Penjatuhan Pidana Bersyarat Pada Tenaga Medis Pelaku Tindak Pidana Kekerasan Seksual Berdasarkan Keadilan Restoratif (Analisis Putusan Nomor 919/Pid.B/2024/PN Plg

Abstract

Crime develops in line with the development of technology and information. One of the crimes that often occurs in society is sexual violence. Sexual violence is a significant and complex problem in the entire map of violence against women and children. Sexual violence will cause harm to victims, both psychological, physical, and social losses. The formulation of the problem discussed in this study includes: 1. How are regulations related to the crime of sexual violence according to Indonesian criminal law; 2. How is the resolution of criminal cases through restorative justice and the influence of restorative justice on judges' decisions in sentencing perpetrators of criminal acts; 3. How are judges' considerations in sentencing perpetrators of sexual violence based on restorative justice in Decision Number 919/Pid.B/2024/PN Plg. The research method used in this study is normative legal research. The data used in this study is secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The crime of sexual violence is specifically regulated in the Law on the Crime of Sexual Violence, the regulation of the crime of sexual violence can also be seen in the Criminal Code, the Law on the Elimination of Domestic Violence, the Law on Child Protection, and the Law on the Elimination of Human Trafficking. The components of criminal justice consist of the investigation stage, the prosecution stage, the court examination stage and the execution stage. The settlement of restorative justice at the investigation stage is regulated in Circular Letter Number 8/VII/2018, Police Regulation No. 6 of 2019, and Police Regulation No. 8 of 2021. At the prosecution stage it is regulated in Regulation No. 15 of 2020 and at the court examination stage restorative justice is regulated in Supreme Court Regulation No. 1 of 2024. The regulation of the restorative justice mechanism can also be seen in the Law on the Juvenile Criminal Justice System. In Decision Number 919/Pid.B/2024/PN Plg that there is peace between the victim and the defendant that takes place outside the criminal justice system. The judge used the peace as a consideration in sentencing the defendant based on Article 19 paragraph (1) of Supreme Court Regulation No. 1 of 2024 concerning Guidelines for Adjudicating Criminal Cases Based on Restorative Justice. So that in the verdict, the Panel of Judges sentenced the defendant to a conditional sentence, namely a prison sentence of 5 (five) months.