ANALISIS PUTUSAN PENGADILAN TERHADAP KETENTUAN PASAL 24 UNDANG-UNDANG NOMOR 12 TAHUN 2022 TENTANG TINDAK PIDANA KEKERASAN SEKSUAL

Abstrak

Sexual violence is a crime that has affected the lives of many people throughout history and today. Law No. 12 of 2022 concerning Criminal Acts of Sexual Violence (UU TPKS) brings significant reforms in the Indonesian criminal justice system, one of which is the qualification of physical evidence as part of legal evidence in Article 24. This research examines the application of Article 24 of the UU TPKS in court decisions, particularly in the Pekanbaru District Court Decision No.46/Pid./B/2022/PN.PBR. This research uses a normative juridical method with a systematic legal approach. Primary legal materials include the 1945 Constitution, Criminal Procedure Code (KUHAP), and Law No. 12 of 2022. Secondary legal materials include legal literature, court decisions, and academic writings. Data analysis is conducted qualitatively with deductive conclusions. The research findings show that despite the existence of evidence and physical evidence presented at trial, including lie detector test results, language expert testimony, and forensic psychological examination results, the judge still did not apply Article 24 of the UU TPKS to convict the defendant. In the case decision No.46/Pid.B/2022/PN.PBR, the defendant was acquitted even though the evidence met the elements of sexual violence crimes. This contrasts with two other cases (Decision No. 74/Pid.B/2023/PN Lbs and No. 470/Pid.Sus/2023/PN Prb) where judges used physical evidence as part of legal evidence according to the UU TPKS. The conclusion of this research is that the application of Article 24 of the UU TPKS has not been consistent in judicial practice. Some judges still do not use physical evidence as part of legal evidence, resulting in difficulties in proving sexual violence crimes. It is recommended that law enforcement officials maximize the use of the UU TPKS to obtain conviction from physical evidence presented in sexual violence criminal cases.