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Agus Digdo Nugroho
IBLAM School of Law
Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science

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Kebijakan Hukum Pidana Mati Terhadap Pelaku Kekerasan Seksual Anak dalam Sistem Hukum Indonesia: Analisis Putusan Mahkamah Agung Nomor 5642 K/Pid.Sus/2022 Sari Melati; Agus Digdo Nugroho
HUMANIORUM Vol 4 No 3 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i3.175

Abstract

The death penalty for perpetrators of sexual violence against children creates a tension between the obligation to protect victims, proportional punishment, and the right to life. This study examines the ratio decidendi and the criminal-law policy reflected in Supreme Court Decision No. 5642 K/Pid.Sus/2022. It employs normative legal research using statutory, case, and conceptual approaches, with the official decisions of the Bandung District Court, Bandung High Court, and Supreme Court as the main primary legal materials. The study finds that the Bandung District Court initially imposed life imprisonment, the Bandung High Court changed the sentence to death under Article 81 paragraph (5) of the Child Protection Law, and the Supreme Court subsequently rejected both cassation petitions. The sentence was justified by the multiplicity of victims, repeated conduct, abuse of the offender’s position as an educator, and the extensive harm caused. Nevertheless, death is an alternative rather than a mandatory sanction. Following the entry into force of Law No. 1 of 2023 and Law No. 1 of 2026, capital punishment is positioned as a special, last-resort penalty accompanied by a ten-year probationary period and possible commutation. Therefore, the 2022 judgment remains significant, but its execution and policy implications must be interpreted within the new sentencing framework and must not displace restitution, protection, and recovery for victims.
Aspek Hukum Kerja Sama Antar Lembaga dalam Penyelenggaraan Rehabilitasi Sosial pada Lembaga Pemasyarakatan Narkotika Kelas IIA Jakarta Imam Ali Sya’ban; Agus Digdo Nugroho
HUMANIORUM Vol 4 No 3 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i3.182

Abstract

This study discusses the legal aspects of inter-agency cooperation in the implementation of social rehabilitation for drug convicts in the correctional system. Social rehabilitation is part of the guidance and care functions as stipulated in Law Number 22 of 2022 concerning Corrections and Law Number 35 of 2009 concerning Narcotics. This study aims to analyze the legal basis, authority, and juridical issues in the implementation of inter-agency cooperation. The method used is empirical juridical with a regulatory approach and field studies at the Class IIA Narcotics Correctional Institution in Jakarta. The results of the study show that although the legal framework for cooperation is in place, its implementation still faces various problems, such as unclear division of authority, weak binding force of cooperation agreements, and suboptimal implementation of Regulation of the Minister of Immigration and Corrections No. 8 of 2025. These problems have an impact on the effectiveness of social rehabilitation of narcotics prisoners.
Co-Authors Imam Ali Sya’ban Sari Melati