ANALISIS YURIDIS TERHADAP PELAKU ANAK DALAM PERKARA TINDAK PIDANA PENCABULAN (Studi Putusan No. 3/Pid.Sus.Anak/2021/PN.PMN)

Abstract

Obscenity committed by minors is motivated by the importance of protecting minors in legal
matters. violation of these provisions is violated in Article 82 paragraph (1) in conjunction with
Article 76 Letter E of Law Number 23 of 2002 concerning Child Protection in conjunction with
Law Number 17 of 2016 concerning Stipulation of Government Regulation in Lieu of Law
Number 1 of 2016 concerning the second amendment on Law Number 23 of 2002 concerning
Child Protection as stated in the indictment PDM-02/PARIA-Child/03/2021. In this case, it is
stated that RA commits violence or threats of coercive violence, commits deception, commits a
series of lies, or persuades children to commit or allow obscene acts.
.3/Pid.Sus.Anak/2021/PN.PMN? 2) What is the judge's consideration in giving a decision to a
child as a perpetrator of the crime of obscenity in case No. 3/Pid.Sus.Anak/2021/PN.PMN? This
study uses a normative juridical approach. The data source is secondary data, which consists of
primary, secondary, and tertiary legal materials. Data were collected by document study and
analyzed qualitatively. Conclusions (1) The application of criminal acts of sexual abuse against
minors in the decision No.3/Pid.Sus.anak/2021/PN.PMN there is a difference between the
prosecutor's demands and the judge's decision. The Prosecutor demands job training for 6 months
while the judge returns the child to his/her parents (2) The judge's consideration in imposing a
criminal offense against the perpetrator of the criminal act of molesting a minor is based on
juridical considerations and non-juridical considerations.
Keywords: Juridical Analysis, Child Perpetrators, Obscenity