CRIMINAL LIABILITY OF PERPETRATORS OF SEXUAL INTERCOURSE WITH VIOLENCE AGAINST CHILDREN

Abstract

This research seeks to investigate the legal foundations for the criminal responsibility of individuals who engage in violent sexual acts against children, as well as analyze the reasoning behind judicial considerations for sentencing in Decision Number 10/Pid.Sus/2023/PN Gdt. The methodology employed in this study is normative legal research, utilizing data gathered through literature review, encompassing primary and secondary legal resources. The findings indicate that the defendant was legally and convincingly found guilty of committing sexual intercourse with violence against his child, who was 9 years old and became pregnant as a result. This action met the criteria outlined in Article 81 paragraph (3) in conjunction with Article 76D of Law Number 17 of 2016 regarding Child Protection. In delivering the verdict, the judges took into account the legal, philosophical, and sociological dimensions of the victim's circumstances, leading to the imposition of the maximum sentence of 20 years imprisonment and a fine of IDR 3,000,000,000.00, or an alternative of 3 months imprisonment. This research focuses on a single court ruling but provides valuable insights into development of criminal law, particularly in the application of penalties for offenders of child sexual violence. The originality of this research lies in its detailed examination of the judges rationale for imposing the maximum penalty on the perpetrator, who is also the biological father of the victim, as an effort to achieve justice and strengthen legal protection for child victims of sexual violence.