The Legal Responsibility of Perpetrators of the Crime of Sexual Intercourse Against Children (Decision Study No. 24/PID.SUS/2023/PN.PWT)

Abstract

Sexual crime and violence, especially the crime of sexual intercourse with minors, of course has an impact on the physical, psychological and social health conditions of victims, especially children and teenagers, this impact can be mild to severe. According to Law Number 35 of 2014 concerning Child Protection, violence against children is any act against a child that results in physical, psychological, sexual, and/or neglect, misery or suffering, including threats to commit acts, coercion, or deprivation of liberty. in a way that violates the law. The approach method used in this research is a normative juridical approach. The research specifications used are normative descriptive, primary and secondary data sources and use qualitative analysis. This writing analyzes the problems analyzed using law enforcement theory and legal responsibility theory. Research results: Efforts that can be taken to handle the crime of sexual intercourse are with a Criminal Policy or crime prevention policy, one of which can be taken through a Penal Policy. in case no. 24/Pid.Sus/2023/Pn. The PWT sentenced defendant SBM to prison for 9 (nine) years and a fine of IDR 100,000,000.00 (one hundred million rupiah). 24/Pid.Sus/2023/Pn. The PWT does not at all contain the fulfillment of the rights of child victims in obscene crimes. The court against the victim is not responsible for direct and concrete losses/suffering of the victim, but is focused on personal responsibility which is only facultative in nature, meaning that compensation (restitution) does not have a mandatory or imperative nature. This is inconsistent and a weakness in regulations regarding victim protection, especially in juvenile criminal justice. that if it is linked to statutory regulations regarding the protection of Child Victims, it will be seen how the rights to protect Child Victims can be applied in the juvenile justice process. Forms of protection for child victims include compensation (restitution), compensation and rehabilitation.