Perempuan Sebagai Pelaku Tindak Pidana Kekerasan Seksual Terhadap Anak (Studi Putusan Nomor: 276/Pid.Sus/2023/PN Jmb)

Abstract

Sexual violence is an act aimed at attacking someone, usually women/children, where the perpetrator has greater power than the victim because of their gender, age, social class. As time progresses, sexual crimes, especially child victims, aren’t only committed by men, women can also commit such crimes. The purpose of the study is to analyze how accountable women are as perpetrators of criminal acts of sexual violence against children in decision number 276/Pid.Sus/2023/PN Jmb and analyze how prospective criminal law is for criminal acts of sexual violence against children committed by women. This research is normative research through literature analysis with a focus on exploring positive criminal law in Indonesia, and reviewing cases that have permanent legal force. The results obtained for the accountability of women as perpetrators of sexual violence crimes in the case of Decision Number 276/Pid.Sus/2023/PN Jmb, meet the requirements of criminal responsibility, the form of crime imposed on the perpetrators, namely an 11-year prison sentence and a fine of Rp. 1,000,000,000,- with an alternative to 1-year imprisonment if the fine is not implemented. In his judgment, the judge didn’t consider the number of victims caused and the consequences that would have an impact on the child who was victimized. So, the author argues that there is injustice for child victims in Decision Number 276/Pid.Sus/2023/PN Jmb, namely the low criminal verdicts handed down in cases of sexual violence against children.