Tinjauan Yuridis Tindak Pidana Persetubuhan Yang Dilakukan Oleh Remaja Di Kabupaten Pohuwato (Studi Putusan Pengadilan Negeri Marisa Nomor : 59/Pid. Sus/2020/PN. Mar)

Abstract

The purpose of this study was to find out the application of criminal sanctions and legal considerations of judges in trying criminal acts of intercourse committed by teenagers in Pohuwato Regency in the Marisa District Court Decision Number: 59/Pid. Sus/2020/PN. Mar. Based on the problems examined by the authors, the authors use normative legal research methods. The results in this study are the application of criminal sanctions against intercourse committed by adolescents in Pohuwato District in the Marisa District Court Decision Number: 59/Pid. Sus/2020/PN. Mar, namely the action of the panel of judges is the embodiment of ultra petita in criminal law. The criminal sanctions given exceeded the prosecutor's demands which were only 6 years in prison to 7 years in prison and a fine of IDR 60,000,000.00 to IDR. 1,000,000,000 (one billion rupiah) provided that if the fine is not paid it is replaced by imprisonment for 6 (six) months. The judge's legal considerations in applying sanctions are proving every element in the prosecutor's indictment, considering the age of the victim, considering all evidence and evidence and aggravating circumstances.