CRIMINAL LIABILITY OF PERPETRATORS OF RAPE BASED ON THE LAW ON SEXUAL VIOLENCE

Abstract

This study aims to analyse criminal liability for perpetrators of rape based on Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, with a case study of the Serang District Court decision Number 492/Pid.Sus/2024/PN SRG. This study uses a normative juridical method with a case study approach to court decisions. Data was obtained from official documents of the Serang District Court decision and Law Number 12 of 2022. The results of the study show that the defendant was found legally and convincingly guilty of rape as stipulated in Article 6 Letter c of Law Number 12 of 2022. The judge sentenced the defendant to 9 months' imprisonment and a fine of IDR 10,000,000.00, or a subsidiary 2 months' imprisonment. The judge's considerations took into account the element of justice by assessing aggravating and mitigating factors. This study focused on examining the basis of the judge's considerations in imposing the sentence and its relevance to the principle of victim protection. This study contributes to the development of criminal law, particularly in understanding the application of the principle of criminal responsibility in sexual violence cases. These findings are expected to be useful for legal practitioners, academics, and law enforcement agencies in strengthening the protection of victims of sexual violence. The novelty of this study is its analysis of the application of one form of Sexual Violence Crime in Article 6 Letter c of Law Number 12 of 2022.