PERTIMBANGAN HAKIM DALAM PENJATUHKAN PUTUSAN PIDANA BERSYARAT TERHADAP KASUS KEKERASAN ANAK (Studi terhadap: Putusan Nomor 344/Pd.Sus/2020/PN Mgl)

Leunupun, Mario Stevan (2023) PERTIMBANGAN HAKIM DALAM PENJATUHKAN PUTUSAN PIDANA BERSYARAT TERHADAP KASUS KEKERASAN ANAK (Studi terhadap: Putusan Nomor 344/Pd.Sus/2020/PN Mgl). S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

One of the cases of violence against children that occurred in Indonesia was the case that befell a child named Machmud Rifai Mustofa. Article 80 paragraph (1) Jo. Article 76C UUPA stipulates that anyone who commits violence against children shall be punished with imprisonment for a maximum of 3 (three) years and 6 (six) months and/or a maximum fine of Rp. 72,000,000.00 (seventy-two million rupiah), but in the judge's decision at the Menggala District Court Number 344/Pid.Sus/2020/PN Mgl the defendant was given a conditional sentence so that the convict did not serve his sentence in prison. This study uses a type of normative research with secondary data sources. The results of the research that have been obtained are that the legal considerations used by the judge in imposing a conditional sentence are because the defendant is sentenced to imprisonment for 6 (six) months and this provides an opportunity for the defendant to be sentenced to conditional punishment as referred to in Article 14 letter a paragraph (1 ). from the Criminal Code. The imposition of a conditional sentence by the panel of judges was also based on a request for leniency from the defendant and mitigating circumstances during the trial. The author also believes that the conditional criminal verdict handed down by the panel of judges is not fully in accordance with the principles of child protection as stipulated in Article 2 of the UUPA. This is because there are no special conditions given by the panel of judges in imposing conditional criminal decisions.

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