ANALISIS YURIDIS TINDAK PIDANA PENCABULAN DENGAN KORBAN DI BAWAH UMUR (Studi Putusan Nomor Perkara 367/Pid.Sus/2023/PN.Kpn)

Children are the next generation of the nation who must be nurtured and guided to become great human beings in their lives. Children must be taken care of so that they live and grow and develop healthily. Children must be protected from a life of violence, including sexual violence, namely sexual abuse. The judge's considerations are an important part of a court decision which contains the judge's arguments or reasons in deciding a case in realizing the value of a judge's decision which contains justice, legal certainty and contains legal benefits for the parties concerned so that the judge's considerations must be addressed carefully, well. , and careful. This research aims to analyze the judge's considerations in decision Number 367/Pid.Sus/2023/PN.Kpn regarding sexual abuse of minors. The research method used by researchers is normative juridical. The Public Prosecutor gave a single charge to the defendant under the Child Protection Law, whereas regarding child abuse there are also similar regulations with the same and equal hierarchy or the special law derogates from the general law namely the Sexual Violence Crime Law. As a result of this research, the judge gave a decision in accordance with the Public Prosecutor's single indictment. In this case, the public prosecutor should not only present a single indictment against the defendant but also alternative charges because each of the elements contained in the two laws has the same qualifications