Putusan Pengadilan Terhadap Tindak Pidana Persetubuhan Bagi Anak

Abstract

This study examines the application of the law in the case of the crime of sexual intercourse against children in Eastern Seram Regency as outlined in Court Decision Number 2/Pid.Sus-Anak/2023/PN Dth. The main problem in this study is the inconsistency between the normative provisions regulated in the Child Protection Law and the reality in the application of the law by law enforcement officials. In this case, the perpetrator who is still a child is sentenced to prison for only 3 years, even though Articles 81 and 82 of Law Number 35 of 2014 regulate criminal threats of up to 15 years. This phenomenon shows an inequality between das Sollen (what should be according to the law) and das Sein (what happens in legal practice). Through a normative approach and case studies, it was found that legal regulations in Indonesia, both in the Criminal Procedure Code and the Child Protection Law, have not provided optimal certainty and protection for children as victims of sexual crimes. Not only in terms of imposing criminal sanctions, but also in terms of fulfilling the rights of victims and victims' families, such as the right to obtain information about the perpetrator's freedom status and the right to post-verdict protection. The ambiguity of norms and the lack of technical rules reinforce the conclusion that the legal system is still perpetrator-oriented and has not paid serious attention to the recovery of child victims. Thus, it is necessary to evaluate and reformulate legal protection policies for child victims of sexual violence, both in the form of strengthening regulations, empowering child protection institutions, and optimizing the implementation of the principle of the best interests of the child at every stage of the legal process. The state, through its regulations and apparatus, must be actively present in guaranteeing the rights of victims and preventing the recurrence of sexual violence against children in the future.