Disparitas Putusan Tentang Tindak Pidana Persetubuhan Yang Dilakukan Oleh Anak Di Pengadilan Negeri Bengkulu

Criminal acts of sexual intercourse committed by children within the jurisdiction of the Bengkulu District Court increased from 2 cases in 2023 to 10 cases in 2025, with sentences ranging from 8 months to 3 years in cases of similar characteristics charged under the same provision, namely Article 81 paragraph (2) of Law Number 17 of 2016 on Child Protection, resulting in disparity in court decisions. This study aims to analyze the consistency of judges' considerations and the factors causing disparity in court decisions. The method used is empirical juridical with a case approach and a sociological approach, through interviews and document study, analyzed qualitatively. The results show that judges' considerations are uniform at the level of approach but not yet consistent in the outcomes of decisions due to the absence of sentencing guidelines. The disparity is caused by juridical, non-juridical, and institutional factors. Based on Soerjono Soekanto's theory of law enforcement, the legal factor is the most structural source of disparity. Therefore, harmonization among law enforcement officials in handling cases involving children is needed to achieve fairer,more consistent decisions that are oriented toward the best interests of the child.