ANALISIS PERTIMBANGAN HAKIM DALAM TAHAP PEMBUKTIAN TINDAK PIDANA KEKERASAN SEKSUAL (STUDI KASUS PUTUSAN PENGADILAN NEGERI BANTUL NOMOR 28 PID.SUS/2024/PN BTL)

Andini Azzahra, NIM.: 21103040133 (2026) ANALISIS PERTIMBANGAN HAKIM DALAM TAHAP PEMBUKTIAN TINDAK PIDANA KEKERASAN SEKSUAL (STUDI KASUS PUTUSAN PENGADILAN NEGERI BANTUL NOMOR 28 PID.SUS/2024/PN BTL). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Sexual violence constitutes a criminal offense that not only violates legal and moral norms but also causes serious physical and psychological harm to victims. In criminal justice practice, cases of sexual violence often encounter challenges at the evidentiary stage, particularly when the available evidence is limited and not supported by complete medical examination results. This condition raises legal issues regarding how judges construct their conviction within the evidentiary system as regulated under the Indonesian Code of Criminal Procedure (KUHAP), as well as the factors influencing such judicial considerations. These issues are reflected in the Decision of the Bantul District Court Number 28/Pid.Sus/2024/PN Btl, in which the proof primarily relied on the victim’s testimony and documentary evidence without being supported by a complete medical report (visum et repertum). Therefore, this study aims to analyze the judge’s considerations in the evidentiary stage of a sexual violence case and to identify the factors influencing the judicial decision in the said case. This research is a normative juridical legal study with a descriptive qualitative approach. The research was conducted through a literature review of statutory regulations, legal doctrines, and relevant court decisions, complemented by primary data obtained through interviews. The collected data were analyzed qualitatively, focusing on the application of the negative statutory evidentiary system in assessing evidence and forming judicial conviction. The findings indicate that in Decision Number 28/Pid.Sus/2024/PN Btl, the judge based the conviction on the consistency of the victim’s testimony, which was considered to be in conformity with documentary evidence and expert testimony, despite the absence of direct witnesses and a complete medical report. The factors influencing the judicial decision include the quality and relevance of the evidence, the psychological condition of the victim, and the application of the precautionary principle within the negative evidentiary system. The study concludes that the judge’s considerations reflect an effort to balance the protection of sexual violence victims with the presumption of innocence of the defendant in accordance with the prevailing criminal procedural law.

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