Regulatory Mechanism for Enforcement of Sanctions for Criminal Offenses for Children Under the Age

DOI

10.2991/978-2-38476-046-6_53How to use a DOI?

Keywords

Regulatory Mechanisms; Enforcement of Sanctions; Perpetrators of Obscenity; Children

Abstract

The childhood phase is a period of growth and development both physically and psychologically.Every child who is at this time is at the level of time to get the desire for something without considering the consequences of that decision.So in this case, the child has the potential to be a legal subject in a criminal case. As a form of violation of norms, crime requires accountability in order to create obedience to the law. The form of delinquency that is often carried out by these children can be in the form of actions that are contrary to immorality such as sexual abuse. Obscenity is a heinous act that violates decency or decency. One of the facts is the case of sexual intercourse committed by the accused child Rangga Desta aged 14 (fourteen) years with Case Register Number 8/Pid.Sus.anak/2022/PnTjk was declared to have been legally and convincingly proven guilty of committing a crime and the accused child Arfan Al Faris is 15 years old with Case Register Number 7/Pid.Sus- Anak/2022/PN Tjk.It is stated that he has been legally and convincingly proven guilty of committing a crime under Article 81 paragraph (2) of the Republic of Indonesia Law No. 17 of 2016 concerning the stipulation of government regulations in lieu of Law no. 01 of 2016 concerning the second amendment to the Republic of Indonesia Law Number 23 of 2002 concerning Child Protection. The difference in the sentencing decision for the obscenity case with the defendant amounting to 2 (two) children and 1 (one) victim becomes a question whether it is in accordance with the legal purpose to create justice. The type of research used in this research is normative juridical research through an inventory obtained from secondary data sources by literature study with qualitative data analysis. This research aims in the long term to identify and solve problems related to the imposition of sanctions on criminal acts of sexual abuse by children who have different legal considerations to create legal certainty.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Download article (PDF)

TY  - CONF
AU  - Budi Rizky Husin
AU  - Gunawan Jatmiko
AU  - Muhammad Farid
PY  - 2023
DA  - 2023/05/02
TI  - Regulatory Mechanism for Enforcement of Sanctions for Criminal Offenses for Children Under the Age
BT  - Proceedings of the 3rd Universitas Lampung International Conference on Social Sciences (ULICoSS 2022)
PB  - Atlantis Press
SP  - 535
EP  - 543
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-046-6_53
DO  - 10.2991/978-2-38476-046-6_53
ID  - Husin2023
ER  -