TINJAUAN YURIDIS TINDAK PIDANA PENCABULAN MEMBUJUK TERHADAP ANAK (Suatu Studi Di Polres Kabupaten Bombana)

Abstract

This study aims: 1) To find out and understand the application of material criminal law to the crime of child molestation. 2) To find out and understand the Judge's Considerations in imposing Criminal Sanctions for the crime of child molestation. In conducting research related to the object to be studied, the researcher chose the research location at the Bombana Regency Police. The method of writing data in accordance with legal research in a descriptive manner is to use qualitative analysis, which is a data analysis that reveals and takes the truth from the literature, namely by combining information with that obtained from legislation, regulations and scientific writings related to this title. The research was analyzed qualitatively so that conclusions could be properly understood. The results of this study indicate that: 1) The application of material criminal law by the Panel of Judges who applied Article 81 Paragraph (2) of Law Number 35 of 2014 concerning Child Protection and Article 82 of Law Number 35 of 2014 concerning Child Protection because the victim is a child and the basis for its application is the principle of lex specialis. 2) The legal considerations of the panel of judges in imposing criminal sanctions on the defendant were not yet appropriate because the punishment imposed on the defendant still contained shortcomings that were not in accordance with his actions, thus causing mental and sociological damage to the child.