Juridical Review of the Criminalization of Perpetrators of Sexual Violence Against Children (Study of Decision Number: 815/Pid.Sus/2025/PN.Tjk)
DOI:
https://doi.org/10.33751/palar.v12i1.65Abstract
Abstract
Sexual violence against children constitutes a serious crime that causes long-term physical, psychological, and social harm and requires optimal legal protection through the criminal justice system. This study aims to analyze the application of criminal law and the judge’s considerations in sentencing perpetrators of sexual violence against children based on Decision of the Tanjung Karang District Court Number 815/Pid.Sus/2025/PN.TJK. The research employs normative juridical and empirical juridical approaches by examining relevant laws and regulations as well as analyzing court decisions. The results indicate that the judges appropriately applied the elements of the criminal offense and considered child protection aspects, evidentiary factors, the condition of the perpetrator, and the impact on the victim. The sentencing imposed in the decision fulfills the principles of legal certainty, justice, and expediency. Nevertheless, strengthening regulations and enhancing the capacity of law enforcement officers remain necessary to ensure comprehensive handling of cases of sexual violence against children and to prioritize victim protection.
Keywords: punishment, sexual violence, children, child protection, judicial considerations
References
A. Laws and Regulations
Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection.
Law Number 12 of 2022 concerning the Crime of Sexual Violence (TPKS).
Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA).
B. Journal
Fitriani, S. (2019). "Juridical Analysis of Sexual Violence Against Children in the Perspective of the Child Protection Law." Journal of Legal Opinion, 7(2), 112–124.
Herlambang, W. (2022). "Analysis of the Application of the TPKS Law in the Law Enforcement of Sexual Violence in Indonesia." Indonesian Journal of Legislation, 19(3), 157–171.
Iskandar, M. (2020). "Criminalization of Perpetrators of Sexual Violence in the Juvenile Criminal Justice System". Judicial Journal, 15(2), 155–170.
Lestari, N. (2018). "Psychological Trauma of Child Victims of Sexual Violence and the Role of the Justice System". Journal of Social Psychology, 6(1), 78–89.
Rahmawati, F. (2017). "Protection of Minors from Sexual Crimes". Journal of Law Ius Quia Iustum, 24(1), 92–109.
C. Books
Gultom, Maidin. (2012). Legal Protection of Children in the Juvenile Criminal Justice System. Bandung: Refika Aditama.
Lamintang, P.A.F. (2017). Basics of Indonesian Criminal Law. Bandung: Citra Aditya Bakti.
Moeljatno. (2008). Principles of Criminal Law. Jakarta: Rineka Cipta.
Munir, Abdullah. (2014). Child Protection in the Criminal Justice System. Malang: Setara Press.
Suharto, Edi. (2018). Sexual Violence Against Children and Its Countermeasures. Jakarta: Rajawali Press.
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