Perbuatan Berlanjut sebagai Dasar Pemberatan Pidana terhadap Tindak Pidana Persetubuhan Anak (Analisis Putusan Nomor: 413/Pid.Sus/2020/PN.Dum)

Abstract

The application of the law to perpetrators of child sexual intercourse deserves serious attention, especially since these acts are carried out continuously or continuously. Law enforcers in processing and deciding must be sure that the decision taken will be a strong basis for returning and providing legal protection for children as victims of the crime, so that acts of sexual intercourse do not recur. The formulation of the problem in this research is how to aggrandize the crime in the criminal act of intercourse against a child which is carried out continuously, how to apply the criminal elements in the act of continuing to the crime of child intercourse in Decision Number: 413/Pid.Sus/2020/PN.Dum, and how analysis of the judge's considerations in deciding the crime of continuing child intercourse based on Decision Number: 413/Pid.Sus/2020/PN.Dum. The research method used in this research is normative juridical research, which is supported by primary data sources and secondary data, and qualitative analysis is carried out. Article 473 paragraph (4) of Law Number 1 of 2023 regulates criminal penalties for the crime of sexual intercourse with a child which is carried out continuously. Perpetrators who force children to have sexual intercourse with violence or threats of violence can be subject to imprisonment for a minimum of 3 years and a maximum of 15 years. Legal decisions, such as Decision Number: 413/Pid.Sus/2020/PN.Dum, consider legal and social aspects, examine evidence and witnesses, and impose sanctions of 8 years in prison and a fine of Rp. 800,000,000,- as a deterrent effect and efforts to prevent perpetrators from committing similar acts in the future. The judge cannot impose sanctions under 5 years in prison in accordance with applicable legal provisions. All these considerations aim to create a sense of justice in society.