Analisis Yuridis dan Non-Yuridis Terhadap Putusan Hakim dalam Kasus Persetubuhan Anak

SAMARA, Finsensius (2025) Analisis Yuridis dan Non-Yuridis Terhadap Putusan Hakim dalam Kasus Persetubuhan Anak. Jurnal Hukum Terapan dan Inovasi Hukum, 7 (1). pp. 212-225. ISSN -

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Abstract

This research examines a case of child sexual intercourse that occurred in Malacca Regency, East Nusa Tenggara. The focus of the research is on the analysis of the judge's decision in handling the case of sexual intercourse committed by Nicolas Tae Muti Berek alias Muti (42 years old) against the victim Kristarina Chelsi Tey Seran alias Chelsi (14 years old). This incident took place on March 8, 2022 with the involvement of a third party as a facilitator. The research method used was normative juridical with a case approach. Primary data was obtained from court documents, including the Berita Acara Pemeriksaan (BAP), witness statements, and visum et repertum. The analysis was conducted by considering juridical and non-juridical aspects in accordance with Article 81 Paragraph (1) of Law No. 17 of 2016 concerning Child Protection and Article 56-2 of the Criminal Code. The results showed that the judge's decision was based on comprehensive considerations, including: (1) the fulfillment of the elements of the crime of child copulation, (2) the existence of strong evidence including visum et repertum and witness testimony, (3) aggravating factors in the form of psychological trauma to the victim and sexual exploitation, and (4) the social impact of the crime. This study recommends the need to strengthen legal protection for children and comprehensive rehabilitation for victims of sexual crimes.

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