Judges' Considerations In Implementing Criminal Sanctions To Persons Of The Crime For Forcing Children To Perform Abusive Actions (Decision Number: 150/Pid.Sus/2021/PN Gdt)

Abstract

Abstract

One example of the crime of forcing a child to commit obscene acts is based on Decision Number: 150/Pid.Sus/2021/PN Gdt which states that the Defendant Nuzul Hairi Bin Nurul Huda has been legally and convincingly proven guilty of committing a crime of committing violence and threats of forceful violence child commits obscene acts. Factors that cause perpetrators to commit crimes of forcing children to commit obscene acts based on Decision Number: 150/Pid.Sus/2021/PN Gdt are educational factors, environmental factors or place of residence. The criminal act of sexual intercourse with a child in the jurisdiction of the Pesawaran Resort Police is indicated by the process of development of culture and civilization. Displacement of norms of behavior in western cultural areas and studied as a mental conflict or as a clash of cultural values. Economic factor theory is fundamental to all social structures. Economic development in the jurisdiction of the Pesawaran Resort Police tends to be uneven, there are still many people who have not found work or are unemployed. This condition causes social deviations in society, such as the crime of sexual intercourse with a child in the jurisdiction of the Pesawaran Resort Police. The judge's considerations in applying criminal sanctions to perpetrators of the crime of forcing children to commit obscene acts based on Decision Number: 150/Pid.Sus/2021/PN Gdt consist of 2 (two) things, namely aggravating things and mitigating things. What was aggravating was that the actions of the defendant had damaged the future of the witness-victim, the parents of the witness-victim felt very objection to the actions of the defendant, and the actions of the defendant had violated religious norms. Meanwhile, the mitigating factors are that the defendant admits and regrets his actions and promises not to repeat his actions, and the defendant has never been punished.