PERTIMBANGAN HAKIM DALAM PUTUSAN ATAS GUGATAN KREDIT MACET ANTARA PT. BANK MANDIRI TBK SME BANKING BANDAR LAMPUNG DENGAN PT. MANDIRI TEKNIKNDO JAYA (Studi Putusan Nomor 198/Pdt.G/2023/PN Tjk)

Abstract

Sexual violence against children is any form of action carried out by using a child to obtain sexual pleasure, fulfill sexual desires or any other sexual activity carried out not only by adults but can also be carried out by children who are older than their age or even children their own age. Sexual violence received by children can not only take the form of physical sexual violence but also non-physical sexual violence as regulated in the law concerning criminal acts of sexual violence number 12 of 2022 in article 4 and article 5 of the law. The purpose of this research is to determine the judge's consideration in giving sentences in cases of criminal acts of non-physical sexual violence involving child victims and to find out the evidence contained in the law on criminal sexual violence. This research uses normative legal research. The results of this research are the basis for the judge's consideration in giving a decision in this case with juridical and non-juridical consideration of the facts at the conference. Valid evidence in the law on criminal sexual violence is regulated in article 24 paragraphs (1), (2), and (3), namely evidence regulated in the Criminal Procedure Code, electronic evidence, evidence used, including witness testimony. at the investigation stage and documentary evidence which can contain psychological information, medical information and forensic examination. The evidence carried out in this case took the form of statements from the fraudster and statements from witnesses from the victim's child and the victim's child's mother. There was also the judge's confidence regarding the evidence that existed during the trial process.