KEBIJAKAN HUKUM PENGENAAN SANKSI TINDAKAN BERUPA PROGRAM LATIHAN KERJA BAGI ORANG TUA YANG MENGEKSPLOITASI ANAK DALAM PEMBAHARUAN HUKUM PIDANA INDONESIA

Abstract

In the explanation of Article 76I of the Child Protection Act, it is explained
that everyone is prohibited from placing, allowing, doing, ordering to do or
participate in economic and/or sexual exploitation. However, until now various
kinds of problems regarding child protection are still difficult to handle, sanctions
against parents or anyone who exploits children, both economically and/or
sexually, is a maximum imprisonment of 10 years and/or a maximum fine of Rp.
200 million. However, to determine criminal sanctions often cannot be applied by
the authorities for several reasons. One of them is a dilemma by the police who
are in charge of arresting the perpetrators, in cases of child exploitation because
parents are forced to send their children to work to help them make ends meet.
The main problems in this research are: How is the regulation related to child
exploitation in Indonesia's current positive law; How is the effectiveness of the
legal policy regulating the imposition of sanctions for acts of exploitation of
children by parents in the renewal of Indonesian criminal law.
The type of research used in this research is normative legal research or it
can also be called doctrinal legal research. Normative legal research is library
law research. This research focuses on legal principles. The legal principle used
is the principle of expediency.
In connection with the application of sanctions for perpetrators of child
exploitation, both economically and sexually as mentioned above, the authors did
not find a solution to the imposition of criminal sanctions and fines. This is
because criminal sanctions and fines do not deter perpetrators, but it becomes
even more difficult when it is seen again that the factor that causes them to exploit
is the absence of proper work, which is able to provide for their lives. If there are
other sanctions that can provide pre-employment guidance, then the number of
cases of child exploitation will decrease because in this case the perpetrators
have received briefings to continue work in accordance with their respective
skills. There needs to be special rules and their solutions that discuss the
exploitation of children who are used by parents, especially economically. It is
hoped that there will be action sanctions in applying sanctions in cases of child
exploitation, in the form of a training with self-reliance development with several

JOM Fakultas Hukum Univ Riau Vol. IX Edisi 2 Juli - Desember 2022 Page 2
programs such as skills to support independent businesses, which are realized in
the form of handicrafts, industry and households.
Keywords: Child Exploitation - Parents - Action Sanctions.