EMIDANAAN BAGI PELAKU TINDAK PIDANA PENCABULAN DALAM PERSPEKTIF KITAB UNDANG-UNDANG HUKUM PIDANA ANALISIS PUTUSAN NOMOR 833/PID/B/2018/PN.JKT.SEL

Abstract

The study explains the problem of the application of the law to the abuser and the judge's consideration of the crime of the molester which results in a conviction of the perpetrators who are not yet in accordance with the rules. The study aims to know the application of the law to the matter in south Jakarta judicial decisions no. 833/ pid/b /2018/ pk. JKT. Cells and judge's consideration of the matter in lower Jakarta court decision number 833/ pid/b /2018/ pn. This method of study makes a type of normative study by making the book of penal law and the court ruling an object of study by case approach (approach approach) and the legislation approach (approach approach). Research shows that in case number 833/ pid/b /2018/ pn. Cells, the prosecutor formulates an alternative indictment, article 290 verses (1) article 281 (2) of the criminal code, but the judge in cutting the case selects and applies a second charge of article 281 verse (2) the criminal system by examining the trial of 3 witnesses, the expert based on the evidentiary visum et repertum number 177/ iv /PKT/05/2018 and the defendant's statement.

Keywords: case approach, approach approach, public prosecutor