TINJAUAN YURIDIS ANAK SEBAGAI PELAKU TINDAK PIDANA PERSETUBUHAN TERHADAP ANAK DIPENGADILAN NEGERI TELUK KUANTAN (Putusan Nomor 7/Pid.Sus-Anak/2023

Abstract

The increasing number of cases of sexual violence against children in Indonesia not only positions children as victims, but also as perpetrators of criminal acts. Sexual intercourse with children is a crime against morality that has serious impacts on children's physical and psychological development. The phenomenon of children as perpetrators of criminal acts requires special attention because it concerns legal protection, guidance, and fulfillment of the principle of balanced justice. The state, through Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA), has regulated a special justice system for children, but its implementation still faces various obstacles. This study examines the Teluk Kuantan District Court Decision Number 7/Pid.Sus.Anak/2023/PN.Tlk with the aim of determining the modus operandi of children as perpetrators of the crime of sexual intercourse with children and the judge's legal considerations in issuing the verdict. The research method used is normative juridical with a descriptive-analytical nature, based on an analysis of court decisions, laws and regulations, and relevant legal doctrines. The results of the study indicate that the perpetrator's modus operandi is carried out through seduction and threats to distribute sexual videos to the victim. The panel of judges sentenced the child perpetrator to a correctional facility (LPKA), which aligns with the principles of restorative justice as stipulated in the Juvenile Justice and Child Protection Law. However, weaknesses were identified in the protection of the victim due to the absence of an order for rehabilitation or restitution. Therefore, the judge's legal reasoning was deemed not to fully reflect comprehensive justice for both the victim and the perpetrator.