Telaah Pengajuan Kasasi Oleh Penuntut Umum Dengan Alasan Judex Factie Mengabaikan Rasa Keadilan Dalam Perkara Persetubuhan Dengan Anak

Abstract

      The objective of research is to find out the compatibility of Public Prosecutor’s appeal to Supreme Court with the rationale that judex factie overrides the society’s justice feeling in sentencing the copulation with minor case with KUHAP. This study was a doctrinal normative law research. The approach used was case approach method. The type of data used was secondary data, the one from library materials including: books, literatures, legislations, official documents, research finding in the form of report and other sources relevant to this research.

       The result of research showed that the public prosecutor’s appeal to supreme court with the rationale that judex factie overrides the society’s justice feeling in sentencing in fact had been consistent with the provision of KUHAP and concerning the judge of Supreme Court’s legal argument in examining and sentencing the public prosecutor’s appeal to supreme court regarding the intended case (copulation with minor case), the author could found some legal arguments regarding the judge’s qualifying, constant, and constituting attitude. The meaning of qualifying is the judge will be qualifying about criminal offense  to committed by the offender. The next is constant which means the judge will include act judge will include acts committed by the offender according to the law set out in the legislation. And the last is constituting attitude which means the judge will determines the law beyond reasonable doubt in accordance with criminal offenses in accordance with the evidence.

       The benefit of research was that it gave the Judge input in deliberating the public prosecutor’s prosecution wisely and prudently in order to prevent the judex factie from misapplying the law. Then to a victim encountering copulation crime, protection and rehabilitation should be given. Finally, to this copulation crime perpetrator, appropriate punishment should be imposed.

Keywords: judex factie, copulation, verdict.