| dc.description.abstract | The state has a constitutional responsibility to protect children as the
nation's future generation, as stipulated in the Preamble and Article 28B of the 1945
Constitution of the Republic of Indonesia. However, complex socio-economic
conditions, including sexual exploitation practices, drive children's involvement in
criminal acts such as infanticide. The case of a child working as a lady companion
who became a perpetrator of infanticide in Medan District Court Decision Number
53/Pid.Sus-Anak/2023/PN Mdn illustrates the legal challenges in adjudicating
children as both criminal perpetrators and victims of sexual exploitation. The
research problems in this study are how the legal regulation of murder against
children is governed according to Indonesian criminal law, how the criminal
responsibility of children as lady companions who commit infanticide is addressed
in Medan District Court Decision Number 53/Pid.Sus-Anak/2023/PN Mdn, and
how the analysis of judicial considerations in Medan District Court Decision
Number 53/Pid.Sus-Anak/2023/PN Mdn relates to the protection of children as lady
companions who commit infanticide. The research method employed in this thesis
is normative legal research, which is legal research conducted by examining library
materials or secondary data obtained from primary legal materials, secondary
legal materials, and tertiary legal materials. The regulation of murder against
children according to Indonesian criminal law is governed by Law Number 1 of
1946 concerning Criminal Law Regulations in Articles 338-350, Law Number 1 of
2023 concerning the Criminal Code in Articles 458-465, and Law Number 35 of
2014 concerning Child Protection in Article 80 paragraphs (3) and (4). Criminal
responsibility for children as lady companions who commit infanticide is applied
based on the fulfillment of elements including capacity to be held responsible, fault,
and the absence of justification. The imposition of punishment against the child in
Medan District Court Decision Number 53/Pid.Sus-Anak/2023/PN Mdn has
formally fulfilled the aspects of criminal responsibility by imposing a two-year
prison sentence and two months of job training. However, the judge's
considerations have not reflected adequate protection for children as lady
companions in infanticide cases, thus requiring a more comprehensive approach
accompanied by recovery efforts to prevent recidivism and break the cycle of
exploitation against children post-conviction. | en_US |
