TINJAUAN YURIDIS TERHADAP PENYELESAIAN TINDAK PIDANA KEKERASAN SEKSUAL YANG DILAKUKAN OLEH ANAK DI BAWAH USIA 12 TAHUN

Abstract

Sexual violence is not only carried out by adults, but also by minors. Law
Number 11 of 2012 concerning the Juvenile Criminal Justice System limits the
age of children in conflict with the law to 12 years old. Therefore, perpetrators
who are not yet 12 years old cannot be processed formally or in other words
cannot be punished. The rise of sexual crimes committed by children under the
age of 12 certainly creates contradictions in society, considering that the crimes
committed cause serious losses to the victims but the perpetrators cannot be
prosecuted because they are still minors. The aim of this research is first to
explain the regulation and enforcement of the law when criminal acts of sexual
violence are committed by children under the age of 12 years.
The type of research used is normative legal research using library
materials as data and reference sources. This research requires secondary data
consisting of primary, secondary and tertiary legal materials. The data collection
technique used by researchers is literature study. In drawing conclusions,
researchers use a deductive method, namely drawing conclusions from general
statements or propositions to specific statements or propositions.
From the results of discussions and research carried out, regulation and
law enforcement for children under 12 years old is still not in line with societal
developments. Law Number 11 of 2012 concerning the Juvenile Criminal Justice
System still does not fulfill a sense of justice for the victims because the handling
of the perpetrators is not commensurate with the losses experienced by the
victims.
Keyword: Sexual Violance, Minors, Sanction