PERTANGGUNG JAWABAN TINDAK PIDANA KEKERASAN SEKSUAL TERHADAP ANAK YANG DILAKUKAN OLEH OKNUM GURU PUTUSAN NOMOR: 305/Pid.Sus/2017/PN.SKY

JUNAIDI, JUNAIDI and Nashriana, Nashriana and Hasan, Kn. Sofyan (2020) PERTANGGUNG JAWABAN TINDAK PIDANA KEKERASAN SEKSUAL TERHADAP ANAK YANG DILAKUKAN OLEH OKNUM GURU PUTUSAN NOMOR: 305/Pid.Sus/2017/PN.SKY. Master thesis, sriwijaya university.

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Abstract

Sexual violence is not new to the public, especially at this time sexual violence is not only aimed at adults but also children, in case Number: 305 / Pid.Sus / 2017 / PN Sky, namely someone who is an educator or Teachers should give good example and dignity to their students, on the other hand, what Al (58), a resident of Babat Toman Subdistrict, Musi Banyuasin District, who works as an elementary school teacher, commits inappropriate actions by committing sexual harassment. Therefore, the problem is what is the basis for the legal consideration of court judges in imposing sentences against individual teachers in Decision Number: 305 / Pid.Sus / 2017 / PN.SKY ?, What is the criminal responsibility of perpetrators of sexual violence against children committed by unscrupulous teachers and How is the ideal protection of children who are victims of sexual violence through law enforcement or criminal responsibility towards the perpetrator? The research used in this thesis is Normative Research or research that examines the study of documents, such as laws and regulations, court decisions, legal theory, and it can be in the form of scholars' opinions. Judges considerations in imposing criminal sanctions on perpetrators of sexual violence crime number: 305 / Pid.Sus / 2017 / PN.SKY, Judges use judicial and non-judicial considerations. Juridical considerations, namely the facts that are proven in the trial, while non-juridical considerations are that the defendant has never been convicted, the defendant is polite in court, the defendant is elderly and is suffering from disease complications. The defendant has been legally and convincingly proven guilty of committing a criminal act which is regulated and threatened in Article 76E in conjunction with Article 82 paragraph (2) of Law Number 35 of 2014 Concerning Child Protection and carrying out body imprisonment for 5 (five) More years. Protection of child victims of sexual violence who have long-term trauma, which is the right for children to obtain legal protection for victims of sexual violence crimes, namely providing legal assistance, rehabilitation and prevention as well as joint roles between the Government, parents and the community to protect children's welfare and safety.

Item Type: Thesis (Master)
Uncontrolled Keywords: Accountability, Sexual Violence, Children
Subjects: K Law > K Law (General) > K100-103 Legal education
K Law > K Law (General) > K5015.4-5350 Criminal law
Divisions: 02-Faculty of Law > 74101-Law (S2)
Depositing User: Users 7784 not found.
Date Deposited: 08 Sep 2020 04:12
Last Modified: 08 Sep 2020 04:12
URI: http://repository.unsri.ac.id/id/eprint/34673

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