PENERAPAN SANKSI PIDANA TERHADAP ANAK SEBAGAI PELAKU PERCOBAAN PEMERKOSAAN (Studi Kasus Nomor: 215/Pid.Sus-Anak/2014/PN.Yyk)

SITORUS, TALENTA (2019) PENERAPAN SANKSI PIDANA TERHADAP ANAK SEBAGAI PELAKU PERCOBAAN PEMERKOSAAN (Studi Kasus Nomor: 215/Pid.Sus-Anak/2014/PN.Yyk). S1 thesis, UAJY.

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Abstract

This thesis is titled “ The Implementation of Criminal Sanctions to Child as Perpetrators of Attempted Rape (Case Verdict No.215/Pid.Sus-Anak/2014/PN.Yyk). This research aims are to find out what factors caused the children to conduct a perpetrating rape and a how the judge considers the underage rape perpetrators. This type of research is normative research that focuses on positive law. The datas in this research were collected by literature studies and interviewing methods that in use deductive thinking methods to draw clonclusion. The results showed that the perpetrators carried out an attempted rape because of the influences of mass media such as films and pornographic images so that the children imitate it. The inability of the perpetrators to control their emotions and sexual desires that supported by lonely environmental conditions also make the perpetrators were more courageous in their actions. Judge will consider matters that are burdensome or mitigating while decide a case. The judge’s judgment which incriminating is that the perpetrator’s actions are considered disturbing and traumatizing the victim’s witnesses, while mitigating considerations are the awareness ofthe him prepetrators to regret his actions andhis parents still accept him to be fostered. The realization of legal protection for children offerends is governed by certain conditions and distinguished from sanctions for rape by adults.

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