Accumulation of Criminal Penalties for Different Offences Committed against a Child: A Study of Supreme Court Decision No. 10825 K/Pid.Sus/2025

Abstract

The imposition of multiple criminal sanctions for different offences arising from a single course of conduct presents a complex issue in Indonesian criminal law, particularly when the victim is a child. The problem becomes more significant where offences involving sexual abuse, violence, or other forms of harm are charged cumulatively, potentially resulting in substantial differences in sentencing outcomes. This study examines Supreme Court Decision No. 10825 K/Pid.Sus/2025 to analyse the legal basis for the accumulation of criminal penalties for different offences committed against a child. The research seeks to determine how the Supreme Court distinguishes between multiple offences, establishes their relationship within the same factual circumstances, and applies the relevant rules on concurrence of offences and sentencing. This study employs a normative juridical method using statutory, conceptual, and case approaches. The primary materials include the Supreme Court decision, relevant provisions of Indonesian criminal legislation, and regulations concerning child protection and sexual offences. The analysis focuses on the judicial reasoning used to determine whether separate criminal liabilities may be imposed cumulatively and whether such an approach adequately reflects the seriousness of harm suffered by child victims. The study argues that cumulative sentencing should be based on clearly articulated criteria concerning the plurality of offences, protected legal interests, and the distinct nature of the resulting harm. The case demonstrates the need for greater doctrinal consistency in applying cumulative punishment while maintaining proportionality and prioritising the protection of children.