Pertimbangan Hukum Hakim : Studi Terhadap Putusan No. 174/Pid.Sus/2023/PN.Skt Tentang Kekerasan Seksual di Surakarta

Novitasari, Berlianna Rofi’ah and , Kelik Wardiono, S.H., M.H. (2024) Pertimbangan Hukum Hakim : Studi Terhadap Putusan No. 174/Pid.Sus/2023/PN.Skt Tentang Kekerasan Seksual di Surakarta. Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

This study analyzes the legal considerations considered by the judge regarding Decision Number 174/Pid.Sus/2023/PN. Skt regarding sexual violence in Surakarta. The judge's juridical considerations in making decisions regarding criminal matters are not always the same even though the criminal act committed by the perpetrator is a similar act whose criminal provisions are stated in the same 2 article. in the same article. Such as sexual harassment perpetrated by superiors against subordinates, the criminal provisions of which are contained in Article 6c of Law No. 12 of 2022 concerning TPKS. Researchers use a doctrinal approach method in this research because law is considered as official regulations that are regulated and ratified by authorized government institutions or officials. The data collection method used is qualitative, namely literature study. The analytical method that researchers used in this research was a qualitative normative approach using deductive logic. The results of the research obtained by researchers show that the judge when giving his decision had considered all the evidence presented by the parties in the trial process. Legal considerations from the Surakarta District Court judge Number 174/Pid.Sus/2023/PN.SKt regarding the element "every person," "who abuses position, authority, trust, or authority arising from deception or relationship circumstances or taking advantage of vulnerability, inequality, or dependence on a person," "forcing or misleadingly moving that person to commit or permit sexual intercourse or obscene acts with him or another person," is in accordance with Article 6c of Law No. 12 of 2022 concerning TPKS. Thus, from an Islamic perspective, the defendant's actions as stated in the Surakarta District Court Decision Number 174/Pid.Sus/2023/PN.Skt, namely related to sexual harassment against women, are clearly prohibited in Islam.

Item Type:	Thesis (Skripsi)
Uncontrolled Keywords:	Decision, Judge, Crime of Sexual Violence
Subjects:	K Law > Indonesia Law K Law > Indonesia Law > Hukum Pidana
Divisions:	Fakultas Hukum > Hukum
Depositing User:	BERLIANNA ROFI'AH NOVITASARI
Date Deposited:	13 Nov 2024 07:02
Last Modified:	13 Nov 2024 07:02
URI:	http://eprints.ums.ac.id/id/eprint/128680

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