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

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.

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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.

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