The title of this legal writing is a basic consideration offender of criminal sexual
abuse by eldery of a children. The formulation of the problem was whether in
considering the decision of criminal sexual abuse by eldery of children has paid
attention to the purpose and guidance of punishment? Because nowadays many
case in indonesia that children as a victim of sexual abuse, and many of that
caused by eldery. And when the judge decide to punish the perpretators already
saw the regulation of guidance of punishment or not. This legal writing used
normative method, and focused on the rule of law and the regulation. And the
conclusion of this legal writing was the judges has not paid attention and consider
the guidance of punishment before they judge people. And the age factor doesn’t
work on this cases. And the advice was judges should be more wise, prudent,
countius im taking the decisions of the perpreators