Dewi, Aldea Evelyna Talita (2026) Tinjauan Yuridis Penjatuhan Pidana Terhadap Tindak Pidana Pencabulan Pelaku Warga Negara Asing (WNA) yang Melakukan Kejahatan Seksual Terhadap Anak (Studi Putusan Nomor 303/Pid.Sus/2019/PNDps). Undergraduate thesis, UPN Veteran Jawa Timur.
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Abstract
This study examines the juridical review of criminal sentencing against a Foreign National (FN) perpetrator who committed transnational sexual crimes against a child, with a focus on Decision Number 303/Pid.Sus/2019/PNDps. The defendant is a Moroccan national who committed acts of sexual molestation against a 13-year-old boy in the Canggu area, Badung Regency, Bali. This study employs a normative legal research method with statutory, legal concept analysis, comparative, and case-based approaches. The research aims to analyze the proof of the elements of the criminal act of sexual molestation against a child by a foreign national perpetrator, as well as to examine the basis of the Judge's considerations in imposing criminal sanctions. The findings indicate that all elements of Article 82 paragraph (1) in conjunction with Article 76E of Law Number 35 of 2014 on Child Protection have been fulfilled lawfully and convincingly. Indonesia's jurisdiction over the foreign national defendant is grounded in the Territorial Principle as stipulated in Article 2 of the Criminal Code. Evidence was established through the testimonies of four witnesses, a Visum et Repertum, forensic expert testimony, and mutually corroborating physical evidence. The defendant's modus operandi of systematic child grooming was proven to satisfy the elements of persuasion and coercion. From the standpoint of the Judge's considerations, there is a substantial weakness: the aggravating circumstances cited in the verdict are inconsistent with the legal facts of the case. Three aggravating factors that should have been considered were disregarded, namely the defendant's history of deviant sexual behavior, the premeditated grooming modus operandi, and the long-term psychological impact on the victim. The decision also contains no provision for restitution to the victim, which constitutes a critical shortcoming given the principle of the best interest of the child as mandated by the Convention on the Rights of the Child.
| Item Type: | Thesis (Undergraduate) | ||||||||
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| Subjects: | K Law > K Law (General) K Law > KZ Law of Nations |
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| Divisions: | Faculty of Law > Departement of Law | ||||||||
| Depositing User: | ALDEA EVELYNA TALITA DEWI | ||||||||
| Date Deposited: | 08 Jun 2026 08:24 | ||||||||
| Last Modified: | 08 Jun 2026 08:24 | ||||||||
| URI: | https://repository.upnjatim.ac.id/id/eprint/53771 |
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