PENERAPAN HUKUM PIDANA TERHADAP PELAKU TINDAK PIDANA PERSETUBUHAN TERHADAP ANAK DI BAWAH UMUR (studi kasus Putusan Nomor: 61/Pid.Sus/2018/PN.Pmk)

Sexual intercourse is a type of crime that impacts very badly, especially on victims. Sexual intercourse is a violation of human rights and can damage human dignity, especially towards soul, lineage, and reason. At present there are many intercourse criminal acts whose victims are children. Children are the next generation of young people who struggle for the ideals of the nation in the future, therefore we must guard children and protect them from bad deeds or as victims of someone's bad deeds. Therefore, the perpetrators of criminal offenses against children must be subject to appropriate and fair criminal. The problems of this study are: 1) to find out the legal consequences if the criminal acts of intercourse with children have the role of the victim in committing a crime. 2) to find out the legal basis for judges in imposing criminal penalties on the decision Number: 61 / Pid.Sus / 2018 / PN.Pmk. Research uses empirical methods, and uses primary, secondary and tertiary data sources. From the results of the study it was concluded that the legal consequences of the defendant's actions against the victim could not be used as forgiving and justifying reasons to avoid legal entrapment. However, because these victims are still in the category of children, it cannot be equated with the perpetrators in Provocative victims. Because children do not have their own mindset and pattern of action. The judge's consideration in imposing a sentence against the defendant is still considered the sole perpetrator even though the victim provoked the defendant