ANALISA YURIDIS PEMIDANAAN PADA TINDAK PIDANA PERSETUBUHAN TERHADAP ANAK DI BAWAH UMUR

This paper aims to determine the legal considerations for judges in decisions that impose criminal punishment against the accused under Article 81 paragraph (2) of The Act Law Indonesian Republik No.23 in 2002 on The Protection of Children and not Article 287 paragraph (1) of The Criminal Code. This paper is a normative legal research by using comparative approach to the statute. By outlining Article 81 paragraph (2) of The Act Law Indonesian Republik No.23 in 2002 on The Protection of Children and Article 287 paragraph (1) of The Criminal Code will be found elements of the sexual crime of intercourse happens then all elements are connected with criminal cases intercourse against minors, then it transpired legal considerations judges prefer choosing Article 81 paragraph (2) of The Act Law Indonesian Republik No.23 in 2002 on The Protection of Children to punish the defendant.