Penentuan Kriteria Anak sebagai Korban pada Tindak Pidana Kekerasan terhadap Anak (Analisis Putusan Pn No.103/Pid.B/2023/Pn Sdr, Putusan Pt No.582/Pid/2023/Pt Mks Dan Putusan Ma No.1288 K/Pid/2023)

Abstract

Children are an inseparable part of the continuity of the nation and state, so legal protection for children as victims of violent crimes is very important. This thesis contains several problem formulations, namely: (1) how to regulate violent crimes against children according to Indonesian criminal law; (2) how to protect children as victims of crimes in the juvenile criminal justice system; and (3) how to determine the criteria for children as victims of violent crimes against children based on the analysis of District Court decisions No. 103 / PID.B / 2023 / PN SDR, High Court No. 582 / PID / 2023 / PT MKS, and Supreme Court No. 1288 K / PID / 2023. The research method used in writing this thesis is a normative legal research method that uses secondary data obtained from primary, secondary, tertiary legal materials in library research and data analysis used in this study is qualitative analysis. The results of the study show that the regulation of criminal acts of violence against children has been regulated in various laws and regulations, such as the Criminal Code, the Child Protection Law, the Law on Sexual Violence, and the Law on the Eradication of Criminal Acts of Human Trafficking, which emphasize special protection for children under the age of 18. However, there are differences in interpretation in judicial practice, where the District Court and the High Court consider that married children no longer have the status of children on the grounds that physically, psychologically, and socially a person who is married is considered to have personal perfection both physically, psychologically and socially so that they can no longer be categorized as children who do not yet have physical, psychological or social maturity. Meanwhile, the Supreme Court emphasized that the status of a child remains attached as long as the victim is under the age of 18, regardless of marital status. In conclusion, the criteria for children as victims of criminal acts of violence must be based on the age limit under 18 years according to the provisions of the law, without being influenced by marital status. Consistency and harmonization of the application of the law are very necessary to ensure maximum protection for child victims of violence.