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Abstract
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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.
Language: en |