidana Oleh Hakim Dalam Tindak Pidana Perkosaan (Studi Putusan Nomor 91/Pid.Sus/2022/PN Nga dan Putusan Nomor 43/Pid.Sus/2024/PN Sru)

Abstract

The provisions regarding the criminal offense of rape are not only stipulated in the Criminal Code but are also included in Law No. 12 of 2022 on Sexual Violence Crimes. In the rulings numbered 91/Pid.Sus/2022/PN Nga and 43/Pid.Sus/2024/PN Sru regarding criminal offenses of rape, there are differences in the application of criminal regulations by judges. The focus of the research lies in the selection of legal bases between the Criminal Code and Law No. 12 of 2022 on Sexual Violence Crimes, as well as the application of the principle of lex specialis derogat legi generali. The research method used is a normative legal approach and analysis of court decisions. The research results show that the judge in Decision No. 91/Pid.Sus/2022/PN Nga applied Law No. 12 of 2022 on Sexual Violence Crimes as a special rule due to the relevance of the element of exploiting the victim's vulnerability, while in Decision No. 43/Pid.Sus/2024/PN Sru, the judge chose Article 285 of the Criminal Code because the element of violence aligns with the trial facts. This difference is influenced by the characteristics of the victim, the proven elements of the offense, as well as the legal and non-legal considerations made by the judge. This study emphasizes the importance of understanding and consistency in the application of the principle of lex specialis derogat legi generali to ensure optimal legal protection for victims and substantive justice in rape cases.