ANALISIS HUKUM TERHADAP TINDAK PIDANA PERSETUBUHAN ANAK YANG DILAKUKAN OLEH SAUDARA KANDUNG (STUDI KASUS PUTUSAN NO : 5/PID.SUS-ANAK/2024/PN MJY)

ABSTRACT
This study aims to determine the application of substantive criminal law regarding the crime of sexual intercourse committed by a child who is the sibling of the child victim and also to determine the judge's legal considerations in issuing decision number 5/Pid.Sus-Anak/2024/PN Mjy.
This research was conducted at the Madiun Regency District Attorney's Office and the Madiun Regency District Court. The data collection methods used in this study were interviews and literature review. The obtained data, both primary and secondary, were analyzed using qualitative techniques. Then, they were presented descriptively, explaining, outlining, and illustrating the issues related to the research.
The results of this study indicate that: (1) The application of material criminal law to the crime of sexual intercourse committed by a child and a sibling in the case of decision number 5/Pid.Sus-Anak/2024/PN Mjy is appropriate because the case has been proven to fulfill the elements contained in Article 81 paragraph (3) of Law of the Republic of Indonesia number 17 of 2016 in conjunction with Article 76D of Law number 35 of 2014 concerning amendments to Law number 23 of 2002 concerning child protection. (2) The legal considerations by the judge in imposing a sentence for the crime of sexual intercourse against a child committed by a sibling are appropriate, namely by being sentenced to 4 (four) years in prison in LPKA and also 3 (three) months of job training. The judge has considered matters related to the decision, both legal and non-legal.
From this study, it is hoped that parents will increase supervision and provide insight regarding sex that includes moral and ethical values ​​to children so that this can be avoided as early as possible. It is also hoped that the panel of judges in adjudicating a case can provide a sense of justice.