<![CDATA[This study aims to analyze the legal provisions and the meaning of Special Minimum Penalty stipulated in Article 82 Paragraph (1) of Law Number 17 of 2016, to examine the legal reasons and judges’ considerations in imposing a sentence below the minimum threshold, and to thoroughly assess whether the verdict has fulfilled the elements of justice for the child victim. This research is a normative legal study. The results indicate that although Article 82 Paragraph (1) sets a minimum threshold as a form of maximum legal protection for children, judges still hold legitimate authority under Article 51 of the Indonesian Criminal Code to deviate from such provisions, provided that the decision is grounded in strong, valid, and clearly elaborated reasons. The reduction of penalty in Verdict Number 42/Pid.Sus/2021/PN LRT was based on comprehensive considerations, including: the defendant’s admission of guilt, expression of remorse, and clean criminal record; the defendant’s personal circumstances and economic role as the sole breadwinner of the family; the incidental nature of the act committed without violence, along with its minor harmful impacts and the victim’s full recovery; and the existence of a peace agreement between the parties. In synthesis, this verdict constitutes a just, humane, and appropriate decision within the context of the specific case, as it successfully balances legal certainty, protection for the victim, accountability of the perpetrator, and the values of justice upheld in society.]]>
Copyrights © 2026
