Analisis Penegakan Hukum terhadap Kekerasan Pelecehan Seksual Anak di Bawah Umur sebagai Pelaku Tindak Pidana

Abstract

This study aims to analyze the protection afforded to minors who commit sexual harassment and examine the judge’s legal considerations in Case Number 10/Pid.Sus-Anak/2023/PN Jkt.Tim. The study is motivated by the increasing involvement of children in sexual offenses, creating a dilemma between protecting child offenders’ rights and ensuring justice for victims. Indonesian law provides protection for children in conflict with the law under Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, emphasizing restorative justice, the best interests of the child, and imprisonment as a last resort (ultimum remedium). This study employs a normative juridical method using statutory, conceptual, and case methods. Legal materials were collected through library research and analyzed qualitatively using a deductive approach. The findings indicate that child offenders are entitled to procedural rights, legal assistance, guidance, rehabilitation, and placement in a Special Child Development Institution (LPKA). However, diversion was not applicable because the offense carried a statutory penalty exceeding seven years of imprisonment and involved serious violence. The judge’s considerations were based on the fulfillment of offense elements, evidence, aggravating and mitigating circumstances, and sentencing objectives. The study concludes that the decision sought to balance child protection with victims’ interests and demands for justice.