Criminal Law Enforcement Of The Perpetrators Of Intercourse In Children (Analysis Of The Supreme Court Decision Number: 1202 K/Pid.Sus/2009)

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Criminal Law Enforcement Against Perpetrators of Intercourse with Children: An Analysis of the Supreme Court Decision Number: 1202 K/Pid.Sus/2009

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Criminal Law Enforcement Against Perpetrators of Intercourse with Children

Introduction

The protection of children is a fundamental right that is enshrined in various international and national laws. In Indonesia, Law Number 23 of 2003 concerning Child Protection aims to provide a comprehensive framework for the protection of children and guarantee their safety and fulfillment of their rights. However, despite these efforts, acts of sexual violence against children still often occur and even tend to increase. Cases of intercourse with children, although threatened with severe punishment, are still a serious problem in the community. For example, an unhealthy love affair between adult actors and minors can trigger acts of intercourse. This article aims to analyze the decision of the Supreme Court Number 1202 K/Pid.Sus/2009 and how the enforcement of criminal law has been carried out in various cases of intercourse with children.

Legal Arrangement About Intercourse with Children

Intercourse with children is regulated in various legal regulations in Indonesia, including the Criminal Code (KUHP), Law No. 23 of 2003 concerning Child Protection, and Law No. 23 of 2004 concerning the Elimination of Domestic Violence. These three regulations play an important role in providing a legal framework to deal with and prevent acts of sexual violence against children. The Criminal Code (KUHP) provides for the punishment of intercourse with children, while Law No. 23 of 2003 concerning Child Protection provides for the protection of children from all forms of violence, including sexual violence. Law No. 23 of 2004 concerning the Elimination of Domestic Violence also provides for the protection of children from domestic violence.

Criminal Law Enforcement at Judex Facti

Decision Number 2417/PID.B/2008-MDN Juncto Decision Number 38/PID/2009/PT-MDN illustrates how criminal law enforcement is carried out in cases of intercourse with children. The legal process has been running in accordance with the provisions of the procedural law, including the reading of the indictment, the examination of witnesses, and the examination of the defendant. However, there are several issues that need attention. For example, the imposition of punishment is often based on proof theory that does not take into account the possibility of mistakes on the victim's side. This can lead to a miscarriage of justice and undermine the confidence of the public in the criminal justice system.

Criminal Law Enforcement in Judex Juris

Decision of the Supreme Court Number 1202 K/Pid.Sus/2009 provides a more in-depth picture of criminal law enforcement at the Judex Juris level. In this case, there is an emphasis on how the theory of victims of victims is often reflected in the decision. In fact, even though the child as a victim does not have a contribution in the crime, but sometimes their position in the court is neglected. This raises questions about the extent to which the law can provide justice for children as victims of sexual crimes. The decision highlights the need for a more victim-centered approach to criminal law enforcement, where the needs and rights of the victim are taken into account.

Additional Analysis

Given the situation on the ground, there is an urgent need to increase legal protection for children. Community education regarding children's rights and measures to prevent sexual violence is very important to minimize similar events. Existing criminal law must synergize with education and public awareness so that children obtain maximum protection from every threat of violence. The law also needs to be adapted with the times and the patterns of social life of society. For example, information technology has presented new challenges in the form of online sexual crimes that target children. Therefore, collaboration between sectors - including law enforcement, government, and community - is very important in overcoming this issue.

Conclusion

In dealing with the threat of sexual crimes against children, especially through criminal law enforcement, requires a comprehensive approach. Legal decisions as exemplified in case number 1202 K/Pid.Sus/2009, together with previous decisions, are proof that our legal system still needs to be strengthened and improved. A fair and responsive legal process of the needs of children's victims must be a top priority. Protection of children's rights must be advanced to create a safer and decent environment for future generations.

Recommendations:

  1. Strengthening the legal framework: The legal framework for the protection of children must be strengthened to provide a comprehensive and effective protection for children.
  2. Improving criminal law enforcement: Criminal law enforcement must be improved to ensure that the needs and rights of the victim are taken into account.
  3. Community education: Community education regarding children's rights and measures to prevent sexual violence is very important to minimize similar events.
  4. Collaboration between sectors: Collaboration between sectors - including law enforcement, government, and community - is very important in overcoming this issue.
  5. Adapting the law with the times: The law must be adapted with the times and the patterns of social life of society to address new challenges such as online sexual crimes.

Future Research Directions:

  1. Studying the impact of criminal law enforcement on children: Further research is needed to study the impact of criminal law enforcement on children and to identify the most effective approaches to protecting children from sexual violence.
  2. Analyzing the role of community in preventing sexual violence: Further research is needed to analyze the role of community in preventing sexual violence and to identify the most effective approaches to community-based prevention.
  3. Developing a comprehensive approach to protecting children: Further research is needed to develop a comprehensive approach to protecting children from sexual violence, including the development of a national strategy for the protection of children.

Limitations of the Study:

  1. Limited scope: The study has a limited scope and focuses only on the decision of the Supreme Court Number 1202 K/Pid.Sus/2009.
  2. Limited data: The study relies on limited data and may not be representative of the broader issue of sexual violence against children.
  3. Methodological limitations: The study has methodological limitations, including the use of a qualitative approach and the reliance on secondary data.

Conclusion:

In conclusion, the decision of the Supreme Court Number 1202 K/Pid.Sus/2009 highlights the need for a more victim-centered approach to criminal law enforcement, where the needs and rights of the victim are taken into account. The study also highlights the need for a comprehensive approach to protecting children from sexual violence, including the development of a national strategy for the protection of children. Further research is needed to study the impact of criminal law enforcement on children and to identify the most effective approaches to protecting children from sexual violence.
Frequently Asked Questions (FAQs) About Criminal Law Enforcement Against Perpetrators of Intercourse with Children

Q: What is the main objective of the law in protecting children from sexual violence?

A: The main objective of the law in protecting children from sexual violence is to provide a comprehensive framework for the protection of children and guarantee their safety and fulfillment of their rights.

Q: What are the legal regulations that regulate intercourse with children in Indonesia?

A: The legal regulations that regulate intercourse with children in Indonesia include the Criminal Code (KUHP), Law No. 23 of 2003 concerning Child Protection, and Law No. 23 of 2004 concerning the Elimination of Domestic Violence.

Q: What is the role of the Supreme Court in enforcing the law against perpetrators of intercourse with children?

A: The Supreme Court plays a crucial role in enforcing the law against perpetrators of intercourse with children by providing a more in-depth picture of criminal law enforcement at the Judex Juris level.

Q: What is the significance of the decision of the Supreme Court Number 1202 K/Pid.Sus/2009?

A: The decision of the Supreme Court Number 1202 K/Pid.Sus/2009 is significant because it highlights the need for a more victim-centered approach to criminal law enforcement, where the needs and rights of the victim are taken into account.

Q: What are the challenges faced by law enforcement in enforcing the law against perpetrators of intercourse with children?

A: The challenges faced by law enforcement in enforcing the law against perpetrators of intercourse with children include the imposition of punishment based on proof theory that does not take into account the possibility of mistakes on the victim's side.

Q: What is the importance of community education in preventing sexual violence against children?

A: Community education is very important in preventing sexual violence against children because it raises awareness about children's rights and measures to prevent sexual violence.

Q: What is the role of collaboration between sectors in overcoming the issue of sexual violence against children?

A: Collaboration between sectors - including law enforcement, government, and community - is very important in overcoming the issue of sexual violence against children.

Q: What are the recommendations for strengthening the legal framework for the protection of children?

A: The recommendations for strengthening the legal framework for the protection of children include strengthening the legal framework, improving criminal law enforcement, community education, collaboration between sectors, and adapting the law with the times.

Q: What are the future research directions for studying the impact of criminal law enforcement on children?

A: The future research directions for studying the impact of criminal law enforcement on children include studying the impact of criminal law enforcement on children, analyzing the role of community in preventing sexual violence, and developing a comprehensive approach to protecting children.

Q: What are the limitations of the study?

A: The limitations of the study include limited scope, limited data, and methodological limitations.

Q: What is the conclusion of the study?

A: The conclusion of the study is that the decision of the Supreme Court Number 1202 K/Pid.Sus/2009 highlights the need for a more victim-centered approach to criminal law enforcement, where the needs and rights of the victim are taken into account. The study also highlights the need for a comprehensive approach to protecting children from sexual violence, including the development of a national strategy for the protection of children.

Q: What are the implications of the study for policy and practice?

A: The implications of the study for policy and practice are that the law must be strengthened to provide a comprehensive framework for the protection of children, and that criminal law enforcement must be improved to ensure that the needs and rights of the victim are taken into account. Community education and collaboration between sectors are also essential in preventing sexual violence against children.