<![CDATA[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.]]>
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