Analyze Application of Criminal Law on Rape Against Biological Children

Abstract

The purpose of this study is as follows: to find out and analyze application of criminal law on rape against biological children. To know and analyze the basis for the judge's consideration of imposing criminal sanctions on perpetrators of raping their biological children. This research used empirical juridical approach and the specifications in this study are descriptive analytical. The data collection technique is done by means of literature study. The data analysis method used in analyzing in this research is descriptive qualitative. Based on the results of the study that application of Criminal Law on Rape of Biological Children shows that because of his act of raping his biological child, he was charged with Article 81 of the Act No. 17 of 2016 concerning Stipulation of Government Regulation in Lieu of Act No. 1 of 2016 concerning Child Protection. Judges who have applied criminal sanctions based on Article 81 paragraph (3) of the Child Protection Act, the criminal sanctions are more severe considering the additional criminal sanctions of 1/3 of the criminal threat because the perpetrator of rape is the father of his own biological child.The Judge's Basis for Imposing Criminal Sanctions Against Perpetrators of Rape Against Biological ChildrenisThe panel of judges has many considerations that are revealed in the trial and are included in the case decision file. Apart from being the victim's biological child, the panel of judges also considered the condition of the victim's child as a result of the defendant's actions. These are things that are burdensome for the defendant, but in this case the panel of judges also has considerations that can relieve the defendant, including the existence of a confession (not covering up legal facts), regret for the actions committed, and the defendant has never been convicted.