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Original Research

JURIDICAL ANALYSIS OF CHILD ABUSE CRIMES COMMITTED BY CHILDREN

JOKO SRIWIDODO

Vol 19, No 03 ( 2024 )   |  DOI: 10.5281/zenodo.10853242   |   Author Affiliation: Postgraduate, Bhayangkara Jakarta Raya University, Indonesia.   |   Licensing: CC 4.0   |   Pg no: 644-656   |   Published on: 21-03-2024

Abstract

This research aims to analyze criminal acts of sexual abuse against children from the perspective of criminal law and to analyze the application of criminal law to criminal acts of child molestation committed by children in Decision Number 8/Pid.SusAnak/2017/PN.Tgn. This research was carried out at the Tangerang District Court using primary data and secondary data. This research method uses a descriptive qualitative approach. The data collection techniques used were the library method and interview method, and then the data obtained was analyzed descriptively and qualitatively. The results of this research show that: (1) Acts of sexual abuse against children from the perspective of criminal law are qualified in Article 290-296 of the Criminal Code (KUHP) as lex generalis as well as Article 76E and Article 82 of Republic of Indonesia Law No. 35 of 2014 concerning Amendments to the Republic of Indonesia Law no. 23 of 2014 concerning Child Protection as lex specialis. (2) The application of material criminal law to perpetrators of criminal acts of child molestation in Case Number 8/Pid.SusAnak/2017/PN.Tgn is correct/correct. The Panel of Judges stated that the defendant MF had been legally and convincingly proven guilty of committing the crime of child molestation as regulated and punishable by crime in Article 82 Jo. Article 76E Republic of Indonesia Law no. 35 of 2014 concerning Amendments to Republic of Indonesia Law no. 23 of 2002 concerning Child Protection.


Keywords

Juridical Analysis, Crime, Child Abuse.