Analysis of the Ambon District Court Decision Regarding the Crime of Grooming a Minor: A Case Study of Decision No. 426/Pid.Sus/2022/PN Amb

Abstract

This research aims to analyze the reasoning behind the panel of judges‟ decision to impose the minimum criminal sentence on the perpetrator of child molestation, involving four child victims, and to assess whether Decision Number 426/Pid.Sus/2022/PN.Amb adequately reflects legal protection for children as victims of criminal offenses, particularly molestation. The research examines the relevance of the absolute theory of punishment and the legal protection theory for children, with a legal basis grounded in Law No. 17 of 2016 in conjunction with Law No. 35 of 2014 on Child Protection. The research method used is a qualitative approach, employing normative-empirical legal research (applied law research), which analyzes the implementation of positive legal provisions (statutory law) and written documents in action (factually) concerning specific legal events occurring in society. Data were obtained through literature review, case documents from the Ambon District Court, and interviews with related parties involved in the issuance of the decision. The results of the study indicate that the judges‟ rationale for imposing the minimum sentence aligns with the charged article, namely Article 82 paragraph (1) of Law No. 17 of 2016 in conjunction with Law No. 35 of 2014 on Child Protection, and does not violate applicable legal provisions. The defendant's subjective circumstances and the absence of aggravating factors contributed to the imposition of the minimum five-year sentence. However, the decision is considered not to fully reflect the protection of child victims, as it fails to prioritize the principle of the best interest of the child in its judgment.