Death Penalty Imposition for Rape against Minors

Authors

  • Ni Gusti Agung Ayu Mas Tri Wulandari
  • Ibrahim R
  • I Dewa Made Suartha
  • Ida Bagus Surya Dharma Jaya

Abstract

The purpose of this research is to find out the basic consideration of Judges in imposing death penalty for perpetrators of rape against minor in Decision Number: 86/Pid.Sus/2022/PT Bdg. This is normative legal research using statutory, conceptual and case approaches. The study indicated that the basis for the judge's considerations in this decision are: a) Basic Sociological Considerations, that based on the facts that have been examined and which have been revealed in court; b) Basic Philosophical Considerations, that the basis for the judge's consideration is that the Judges believes that the actions of the defendant are proven to be included in the category of The Most Serious Crime and c) Basic Juridical Considerations, based on Article 81 paragraph (5) of Law Number 23 of 2002 concerning Child Protection as last amended by Law Number 17 of 2016 concerning Stipulation of Government Regulations Substitute for Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection to Become Law. With the threat of imprisonment for 20 (twenty) years, or life imprisonment or death penalty. Criminal sanctions imposed on perpetrators of child rape are based on Article 81 paragraph (1) of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection and for the actions committed, the defendant was sentenced to death according to the verdict.

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Published

2023-03-10