TINJAUAN YURIDIS TINDAK PIDANA PERSETUBUHAN OLEH ANAK TERHADAP ANAK SEBAGAI KORBAN DI PENGADILAN NEGERI TELUK KUANTAN (STUDI PUTUSAN NOMOR : 9/PID.SUS/ANAK/2024/PN.TLK)

Abstract

Children are human resources who hold a strategic role as the successors of the nation’s ideals; therefore, their development and protection are the responsibility of both the state and society. However, the increasing number of deviant behaviors among children indicates weak supervision from families and social environments. One form of such deviance is the criminal act of sexual intercourse committed by a child against another child, which reflects both moral and social issues while also posing a challenge to achieving justice in juvenile law enforcement. This study aims to analyze the factors causing the criminal act of sexual intercourse committed by a child against another child and to examine the judicial panel’s considerations in rendering a verdict for the child offender in Case Number 9/Pid.Sus/Anak/2024/PN.Tlk. The research employs a normative legal approach with a descriptive-analytical nature, based on the theory of child protection and the theory of the juvenile criminal justice system. Data were obtained from primary legal materials in the form of court decisions, secondary legal materials in the form of legislation and legal literature, and tertiary legal materials such as legal dictionaries and other supporting sources. The results indicate that the criminal act of sexual intercourse committed by a child against another child occurs due to factors such as persuasion, deceit, environmental influence, and weak moral education and parental supervision. In its considerations, the panel of judges referred to Article 81 paragraph (2) in conjunction with Article 76D of Law Number 17 of 2016 concerning Child Protection, as well as Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, taking into account juridical, justice, and humanitarian aspects for both the perpetrator and the victim.The study concludes that sentencing for child offenders emphasizes the principles of guidance and the best interests of the child to prevent the recurrence of similar criminal acts in the future.