PEMIDANAAN PELAKU PEMERKOSA YANG SUDAH LANJUT USIA TERHADAP PEREMPUAN YANG MENGALAMI GANGGUAN MENTAL

Abstract

The crime of rape against women who have mental disorders is a crime that creates difficulties for law enforcement, because apart from having to fulfill all the elements, they must also be able to prove in court the elements of the use of force and/or threats of violence committed by the perpetrator against the victim. The impacts caused by rape are physical impacts, psychological impacts, and socio-psychological impacts. The formulation of this problem is how to punish elderly rapists against women who experience mental disorders and what are the judges' considerations before passing their decision on elderly rapists. This research method uses normative juridical research type. The research specification is in concreto. The data source is secondari. Data collectiion with: literature. Presentation of data with descriptive. Data analysis with: qualitative. The results of the research in Case Decision No.15/JN/2020/MS.Aceh shows that the punishment for perpetrators of rape against women who experience mental disorders is in the form of 45 lashes, where this caning is given because Aceh uses the legal provisions of Qanun Aceh Number 6 of 2014 concerning Jinayat Law as the basis for imposing criminal sanctions regarding rape. The crime of rape committed by Budiman Sari bin Solidin Don Alias Toke Breh has fulfilled the elements in Article 46 of the Aceh Qanun Number 6 of 2014 concerning the Jinayat Law, namely the element of every person and element intentionally committing rape. The judge's consideration before passing his decision on the perpetrator of Lina Wati's rapist was to use considerations that were both juridical and non-juridical in nature. Juridical considerations are considerations that are based on the facts revealed in the trial, such as the statements of the witnesses, the statements of the accused, the evidence. Meanwhile, non-juridical considerations are considerations based on the judge's conviction and not only based on existing evidence.