Sentencing Proportionality Regarding The Crime Of Sexual Violence Against Children (Study Between Decision No. 28/Pid.Sus/2021/Pn.Bbs And Decision No. 869/Pid.Sus/2021/Pn.Ptk)

Abstract

Sexual violence against children is the most dominant case that happens to children. But several decisions create injustice because of imposing light penalties. The sentencing theory seems able to influence the penalties. Therefore, deciding penalties must be based on sentencing proportionality. This writing is essential to determine the sentencing theory regarding the crime of sexual violence against children in decision Number 28/Pid.Sus/2021/PN.Bbs and decision Number 869/Pid.Sus/2021/PN.Ptk, and to find out how decision Number 28/Pid.Sus/2021/PN.Bbs and decision Number 869/Pid.Sus/2021/PN.Ptk from the perspective of sentencing proportionality. The research method used is normative legal research, carried out by researching library materials or secondary data as the basis for research by researching regulations related to the issues discussed. Absolute theory tends to be appropriate in deciding the relatively heavy criminal act such as crime of sexual violence against children because the priority purpose of punishment is solely for retaliation as main goal, adjusted to the fault of the perpetrator with receiving appropriate retribution. Meanwhile, this research found the sentencing proportionality between decisions No.28/Pid.Sus/2021/PN.Bbs and decision No. 869/Pid.Sus/2021/PN.Ptk. With a comparison based on cardinal proportionality, which is seen from the highest level of crime and the seriousness of the crime.