ANALISIS YURIDIS TERHADAP PEMERKOSAAN YANG DILAKUKAN PAMAN TERHADAP ANAK (STUDI PUTUSAN NOMOR 46/Pid.Sus/2024/PN.Ngw)

Abstract

The JPU's inaccuracy in determining the law in the indictment occurred in the case of sexual violence by Sunarso. In Decision Number 46/Pid.Sus/2024/PN.Ngw, the Public Prosecutor charged using Article 8 letter a Jo. Article 46 of the Domestic Violence Eradication Law, even though the victim, a child, experienced sexual violence for 10 years by the perpetrator, who is the biological uncle. This background leads to the formulation of the problem: whether the Public Prosecutor's indictment in Decision Number 46/Pid.sus/2024/PN.Ngw is in accordance with sexual violence as reviewed from Article 76D Jo. Article 81 paragraph (1) and Article 76E Jo. Article 82 paragraphs (1) and (2) of the Child Protection Law? And, what are the implications if the prosecutor's indictment is not precise? The research method used is normative juridical with a legislative and case approach. The research results show that, firstly, the prosecutor's indictment is not appropriate. Sunarso's actions, which fall under concursus realis, involve several criminal acts committed by an individual, where each act stands alone as a separate crime. Using the Child Protection Law in the indictment can impose a heavier criminal penalty. Secondly, the inaccuracy of the prosecutor's indictment can result in a punishment that is not commensurate with the severity of the crime committed by the perpetrator and can harm the victim