Vol. 5, No. 7, July 2024

E-ISSN: 2723-6692

P-ISSN: 2723-6595

http://jiss.publikasiindonesia.id/

Jurnal Indonesia Sosial Sains, Vol. 5, No. 7, July 2024 1752

State of Indonesia is a state of law." The state of law is organized based on laws that guarantee justice

for its citizens. Children are a special part of human life and the country's continuity (Nugroho, 2017).

Children are the hope and dream of a nation; they are the most important part of the young generation

who have opportunities for the success of a country, with talent who can contribute in terms of

thoughts, ideas, and decisions. Therefore, children need education and protection for a good future.

Both in mental, physical, and social organizations that are equal to each other (Sciences et al., 2019;

Sulastri & Rochmansyah, 2024; Suparmono, 2000).

The definition of a child, as interpreted by Law No. 1 of 2016, which was stipulated as Law

Number 17 of 2016 concerning Child Protection, is a person in the womb up to no more than 18

years old. Children are a gift from God, and children need to get protection from actions that can

harm them because they need to continue their lives in a good environment. inside (internal) or

outside (external) the environment, to avoid discrimination and violent crimes (Yusra & Susanti,

2022).

The sign of concern of the world's population for children's rights and the interests of their

protection was approved by the United Nations on November 20, 1989. Alternatively, what we know

as the UN Convention on the Rights of the Child, which Indonesia ratified as a member of the United

discussion, namely violations of the law, nature, acts of deviation from the norms imposed, and

violations of the law. This is the act of a child in the form of a violation of legal and social norms

(Soetodjo, 2008). Regarding the abuse carried out by children, the term obscenity originated from the

root word "obscene," which, as KBBI, has the meaning of dirty and heinous (such as violations of

decency and others), bad behavior (violation of morality), acts that are not in accordance with

morality. In contrast, obscenity, according to the legal dictionary, has the meaning of acting indecently

or having an intimate relationship with someone (Harefa, 2013).

Criminal justice today sometimes still treats child perpetrators as perpetrators of crimes made

by someone who can already be held accountable for their actions. Children are seen as capable and

can take responsibility for their actions and deserve the same punishment as adults, which also

prevented from repeating the crime. However, based on a study conducted by Bappenas, Puspaka,

and Unicef (2022), one of the biggest problems in Indonesia related to the judicial mechanism for

juvenile crimes lies in the issue of prevention, protection, and data collection. This causes children

who face the law to have more vulnerable conditions than they should. This can be seen from the

disparity in the recovery process between the victim and the perpetrator. Recovery only focuses on

the victim, so the implementation of rehabilitation and recovery for children as perpetrators has not

been carried out optimally.

In order to maintain the originality of this research, there is a research model that the

researcher will propose that is similar to this research, namely: Litia Pratidina Sembiring, with the

thesis "Legal Protection of Children as Perpetrators of Sexual Acts", Master of Law, University of

Jurnal Indonesia Sosial Sains, Vol. 5, No. 7, July 2024 1754

Medan Area, in 2018. Research on children who carry out criminal molestation crimes is used by Law

No. 35 of 2014 to apply criminal penalties to child offenders to ensure that their rights are maintained.

Use and protect when children are judged. If understood, the problem for the judge is that he needs

to refer to the three principles of the law, namely justice, utility, and legal certainty. Meanwhile, the

perpetrator's child receives protection according to Law No. 35 of 2014, which explains child

protection. These namely various activities protect and guarantee children and children's rights so

that they can develop, live, grow, and actively participate while respecting human dignity".

2. Materials and Methods

in the field, where, of course, this case is related to events or legal cases that take place in the

field.

raised. The researcher must understand the hierarchy and various principles contained in the

Source The most important legal material used in normative research is literature study, while

secondary data is used.

Primary Legal Materials are binding legal materials. The peripheral legal materials in this

research proposal for this thesis are: the Constitution of the Unitary State of the Republic of Indonesia

Year 1945, Law of the Republic of Indonesia Number 39 of 1999 concerning Human Rights, Criminal

Second Amendment to Government Regulation No. 27 of 1983 concerning the implementation of the

Criminal Procedure Code, Police Chief Regulation Number 6 of 2019 concerning Criminal

Investigation.

Secondary legal materials consist of textbooks produced by legal experts, legal magazines,

scientific views, legal cases, jurisprudence, and the results of symposiums related to writing (Ibrahim,

2018). Tertiary legal materials are materials or writings that can add explanations to the primary and

secondary legal materials, consisting of legal dictionaries, large Indonesian dictionaries, and

encyclopedias.

Data is collected from notes, transcripts, views, literature books, and documents relevant to the issue

discussed. Legal materials are analyzed qualitatively, using norms, principles, principles, and

doctrines to provide deductive juridical arguments. The result of this analysis is a general conclusion

explaining the relationship between different types of data to answer concrete problems.

3. Result and Discussion

Legal Arrangements for Children Who Commit Criminal Acts of Molestation

Molestation is a common phenomenon, especially now that there are still high cases of sexual

violence against children. Children have a very special personality where they can act according to

their feelings and thoughts. However, it is undeniable that the environment also affects children's

is intended as a sanction for child perpetrators who violate the law. The reason for the use of the

legislation is to ensure that the rights of children sued by the court are still respected and protected.

Bad children in this case can be interpreted as individuals aged 12-18 years with suspicion of having

committed a crime. Suppose a child here commits an act of sexual violence but first seduces the victim.

In that case, the act is different from Article 76 E of the Child Protection Law, which explains: "All

individuals are not allowed to threaten violence or commit violence, coercion, a series of lies, fraud,

or persuasion to a child to commit sexual assault or let it go".

The punishment in Article 82 of the Child Protection Law is:

impose a maximum of 10 years in prison. Then with regard to the imposition of sanctions for the

perpetrator's child, the judge is required to take into account the needs of the child, especially for the

rights he has as a child. The 1945 Constitution as the highest norm outlines that "all children have the

right to develop, grow, maintain the continuity of their lives and have the right to be protected from

discrimination and violence".

Regarding the act of molestation carried out by a child, in accordance with Article 82 paragraph (1)

of the Child Protection Law, it can be explained that there is no reason whatsoever in abolishing the

crime of a child if he can be responsible (mentally and physically healthy). Even so, the judge must

still take into account that the child is still a "child" by considering the value of justice and what is

Jurnal Indonesia Sosial Sains, Vol. 5, No. 7, July 2024 1756

behind the criminal act, so that then the judge can sanction the child with the form of action. This

action is in accordance with Law Number 11 of 2012 Article 82, namely:

criminal justice".

Therefore, it is necessary to seek diversion in juvenile criminal justice from the level of

prosecution, investigation, and examination of cases. Then in carrying out this diversion, there are

requirements that need to be considered, such as in Law No. 11 of 2012 Article 7 paragraph (2),

where:

and no repeated criminal acts".

These requirements have a comprehensive nature or both need to be met, and cannot be just one. So,

the act of molestation carried out by a child, therefore violating Law No. 11 of 2012 Article 76 E, makes

diversion impossible to pursue.

imprisonment for more than 7 years and was included in the repetition of the crime even though the

court issued no previous decision, but not only 1 child but 8 children who were victims of molestation.

The judge should see the interests and conditions that are best for the child. The legal regulation of

children who carry out criminal abuse is contained in Law No. 11 of 2012 concerning the juvenile

criminal justice system. If the age of the child is under 12 years old, diversion must be sought, and

handed over to parents to be guided and distributed properly. Meanwhile, if the child of the criminal

offender is over 12 years old and under 18 years old, it is not a repetition of the crime, and the threat

is under 7 years old. Diversion must still be sought by looking at the conditions and various factors

that trigger the child to commit a crime.

Diversion is not only carried out in the police but also in the prosecutor's office and the courts. The

implementation of diversion that the PPA Unit should carry out with the process is:

Center) so that community supervisors can assess the psychological condition and background

of the child, thereby still prioritizing the interests of the child.

investigator summoned the victim, the victim's parents, the perpetrator's children, the

perpetrator's parents, the RT/RW, companions from special institutions for victims, social

welfare workers, correctional centers as children's companions, and from the police. Where

by the victim and child as the perpetrator and the parties involved is completed by deliberation.

agreement between the two and signed by all parties. Then, the legal process continued to the

next stage.

Why this needs to be considered, if you look at the cases that are outlined in this specific, there

that is mastic and not handled properly, this will have an impact on AW's future.

The concept of legal protection of children as perpetrators of obscenity crimes.

The 1945 Constitution explains that "the state protects abandoned children and the poor". Then

this was reaffirmed through the regulation on Child Welfare in Law Number 4 of 1979, which

describes "welfare, namely the livelihood and life of children that can guarantee the development and

natural growth, both social, spiritual, or physical".

Crimes committed by children have recently become commonplace and require more attention

by the family, society, and the government. After all, children can be perpetrators or victims of

violence. Fundamentally, a crime or criminal act will give rise to a sanction or punishment. The child

Jurnal Indonesia Sosial Sains, Vol. 5, No. 7, July 2024 1758

In accordance with the decision of Judge Julius Panjaitan, S.H., M.H., on Thursday, January 27,

2022, at the West Jakarta District Court, the result of the decision from the criminal judge was 10

months in prison at LPKA Cinere and carried out 6 months of job training at Class I Bapas West

Jakarta. The Navy here needs attention and optimal psychological recovery. Because the previous AL

was a victim, the lack of attention and deeds of this adult are considered right, and no witnesses are

given. So the actions that the Navy did to the victims were not a mistake, and everything was

considered ordinary and could be done by anyone.

In addition, there needs to be a role from institutions to continue to supervise children to avoid

discrimination and focus on rehabilitation and psychological recovery for children as perpetrators.

So it is very important for parents, families, the environment, and child protection institutions

to carry out socialization and prevention so that children can understand, understand and avoid

criminal acts. Regarding the implementation of legal protection for children in the West Jakarta

District Court, apart from being based on Law Number 11 of 2012 and Law Number 17 of 2016, it also

refers to the judge's belief in a crime, because basically all decisions are made from the judge's beliefs

and still take into account the rights of the child as well as his best interests.

Children's criminal justice in this context includes all examinations and decisions of criminal

cases involving children, then the system applied is also not the same as criminal cases by adults.

Soedarto explained that juvenile justice includes all examination processes and determination of

cases related to the interests of children (Wahyono, 1993).

Then in Article 4 of Law No. 11 of 2012 it is explained that children who are in prison have the

right to:

c. Parole;

require the support of other individuals in protecting themselves, especially when looking at their

circumstances and environment, especially when dealing with a justice system that is unfamiliar to

them. Children must be protected from abuse of laws and regulations that apply to those who cause

psychological, physical, and mental harm.

The purpose of children's criminal law is closely related to the goal of realizing the "best

interests of the child," which is fundamentally an important part of social welfare. The debate on legal

protection in the context of children's criminal law is certainly about laws that concern a series of

examinations of children as parties who commit crimes, starting from the time in the police

(investigation and investigation), prosecution (prosecutor's office), courts, and correctional

institutions which make it can be considered an aspect of child protection.

human beings have rights inherent in them as a divine gift as stated in Articles 52-66 of Law No. 39

of 1999 concerning Human Rights (Indonesia, 1999).

The child who was originally a victim imitated the behavior of the perpetrator of the crime of

molestation, where the victim was himself, who is now the perpetrator of other children. Meanwhile,

in Law No. 11 of 2012, the principles adopted include:

Jurnal Indonesia Sosial Sains, Vol. 5, No. 7, July 2024 1760

Juvenile justice institutions should also prioritize restorative justice processes and strive for

diversity to ensure peace between victims and children, non-judicial resolution of children's

problems, prevention of deprivation of children's freedom, encouragement of community

participation, and instilling a sense of responsibility in children.

The protection provided to children by the Criminal Code (KUHP) is as follows: (Prints, 2000)

research, guidance, supervision and assistance of children inside and outside the judicial

process.

institutions, who has the competence and profession of social work as well as concern for social

work obtained through education, training, and/or experience in social work practice to carry

out service duties and handle children's social problems.

service duties and handle social problems and/or a person who works in both government and

outside the court, and who meet the requirements based on the provisions of laws and

regulations.

institution or place where children serve their criminal term.

for children during the judicial process.

service institution or place that implements social welfare for children.