TINJAUAN YURIDIS PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA PERSETUBUHAN (Studi Putusan Pengadilan Negeri Teluk Kuantan Nomor 4/Pid.Sus-Anak/2021/PN. Tlk)

Abstract

A child is someone who is not yet 18 (eighteen) years old, including children who are still in the womb. Children are the nation's next generation who must be protected. The problem in this research is how is the legal protection for children as perpetrators of criminal acts of sexual intercourse based on the decision of the Teluk Kuantan District Court Number 4/Pid.Sus-Anak/2021/PN.Tlk, and how do judges consider children as perpetrators of criminal acts of sexual intercourse based on the court's decision? Teluk Kuantan State Number 4/Pid.Sus-Anak/2021/PN.Tlk. For this writing, the author uses a type of normative legal research, namely using various secondary data such as statutory regulations, court decisions, legal theory, and can be in the form of opinions of scholars, then this research is analytical descriptive. Based on the research results, it can be concluded that legal protection for children as perpetrators of criminal acts of sexual intercourse based on the Kuantan Bay District Court Decision Number 4/Pid.Sus-Anak/2021/PN.Tlk includes: (1) Providing special companions; (2) Pay attention to the age of young children; (3) Pay attention to the child's future; (4) Imposing appropriate sanctions for children; (5) Examinations of children's cases are carried out in closed sessions to the public; and (6) The case examination is carried out by a juvenile judge. And the judge's considerations regarding children as perpetrators of the crime of sexual intercourse based on the Decision of the Teluk Kuantan District Court Number 4/Pid.Sus-Anak/2021/PN.Tlk are 2 (two), namely: (1) Juridical considerations include considering the charges from the Public Prosecutor, statements from witnesses, statements from the defendant, evidence in the form of letters, legal facts obtained, as well as evidence submitted to the trial; (2) Non-juridical considerations include weighing the aggravating and mitigating circumstances of the Child Defendant. The aggravating circumstances include: (1) The actions of the Child Defendant were carried out with violence so that Witness 1 was helpless and afraid; (2) The actions of the Child Defendant resulted in Witness 1 becoming pregnant and giving birth to a daughter; (3) The actions of the Child Defendant caused Witness 1 and his family to be expelled from their home by the local community; (4) The actions of the Child Defendant traumatized Witness 1 and he no longer went to school; and (5) Peace has not been achieved between the family of Witness 1 and the family of the Child Defendant. Then the mitigating circumstances include: (1) The juvenile defendant admits his actions; (2) The juvenile defendant regrets his actions and promises not to repeat his actions; (3) The juvenile defendant is still young and has never committed a crime before; and (4) the juvenile defendant behaves politely during the trial.