Criminal Responsibility for Children as Perpetrators of the Crime of Sexual Abuse in the Tangerang District Court

(Case Decision Study Number: 03/Pid.Sus-Anak/2020/PN.Tgn)

Abstract

The aim of this research is to analyze the legal construction of criminal responsibility for children as perpetrators of criminal acts of sexual abuse and to analyze the basic legal considerations in imposing criminal sanctions on children as perpetrators of criminal acts of sexual abuse. The research method uses a descriptive qualitative approach, the data source in this research is primary research field data. Data collection techniques include observation, interviews. Secondary data was obtained from literature studies related to the focus of this research. The results of the research show that the legal construction of criminal responsibility for children who are perpetrators of criminal acts of sexual immorality is that the judge has made an analogy of the actions of children who are perpetrators including the category of criminal acts of sexual immorality, in the Law in Article 76E of the Law which is regulated in Article 82 of Republic of Indonesia Law No. 17 of 2016 concerning Child Protection. The sanctions against child perpetrators are the two main criminal sanctions regulated in article 71 paragraph 1 of the Juvenile Criminal Justice System Law. The basis of the judge's legal considerations in handing down a decision is juridical in nature and is based on the facts in the trial. Non-juridical content contains things that lighten and make things worse. Criminal responsibility applied to children who commit criminal acts must take into account the best interests of the child.