JUDGES CONSIDERATIONS IN IMPOSING CRIMINAL PENALTIES ON PERPETRATORS OF CHILD ABUSE BY EDUCATORS

Abstract

The crime of molestation of children committed by educators is a form of moral crime that is aggravated by the power relationship between the perpetrator and the victim. This article aims to analyze the judge's considerations in imposing criminal penalties on perpetrators of child molestation by educators in Decision Number 401/Pid.Sus/2025/PN Gns and assess its conformity with the provisions of criminal law and the principles of child protection in Indonesia. This study uses normative legal research methods with a statute approach, a case approach, a philosophical approach, and a conceptual/theoretical approach. The results of the study show that the judge's consideration in the a quo decision is based on juridical considerations in the form of proving the elements of the criminal act as stipulated in Article 76E juncto Article 82 of the Child Protection Law and non-juridical considerations in the form of the defendant's position as an educator, the existence of a power relationship, and the psychological impact experienced by the victim. These considerations are in line with the Criminal Code, the Child Protection Law, the Sexual Violence Crime Law, and the principle of the best interest of the child. However, there is room for strengthening in the form of the need for sentencing guidelines that explicitly place the abuse of power relations by educators as a measurable weighting factor, in order to ensure the consistency of court decisions throughout Indonesia.