Legal Analysis of the Crime of Sexual Violence of Sodomy According to the Child Protection Law

This study discusses the case of Parsilan, a perpetrator of sexual abuse against 13 children in Tuban, which has sparked controversy in the legal realm. The 20-year prison sentence imposed by the Tuban District Court was later reduced to 13 years by the Surabaya High Court, becoming the main focus of attention. This thesis violates the sentence, especially the violation of the 4 principles of child protection 1. Non-discrimination 2. Related to the Best for Children 3. The right to life and the survival of children 4. Appreciation of children's opinions, the problem in this study is related to the Tuban District Court judge who is less relevant in sentencing Parsilan and imposing additional sentences by only imposing the sentence as a deterrent effect without looking at the demands of the sentence according to Article 76 c jo. Article 80 paragraph (3) of Law Number 35 of 2014 relating to Article 82 paragraph (1) Jo.76E of Law Number 35 of 2014 amending Law Number 24 of 2002. In using the normative legal method that connects several relevant approaches such as the legal approach, the statutory approach and the case approach which makes researchers analyze cases to be complex, the results in the Surabaya High Court case number 1271/pid.sus/2020/PTSBY the Surabaya High Court judge revised the previous verdict of 20 years to 13 years and also analyzed the additional sentences that were less relevant if connected only because of the deterrent effect and the sentence did not have a basis and multiple interpretations related to chemical castration because the person being detained also had symptoms of sexual orientation disorders. Thus, the improvement of the decision handed down by the parsilan became 13 years and rehabilitation efforts for the perpetrators were more implemented.