PROBLEMATIKA PENJATUHAN PIDANA MATI TERHADAP PELAKU TINDAK PIDANA KEKERASAN SEKSUAL PADA ANAK
The imposition of capital punishment on perpetrators of sexual violence against children is an act that violates human rights. However, please note that Human Rights have limitations and prohibitions. This creates differences of opinion in society between those who are pro and contra to imposing cap...
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2023-01-26.
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| 520 | |a The imposition of capital punishment on perpetrators of sexual violence against children is an act that violates human rights. However, please note that Human Rights have limitations and prohibitions. This creates differences of opinion in society between those who are pro and contra to imposing capital punishment on perpetrators of sexual violence against children. The research method used by the author is a normative juridical research method. In his research, the author used several approaches to the problem, including the statute approach, the case approach, and the conceptual approach. The author in his research also found several findings, including that it is impossible for justice for victims to be fulfilled even with the imposition of capital punishment, however capital punishment needs to be something that perpetrators of sexual violence have to think about to repeat their mistakes. Therefore, the application of the death penalty needs to be formed as a punishment that has legal certainty and has a clear and valid legal basis. The author draws the conclusion that it is not enough if we only interpret capital punishment from one point of view, because the imposition of capital punishment is a form of the state's presence in providing legal certainty for victims and enforcing existing laws for perpetrators who want to commit crimes of sexual violence to think twice in committing sexual violence. | ||
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