Ratio Decidendi Hakim Terhadap Tindak Pidana Persetubuhan Yang Dilakukan Oleh Anak

Key Points

The study reveals that judges often overlook key causal elements in child sexual offense cases, impacting justice.
Analysis shows a focus on persuasive elements from the prosecution, potentially compromising fair outcomes.
Normal judicial frameworks such as the principle of ultimum remedium are often disregarded, emphasizing legal gaps.
Empirical normative analysis identifies significant shortcomings in judicial reasoning concerning juvenile offenders.

Abstract

This study aims to find out how the judge's ratio decidendi to the crime of sexual intercourse committed by the child case study decision number 7/pid.sus-anak/2022/pn mjn, using an empirical normative research method with prescriptive analysis techniques. The results of the study show that the judge's ratio decidendi only focuses on the actions of the child whom he interprets to meet the persuasive element as the public prosecutor's subsidiary indictment without carefully considering the causal elements, the series of facts of events that should be able to benefit/mitigate the punishment of the child, and does not consider the principle of ultimum remedium at allas stated in Article 2 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, which in essence must be considered by a panel of judges. Keywords: Intercourse, Ratio Decidendi, Principle of Ultimum Remedium

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Ratio Decidendi Hakim Terhadap Tindak Pidana Persetubuhan Yang Dilakukan Oleh Anak

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