| dc.description.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. | en_US |
