This study aims to analyze the evidentiary testing system through the pretrial relatedto the crime of child sexual abuse. To know and to analyze the judge’s considerationin deciding the pretrial application of child sexual abuse.This study uses normative research method which is carried out by studying thetheories, the concepts, the views and the legal forms related to this study. Empiricalresearch method is carried out through fact approach and phenomenon.The result shows that in the pretrial evidence testing is investigation phase. In theinvestigation process, the plaintiff has collected the evidence and never examined tothe respondent as a suspect. Yet, the defendant immediately established the plaintiffas a suspect based on the notification letter and determination later given to thesuspect at the same time. In the investigation phase, the defendant arrested anddetained the plaintiff based on the sufficient evidence. The sufficient evidence usedby the defendant is obtained from the investigation process. As a result, thedefendant seems like imposing the plaintiff to be a suspect. In judge’s evidencetheory, judges cannot give a sentence to a person unless there are at least 2 validevidences. Therefore, the law on criminal act of sexual violence cannot be appliedbecause the law has just been legalized in 2022. Meanwhile, the case occurred in2021. In taking a decision, the judges should fulfill 3 principles when they want totake a decision in the court. But, they only sometimes focus on one dominant aspectwithout ignoring other principles. Furthermore, the three principles become a guidefor any legal action. Unfortunately, the three principles often clashes with the legalcertainty or legal certainty clashes with the benefits.