POLITIK KRIMINAL TERHADAP TINDAK PIDANA KEKERASAN SEKSUAL (STUDI TERHADAP PUTUSAN PENGADILAN NEGERI DAN PENGADILAN TINGGI BANDUNG DENGAN TERDAKWA HERY WIRAWAN

Abstract

This study aims to explain the application of criminal law to the perpetrators of criminal acts Herry Wirawan and a study of criminal politics on the application of criminal law to the Bandung District Court Decisions and Bandung High Court Decisions. The crime of sexual violence against children is very worrying. The incident of sexual violence against 13 children by Herry Wirawan, the caretaker and manager of the Islamic boarding school under the Manarul Huda Bandung Foundation, has become national news which is very unusual in attacking the conscience of humanity. Several applications of criminal law are not comprehensive and integrated. As a result, it actually adds to the victims' suffering, especially for children who have a long future ahead and become the backbone of the future. The research is normative juridical with inconcreto legal research specifications. The analysis is in the form of analytical descriptive analysis. The results of the study revealed that the defendant was sentenced to death, subject to restitution for 12 of the victim's children in the amount of Rp. 331,527,186.00, and confiscation of the defendant's foundation assets for the care of 9 children of the victim's child and the victim's child until adulthood or marriage. The application of this law replaces a life sentence, restitution imposed on the government by a first-level judge while still using the dictum of the first-level judge's decision, namely not applying chemical castration and announcing the identity of the perpetrator, a fine of IDR 500,000,000, and freezing, revocation of permits and dissolution of the Foundation. This decision embodies justice for efforts to overcome sexual violence against children and repair the suffering and losses of victims. The first criminal political study, mass media coverage can shape public perceptions of crime and punishment. Second, the imposition of punishment reflects the quality of serious prevention for overcoming sexual violence against children, and protection for victims and increasingly reflects criminal politics when it is integrated into the revocation of licenses by the Ministry of Religion. Third, prevention without sentencing is realized by including restitution penalties that show more civil sanctions, and administrative sanctions on the revocation of licenses and orders for victim care to authorized government institutions.