Application of Criminal Sanctions in Handling Cases of Sexual Abuse Against Students (Case Decision Study Number: 194/Pid.Sus/2022/PN.Btg)

Abstract

Children are considered a valuable asset for a nation, they are the next generation who need protection and guarantee of welfare. The importance of the role of children in national development is reflected in the 4th paragraph of the Preamble to the 1945 Constitution of the Republic of Indonesia, which emphasizes the aim of the Indonesian state to "protect the entire nation and all of Indonesia's blood, promote general welfare, educate the life of the nation, and participate in implementing world order." In the context of child protection, Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection states that children, as shoots, potential, and the next generation of young people who will continue the ideals of the nation's struggle, have a strategic role with the characteristics and special characteristics that require protection from all forms of inhumane treatment that could result in violations of human rights. Therefore, legal protection and fulfillment of the rights of victims of sexual abuse are considered an urgent necessity. This research uses qualitative research methods, by in-depth analyzing court decision number 194/Pid.Sus/2022/PN.Btg. who handles cases of criminal acts of sexual abuse committed by a teacher against his students. The research results show that legal protection for children who are victims of abuse by teachers is regulated in Law Number 35 of 2014, as an amendment to Law Number 23 of 2002 concerning Child Protection. This research also reveals the basis for the judge's consideration in imposing a crime on the perpetrator of a crime that forces a child to commit obscene acts. This analysis provides a deeper understanding of the legal protection framework, especially in the context of the relationship between teachers and students. It is hoped that these findings will make a significant contribution to improving policy and legal implementation to more effectively protect children's rights in cases of abuse.