Legal Protection for Child Victims of the Crime of Rape in Decision Number 95 PID.SUS/2023/PN.CLP

Abstract

This research aims to determine and analyze the legal protection for child victims of criminal acts of rape in decision Number 95 Pid.Sus/2023/ PN.CLP and the judge's considerations in decision Number 95 Pid.Sus/2023/ PN.CLP in providing legal protection for children rape victim. Sociological juridical approach method, research specifications are analytical descriptive, the types of data used are primary data and secondary data. The data collection method is field study and literature study, while the data analysis method is qualitative analysis. The theories used are the theory of legal protection and the theory of justice. Based on the research results, it can be concluded that legal protection for child victims of the crime of rape in decision Number 95 Pid.Sus/2023/PN.CLP is realized by imposing a prison sentence of 7 years and a fine of 50 million rupiah subsidiary 6 months in prison is a form of legal protection that abstract for the victim by providing a sense of satisfaction because the perpetrator has been punished. The judge's considerations in decision Number 95 Pid.Sus/2023/PN.CLP in providing legal protection for child victims of rape are correct, where the judge has outlined considerations regarding the fulfillment of the elements of a criminal act in Article 81 paragraph (2) of the Child Protection Law , even though the perpetrator denied it, in its considerations the panel of judges was able to explain the results of its considerations through an analysis of the Visum Et Repertum. The judge has also considered aggravating and mitigating factors in the decision, where these considerations are used as reasons for the judge in handing down his decision.