TINJAUAN YURIDIS PERLINDUNGAN HUKUM TERHADAP ANAK DIBAWAH UMUR YANG MENJADI KORBAN TINDAK PIDANA ANAK

Abstract

Basically, every adult and child is a legal subject who has rights and obligations for all Indonesian people and must be protected by applicable law or norms, as stated in Article 1 paragraph (3) of the Constitution of the Republic of Indonesia Year 1945 which states that; "The State of Indonesia is a state of law". How is the judge's consideration in decision number 23/Pid.Sus.Anak/2018/Pn.Yyk? To find out whether the judge's considerations in deciding cases are appropriate or not and to find out whether the application of law in child protection is appropriate or not in protecting children from victims and perpetrators. This thesis uses normative legal research. Normative legal research methods are often also called "theoretical legal research". In normative research secondary data as a source/information material can be primary legal material, secondary legal material and tertiary legal material. The judge's considerations in cases of crimes of violence against children are from juridical considerations and non-juridical considerations. In the juridical considerations the judge considered the indictment of the public prosecutor namely article 80 paragraph (1) of Law Number 35 of 2014 concerning amendments to Law Number 23 of 2003 concerning child protection, witness statements and evidence that has been submitted in court, while In non-juridical considerations the judge considers aggravating and mitigating circumstances for the offender's child. The application of the law to child perpetrators dealing with the law as perpetrators of crimes of violence against children has not been or is still not in accordance with the provisions of Article 80 paragraph (1) of law 35 of 2014 concerning amendments to law number 23 of 2003 concerning child protection.