Dasar Pertimbangan Hakim terhadap Kekuatan Kesaksian Anak Dibawah Umur dalam Pembuktian Tindak Pidana Pemerkosaan (Studi Putusan Pengadilan Negeri Sibolga No.39/PID.SUS/2016/PN SBG.)

Abstract

Children are the future and future generations of the nation who have limitations in understanding and protecting themselves from the various influences of the existing system. Sexual violence against children often occurs, so that it has an impact on the child's physical and psychological, which can be carried over until the child is an adult and can interfere with the child's growth and development. Information on children as victims can be used in proving a crime. The formulation of the problem in writing this thesis is regarding the legal regulation of the position of the child as a witness to the victim in a crime, the strength of the testimony of the child as a victim in proving a crime, and the basis for judge's consideration in imposing a crime by considering the testimony of the child as a victim in the decision No.39/Pid.Sus/2016/PN Sbg. The method used in this study is a normative juridical research with the nature of the research used is descriptive analysis, and using qualitative data analysis using library data collection techniques. The results of this study found that the position of the child as a witness in a criminal case has been legally recognized in the Criminal Procedure Code, but the testimony of the child witness cannot be accounted for in criminal law in accordance with the provisions of Article 160 Paragraph (3) of the Criminal Procedure Code, Article 185 paragraph (7) of the Criminal Procedure Code, and Article 184 KUHAP. It can be said that the strength of the child's statement does not have strong evidentiary power to determine the defendant has committed a crime, but rather as a reinforcement of the judge's conviction. Judges' considerations on sentencing decisions are generally used by judges as instructions and reinforcement of other legal evidence based on adjustments and linkages with evidence and facts that occurred at trial, which are then used as reinforcement of the judge's belief and as consideration in imposing sentencing sentences. In giving the sentencing decision in the decision file Number 39./Pid.Sus/2016/PN Sbg, the statement of the child as a victim witness added to the conviction of the Panel of Judges.