Skripsi
PERTIMBANGAN HAKIM DALAM PENJATUHAN SANKSI PIDANA TERHADAP PELAKU EKSPLOITASI SEKSUAL ANAK: STUDI PUTUSAN HAKIM
Cases of child sexual exploitation are prevalent in society, causing serious physical and psychological impacts on victims; consequently, robust enforcement actions against perpetrators are essential. Judges, as decision-makers within the judicial system, are required to uphold the law and render the fairest possible judgments. However, the sanctions imposed are often deemed suboptimal, raising concerns that the rulings fail to reflect true justice or achieve an optimal deterrent effect. This study aims to analyze the considerations underlying judicial sanctions against perpetrators of child sexual exploitation and to examine the factors contributing to sentencing disparities. Employing a normative-juridical research method, the study utilizes statutory and case-based approaches, drawing upon primary, secondary, and tertiary legal sources. The findings reveal that judges consider two aspects when imposing sanctions: the juridical aspect, pertaining to statutory regulations, and the non-juridical aspect, relating to sociological and philosophical contexts. Furthermore, sentencing disparities stem from judicial discretion in interpreting the law based on established legal facts, mitigating and aggravating circumstances, and the judge's own conscience. Keywords: Judicial Considerations, Sentencing Disparity, Criminal Sanctions, Sexual Exploitation.
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