Reformulasi Pengaturan Sanksi Pidana Terhadap Pelaku Kejahatan Seksual Bagi Anak Penyandang Disabilitas

Abstract

Children with disabilities are children who have physical, mental, intellectual or sensory
limitations for a long period of time who, in interacting with their environment and societal
attitudes, may encounter obstacles that make it difficult to participate fully and effectively based
on equal rights. Sexual violence against children is regulated in Law Number 35 of 2014
concerning Amendments to Law Number 23 of 2002 concerning Child Protection. This rule is
contained in Article 76 D. Article 81 of Law Number 35 of 2014 concerning Child Protection
regulates sanctions for criminal acts of sexual violence (obscene) against children. Although
there are regulations governing the protection of children, there is no specific protection for
children with disabilities. Therefore, if children with disabilities experience sexual violence,
they are always at a disadvantage.
The objectives to be achieved in this research are firstly to find out the weaknesses of
the existing criminal sanction arrangements against perpetrators of sexual crimes for children
with disabilities in Indonesian positive law and their implementation. The second is to formulate
the ideal punishment to be imposed on perpetrators of sexual crimes for children with
disabilities.
The author conducted research using normative juridical methods or literature
studies in order to obtain secondary data which was divided into 3 (three), namely primary,
secondary and tertiary legal materials. In this study, researchers used a statutory approach that
would examine law, namely the principle of openness which has a relationship to the problems
studied.
From the research results, there are two main things that can be concluded. The first
is related to the weaknesses in the existing criminal sanctions arrangements against
perpetrators of sexual crimes for children with disabilities in Indonesian positive law and how it
is currently implemented in Indonesia. The second is the ideal punishment to be imposed on
perpetrators of sexual crimes for children with disabilities, because children with disabilities
are always disadvantaged and there is no special protection for them.
The author's suggestion is that the state must update or reformulate laws related to
sanctions against sexual crimes against children with disabilities. So that the crime rate of
sexual crimes against children with disabilities in Indonesia can be reduced. Suggesting that the
imposition of sanctions on perpetrators of sexual crimes against children with disabilities be
given severe sanctions, namely a minimum of 20 years in prison or in accordance with the
weight that should be imposed, namely plus one-third of the maximum sentence and it is hoped
that with this, justice will be achieved, and suggesting that the state should improve education
more morals and character to all generations of the nation.
Keywords : Children-Persons-Disabilities-Sexual-Violence-Reformulation