eprintid: 58510
rev_number: 11
eprint_status: archive
userid: 12243
dir: disk0/00/05/85/10
datestamp: 2023-05-12 01:27:09
lastmod: 2023-05-12 01:27:09
status_changed: 2023-05-12 01:27:09
type: thesis
metadata_visibility: show
contact_email: muchti.nurhidaya@uin-suka.ac.id
creators_name: Muhmmad Fikri, NIM.: 16360018
title: STUDI PUTUSAN PENGADILAN TINGGI BANDUNG NOMOR 86/PID.SUS/2022/PT.BDG
TENTANG SANKSI PIDANA MATI TINDAK PIDANA KEKERASAN SEKSUAL
PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM
ispublished: pub
subjects: PD
subjects: hukum
divisions: jur_pma
full_text_status: restricted
keywords: sexual abuse; penalty of death; destination of idling; positive law; Islamic Law.
note: Pembimbing:
Farrah Syamala Rosyda, S.H., M.H.
abstract: Child sexual abuse in Indonesia is a serious crime that continues to occur
daily. This indicated the need for firm and lasting penalties for perpetrators and
others who would do the same in order to avoid doing so. Sexual abuse of children
adversely affects victims, such as trauma, exposure to disease, injuries that can
damage internal organs can even cause death. Taking into consideration the effects
and abominations of these acts, society encourages capital punishment for
perpetrators of child sexual abuse. The death toll is rising again after a case of sexual
abuse against 13 children in Bandung, West Java conducted by Herry Wiryawan
was dismantled by law enforcement officers. After going through several stages of
law, the judges of the Bandung High Court of Appeals sentenced him to death
against the defendant Herry Wiryawan. The study was intended to further look at
the execution penalty imposed by the Bandung High Court on the defendant Herry
Wiryawan in a theoretical perspective of the objective of idling in the positive law
and the objective of idling in the islamic law used by the judge.
This research uses the normative-yuridis approach (library research), which
is the study that uses a secondary data document of Bandung High Court ruling 86/
Pid. Sus / 2022/ PT.Bdg for observation. Based on the root of the problem, this
study focuses on, it could be concluded that a penalty of capital punishment, a
felony of sexual violence in the consideration of the judge uses the theory of
destination of relative and absolute elimination. The judge's relative use of the jury
is due to judging the severity of the crimes of sexual violence committed by the
defendant and has fulfilled the death penalty, as laid out by act no. 17 in 2016,
which states that death penalty and chemical castration and appearment of the
perpetrators, can be general prevention in order to do not take similar cases in the
future. Because the effect of the victim is very serious, and it takes time for
recovery. The other authentication theory manifest in the verdict is absolute. This
is based on the severity of the crimes committed and the need for public order to
abide by the rule of law. Another analysis of this study is the satisfying of the theory
of the purposes of islamic law.
date: 2023-01-11
date_type: published
pages: 103
institution: UIN SUNAN KALIJAGA YOGYAKARTA
department: FAKULTAS SYARIAH DAN HUKUM
thesis_type: skripsi
thesis_name: other
citation:   Muhmmad Fikri, NIM.: 16360018  (2023) STUDI PUTUSAN PENGADILAN TINGGI BANDUNG NOMOR 86/PID.SUS/2022/PT.BDG TENTANG SANKSI PIDANA MATI TINDAK PIDANA KEKERASAN SEKSUAL PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM.  Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.   
document_url: https://digilib.uin-suka.ac.id/id/eprint/58510/1/16360018_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
document_url: https://digilib.uin-suka.ac.id/id/eprint/58510/2/16360018_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf