Legal Analysis of Criminal Regulations in Cases Criminal act Child Abuse Under Law Child Protection Act
DOI:
https://doi.org/10.62951/ijsl.v1i4.198Keywords:
Criminal Regulation, Criminal Acts, ObscenityAbstract
In Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, there is an article that prohibits obscene acts, which is regulated in Article 76E which reads: "Everyone is prohibited from committing violence or threats of violence, coercing, committing tricks, committing a series of lies, or persuading children to commit or allow obscene acts to be committed." Furthermore, Article 76D which reads: "Everyone is prohibited from committing violence or threats of violence to force a child to have intercourse with him or with another person This research was conducted with the aim of finding out how to protect the law for children who are victims of criminal acts of obscenity and how to prove and apply the law to criminal acts of obscenity committed by children. . The research method conducted in this study is a normative juridical research method so that it can be concluded as follows: 1. Child protection is regulated in Law Number 23 of 2002. In addition to Law No. 23 of 2002 concerning Child Protection in protecting victims of child molestation, Law No. 13 of 2006 concerning the Protection of Witnesses and Victims can also protect victims of child abuse and victims of other criminal acts.2. Evidence in the crime of obscenity uses evidence in accordance with the Criminal Code. The valid evidence according to Law No. 8 of 1981 is regulated in Article 184 of the Criminal Procedure Code which consists of witness statements, expert statements, letter of recommendation, and information of the defendant. In the application of the law against child molesters, Article 82 of Law Number 23 of 2002 concerning Child Protection can be applied by using the mechanism and system of child justice, namely Law Number 11 of 2012 concerning the Child Criminal Justice System.
Downloads
References
Afdhaliyah, N., Ismansyah, I., & Sabri, F. (2019). Legal protection for children as victims of sexual abuse. Kanun Journal of Legal Science, 21 (1).
Amoi, NF, & Setyorini, EH Molestation as a result of continued acts. Journal of Legal Studies, 14 (28).
Annisa, F. (nd). Law enforcement against children who commit crimes of sexual abuse in the concept of restorative justice. Journal of Law, 7 (2), 205.
Arif Gosita. (1999). Legal aspects of child protection and the convention on the rights of the child, legal era. Scientific Journal of Law, 5 (4).
Darmakanti, NM, & et al. (2022). Handling of child victims of violence. Journal of Yustisia Communication, Ganesha University of Education, 5 (2).
Fahrurrozi. (2018). Review of the criminal punishment system in the concurrency of criminal acts according to the Criminal Code. Journal of Legal Studies, 9 (2), October.
Faisal. (2021). Criminal law in the dynamics of principles, theories, and opinions of criminal experts. Jakarta: Kencana.
Gultom, M. (2014). Legal protection for children in the juvenile criminal justice system in Indonesia. PT Refika Aditama.
IAIN Tulungagung. (nd). Sexual harassment between children from a criminal law perspective. Ahkam Journal, 4 (2).
Ikhwan Rays, HM Several factors that cause child molestation. Jurnal Yustisiabel, 4 (1).
Juliana, R., & Arifin, R. (nd). Children and crime: Causal factors and legal protection. Jurnal Selat, 6 (2), 228.
Journal of Citizenship. (2023). Vol. 7 (1), June.
Maramis, F. (2012). General and written criminal law in Indonesia. Jakarta: Raja Grafindo Persada.
Marpuang, L. (2004). Crimes against morality and their prevention issues. Jakarta: Sinar Grafika, 50.
Moeljatno. (2008). Principles of criminal law. Jakarta: Rineka Cipta, 64.
Moha, H. (2022). Legal analysis of criminal responsibility by perpetrators of child molestation in Gorontalo City. Journal of Islamic Family Law, 2 (1).
Mustafa Bola, J. (2004). Guidelines for examining legal cases. Makassar: Faculty of Law, Hasanuddin University.
Pratiwi, RA Legal protection for child victims of sexual violence crimes is reviewed from the perspective of Law Number 17 of 2016 concerning child protection.
Prodjodikoro, W. (2003). Principles of criminal law in Indonesia. Bandung: Refika Aditama.
Riyadi, E. Legal protection for children as victims of marital rape.
Rosna, E., & Fatah, A. (2020). Criminal law. Sidoarjo: UMSIDA Press.
Shafina, TD (2020). Sentencing of imprisonment to children in conflict with the law who commit acts of indecent assault based on Law No. 11 of 2012 concerning the juvenile criminal justice system. Vol. 3 (2), September.
Simatupang, N., & Faisal. (2018). Child protection law. Medan: Pustaka Prima.
Thalib, H., Qahar, A., & Asliana, N. (2023). Legal protection for children as victims of sexual abuse. JOURNAL OF LEX GENERALIS (JLG), 4 (2).
Triwahyuningsih, S. (2018). Protection and enforcement of human rights (HAM) in Indonesia legal standing. Journal of Legal Science, 2 (2).
Viva Themis: Journal of Law and Humanities. (2022). Vol. 05 (02), July.
Yuwono, ID (2015). Application of law in cases of child molestation. Yogyakarta: Pustaka Yustisia.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2024 International Journal of Sociology and Law

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.