ANALISIS YURIDIS PERLINDUNGAN HUKUM TERHADAP PELAKU TINDAK PIDANA KEKERASAN SEKSUAL YANG DILAKUKAN OLEH ANAK

Abstract

Children are the most important part that cannot be separated from human survival and the sustainability of the nation and state. Therefore, children must be guaranteed to fulfill their rights and obligations as widely as possible in order to grow and develop optimally, both physically, mentally and socially. This is in accordance with what is stated in Law Number 35 of 2014 concerning Child Protection. The problems in this research are 1). What are the aspects of legal protection for children as perpetrators of criminal acts of sexual violence? 2). How do judges consider when deciding criminal cases of sexual violence committed by children in terms of the elements of justice and deterrent effect in decision number: 19/Pid.sus anak/2022/PN Pwr. This research uses a type of normative juridical research by conductinga review statutory regulations, book, and other sources related to the object of study. After that, the author qualitatively analyzes the data obtained on the object of study. There are several factors in the lack of guaranteed legal protection in imposing sanctions, namely in the form of imprisonment for child perpetrators which will affect the child’s psychology and mental health so that their growth and development.