Perlindungan Hukum Terhadap Anak Korban Tindak Pidana Persetubuhan Secara Bersama-Sama (Studi Putusan Nomor 41/Pid.Sus-Anak/2024/Pn Mdn).

Abstract

Children are a gift from God Almighty, in whom there is a dignity and honor possessed by adults in general. Children are also the young generation who continue the nation and have a strategic role for a nation. One of them is the crime of child abuse, which causes anxiety and worry for the community. So children must get legal protection so that their rights can be protected, so that they can grow and develop properly. However, it should be noted that many cases are found in society where children are targeted by perpetrators of criminal acts of morality, such as the crime of sexual intercourse with children. Therefore, child protection is important for their welfare and ensures that all their rights are met fairly. This is the background for the researcher's interest in writing a thesis entitled Legal Protection for Child Victims of Criminal Acts of Joint Sexual Intercourse (Study of Decision Number 41/Pid.Sus-Anak/2024/Pn Mdn), by raising the issue of how the legal regulations regarding criminal acts of sexual intercourse against children as victims according to criminal law in Indonesia, how is the legal protection for child victims of joint sexual intercourse, and how is the judge's analysis in deciding the criminal act of joint sexual intercourse against child victims in decision Number 41/Pid.Sus-Anak/2024/Pn Mdn. The research method used is normative law through library research with a descriptive qualitative method, using secondary data sources from primary legal materials, secondary legal materials, and tertiary legal materials. The results of this study indicate that the legal regulations regarding criminal acts of sexual intercourse against children as victims are regulated in the old Criminal Code, the new Criminal Code, Law on Child Protection No. 35 of 2014 concerning Amendments to Law Number 23 of 2002 in conjunction with Government Regulation in Lieu of Law Number 1 of 2016 in conjunction with Law Number 17 of 2016, and Law No. 12 of 2022 concerning TPKS. Legal protection for child victims of sexual intercourse crimes has rights as child victims and forms of protection such as the victim's right to treatment, the victim's right to protection, and the victim's right to recovery. The criminal sanctions applied to the child defendants who committed the crime of sexual intercourse together against children as victims in the decision number: 41/Pid.SusAnak/2024/Pn Mdn are the first charge, namely Article 81 Paragraph (1) in conjunction with Article 76 D of Law of the Republic of Indonesia No. 17 of 2016 concerning Child Protection.