Ratio Decidendi Judge's Decision In Deciding The Crime Of Persecution

Sintia Husain


This study aims to find out the ratio of judge's decision in deciding the crime of child abuse based on verdict number 17 / Pid.Sus-Anak / 2019 / PN. Gto. The method used in this study is normative legal research. The approach used is to use the legal approach or statute approach (statute approach) and use the case approach. The results showed that the ratio decidendi the judge's ruling in deciding the crime of persecution based on the verdict number 17 / Pid.Sus-Anak / 2019 / PN. Gto. It is appropriate because this is considering the age of the defendant who is under 18 (eighteen) years old. In Article 1 number 1 of Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 on Child Protection it is stated that a child is someone who is not yet 18 (eighteen) years old, including children who are still in the womb. In other words, the accused is still classified as a child according to the criminal law and is considered still unable to account for the actions committed. Therefore, there needs to be a change in the Child Protection Act related to children as "PERPETRATORS" because the 2014 Law on the amendment of Law No. 23 of 2004 only protects victims' children.

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Johny Ibrahim, Normative Legal Theory and Methods, Malang: Boymedia Publishing, 2009

Lilik Mulyadi, Seraut Face Of The Judge's Verdict in Indonesian Criminal Procedure Law, PT Citra, 2010

Adami Chazawi. Crimes against the body and life. Jakarta: Raja Grafindo Persada, 2010


Badu, Lisnawaty. Euthanasia and human rights. Journal of Legality. 5 No. 1 (2012), 1-11.

Bakung, Dolot Alhasni. Determination of Legal Protection of Neighboring Right Rights Holders. JALREV 2 No. 1 (2020), 65-82.

Dian Ekawaty Ismail, Mohamad Taufiq Zulfikar Sarson. Criminolog Analysis of Women's as Perpetrators of Domestic Violence Crimes. Journal of Law Review. 3 Special Issues April (2021), 57-71.

Dian Ekawaty Ismail. Efforts to Protect the Rights of Suspects / Defendants Through a Pretrial Mechanism in the City of Gorontalo. Journal of the Pulpit of Law. 21 No. 1, February (2009), 81-92.

Fadel Ilato, dkk. Criminal Action Without Proven in Money Laundering in Indonesia. Jurnal Law Review. 3 Special Issue (2021), 180-197

Fence M. Wantu. The Constraints of Judges in Creating Legal Certainty, Justice, and Expediency in Civil Justice. Journal of the Pulpit of Law. 25 No. 2, July (2013). 205-218.

Fenty Puluhulawa, Lusiana M, Tujow, Sutrisno. Application of The Principle of Justice, Legal Certainty and Expediency in the Judge's Ruling. Journal of Gorontalo Law Riview. 3 No. 2, October (2020), 168-187.

Fitriyadi, Ahmad Adi. Differentiation of Refugees and Asylum Seekers in International Refugee Law and its Relation to the Principle of Non-Refoulement. JALREV 2 No. 2 (2020), 120-138.

Guntari, Elsa. The Role of P2TP2A Rumoh Putroe Aceh Institution Against Legal Protection for Children as Victims of Physical and Psychological Violence According to Islamic Law. 2020. PhD Thesis. UIN AR-RANIRY.

Hapsoro, Fakhris Lutfianto. Interpretation of the Constitution in testing constitutionality to realize the living constitution. JALREV 2 No. July (2020). 139-160

Hasuri. Restorative Justice for Children Perpetrators of Murder In Islamic Criminal Prefects, Journal of Legal Sciences. 2 No. 1 June (2018), 55-66

Lakoro, A., Badu, L. W., Achir N. Weak Police In Handling Online Lottery Gambling Crimes." JOURNAL OF LEGALITY. 13 No. 1 (2020). 31-50.

Lupita, Niken Candra. Criminological Analysis of Child Murders (Case Study in South Lampung Police). 2017.

Mellisa Towadi, et al. An Indication of China's Policy towards Uighurs and its Implications by International Law Aspects. Journal of Law Review. 3 No. 1. (2021), 55-71

Muhammad Rosikhu. Regulation of Death Penalty For Perpetrators of Corruption Crimes in Times of Natural Disasters. Journal of Legality. 14 No. 1. (2021). 41-52

Nabih Amer. Analysis of dissolution of community organizations in the perspective of the state of law. Journal of Legality. 13 No. 1 (2020), 1-15.

Nggilu, N., &Wantu, F.M. Treading the Constitutional Path to Zaken Cabinet: Ikhtiar Realizing a Constitutional-Quality Government." Journal of The Law of the Ocean of Justice, 15 No. 1 (2020), 126-140.

Novendri M. Nggilu and Ahmad. The Pulse of the Fifth Amendment of the 1945 Constitution through the Involvement of the Constitutional Court as the Principle of the Guardian of the Constitution. Journal of the Constitution. 16 No. 4 (2020)

Nur, Rafika. The Anti-Child Protection Agency (LPKA) in Gorontalo City. Journal of Light Justice, 2017, 5 No. 1, 60-71.

_________. Reconstruction of Action Sanctions in the Juvenile Criminal Justice System. 2020. PhD Thesis. Hasanuddin University.

Puluhulawa, F.U, J. Puluhulawa, M.G. Katili. Legal Weak Protection of Personal Data in the 4.0 Industrial Revolution Era. Jambura Law Review. 2 No. 2. (2020), 182-200

S, Zamroni. The Village Builds Without Leaving the Fringe Group. 2. (2016), 1-10.

Sandy Dayoba Alexander and Widowaty. Factors Causing Disparity in The Judge's Ruling Against Children perpetrators of theft crimes with enactment, Indonesia." Journal of Criminal Law and Criminology. 1 No. 2 (2020), 72-78.

Shamsuddin, Ahmad Rustan. Proof of Abuse of Authority in Criminal Cases of Corruption in Procurement of Goods and Services. JALREV 2 No. 2, July (2020), 161-181.

Tijow, Lusiana. Human Rights Protection is for the Right to Live of Children in The Womb Outside the Legitimate Pbrkawinan. Journal of Legality. 3 No. 2 (2010)

Tiranda, I. (). Ideal Concept of Handling Cases of Wild Levies Corruption Based on Judicial Principles. JALREV 1 No 2, July (2019).

DOI: https://doi.org/10.33756/eslaj.v0i0.13091


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