Judge’s Considerations analysis toward PerPetrators of Criminal aCts of sexual ViolenCe to underage Children in demak distriCt Court reViewed with law number 35 year 2014 about Children ProteCtion

The welfare of every Indonesian citizen is guaranteed in every their right including the children protection rights which is included as human right. To achieve the protection and welfare of the child, the government issued Law Number: The existence of Law Number 35 Year 2014 on the Amendment of Law Number 23 Year 2002 regarding Children Protection affirms the need for criminal sanction penalty and fines for perpetrators of crimes against children, especially to a sexual crime that aims to provide a deterrent effect, and encourages concrete steps to restore the physical, psychological and social life of the child. The research was conducted at the Demak District Court. This is kind of sociological juridical research, which examines the application of sanctions of sexual violence committed against adults at the Demak District Court. The result of the research shows that the judge of Demak District Court in applying criminal sanction is guided by Law no. 35 Year 2014. Penal sanctions, this is fair for both the public and the justice seeker itself. Judge’s consideration in imposing a criminal sanctions imprisonment, is based on the defendant being polite in the court, admitting to the truth and regretting his actions.

for the existence of punishment, it is necessary a condition that the person performing mistakes or guilty (subjective guilt).
And cases of sexual violence against underage children occur everywhere, one of them is Demak District.This district is categorized quite high of sexual violence.The data from Office of Women Empowerment and Child Protection (KP2PA) Demak District shows that during 2017 recorded there are 17 cases of sexual violence against underage children.This indicates that on average there are more than 3 cases of sexual violence against underage children occurred in Demak Distric and to prevent this, it need the participation of the government and the community.The elements of criminal acts that must be fulfilled include an act of fulfilling the formulation of the law and is unlawful by any person or group of persons deemed responsible.Criminal  In the case of knowing the factors affecting the occurrence of criminal acts of abuse against underage children, it can begin by knowing the increase, the relationship of the offender until the modus operandi of the case of abuse of underage children.In this case, the National Commission on Children Protection of Indonesia related to the children protection problem determines three types of violence against children classified as crimes that disturb children and society such as physical violence, sexual violence and psychological violence.
The perpetrator of a criminal offense against underage children in conducting his offense is carried out in various ways for the fulfillment or attainment of sexual desire; not only children who become victims but children can sometimes become a perpetrator of abuse.
Based on the results of research in printed media or electronic media and with staff or employees of the Indonesian Children Protection 2 General Explanation UU No. 17 Year 2007.
Commission in Demak district, in the case of abuse of underage children can be done with various modus operandi as follows: 1. Mode 1 The perpetrator commits a crime of rape against underage children by inviting the children to meet; the offender offers something like delivering them home or promising something.After the victim receives the offer, the perpetrator commits the offense.

Mode 2
The perpetrator commits a criminal act of immorality against underage children in a manner or mode of delivering a drink whereby the drink has been mixed with drugs that make the child asleep or fainted, the medicines are easily obtained at the pharmacy without the need for a prescription such as Ctm (Chlorpheniramin) or Diazepam and other anesthetics that can cause strong drowsiness.After the victim is unconscious then the perpetrator commits the rape.

Mode 3
The perpetrator commits abuse to underage children is the one who has a close relationship to the children or who is often in the neighborhood of children, invites to play or talk with the children and then invites them to a place with the lure of being given some money or gift, after the child agreed the invitation of the perpetrator, after that the perpetrator committed the rape.

Mode 4
The perpetrators makes the child as the object of rape by the way originated from the electronic media in the form of social networks such as yahoo, facebook, friendster, WA and others where the age of a child is able to know and use the technological progress after the perpetrator with the victim's, then the child is invited to meet with the perpetrator and after the perpetrator met with the child who will be the object, then the perpetrator herded the child to a place to commit the rape.

Mode 5
The perpetrator commits abuse to underage children by kidnapping the child who will be the object of his fornication and bring the child to a place then the perpetrator commits his evil intention of abusing the child.

Mode 6
The perpetrator commits abuse to underage children by hypnotizing or making the child unaware of the subconscious forces made by the perpetrator, so that what the offender says to the child or the victim will always be obeyed by the child.Then, perpetrator does his evil intent by abusing child or victim.

Mode 7
The perpetrator commits abuse to underage children by doing violence and threats against the child or victim, so that the child becomes frightened, and the perpetrator is free to commit sexual abuse against the victim.From the way of abuse the underage children above, there are a number of ways or methods used by perpetrators in order to achieve their sexual satisfaction.There are many supporting factors that ease the perpetrator to commit his action.
Factors affecting the occurrence of criminal acts of child sexual abuse are as follows: 1. Environmental Factor Environmental factor is one of the factors that can support the occurrence of violence against underage children.This may occur due to the circumstances and situation of the supportive living environment and provide an opportunity to commit an violence against underage children, which are as follows: a. Interactions around the community that sometimes often violate the prevailing norms such as associations or tongkrongan that often misbehave.

Cultural Factors
Culture is one of the factors that can influence the occurrence of abuse against underage children.This issue is a result of work created and constantly updated by a particular group of people or in other words the development of a community's characteristic in areas such as the human or community lifestyle.In a developing country, especially Indonesia, has a variety of cultures ranging from the traditional to the growing.According Koentjaraningrat, there are three forms of culture, there are as follows: a. Culture is a form of culture, it is as a complex of ideas, values, norms, rules and so on.b.Cultural form is a complex and patterned actions of humans in society.c.Culture is as a objects of human works.
The three forms mentioned above is a form of a culture in which if it is associated with problems of abuse of children, there are factors that can affect the occurrence of rape in children.With the development of culture can lead to sexual free, such as clothing style, especially the women.This bad style will be imitated by children.The increasing freedom of association, especially in free sexual matters and others that lead to acts violating decency and norms prevailing in Indonesia.
The culture of children's clothing style now sometimes follows the era.This style is no longer cover their body, this is due to the child age is imitating the people around them.This style somehow can be a threatening effect of children to do an act of fornication, because a child who does not cover her body can invite someone else's sexual desire to become a perpetrator of obscurity for the fulfillment of the perpetrator's sexual desire.

Economic Factors
Economics is a life support of every human, economic or financial can be a factor that can affect the occurrence of a child against immorality.Furthermore, it can be explained if a person experiencing crush or distress in economic field, it can interfere his/her mind and he/she will experience severe stress.This situation can make the person can do something uncontrolled.This problem tends to be experienced by family life and unemployment.They can take any action that cannot be controlled by themselves due to the economic downturn in their life.

Media Factor
One of the factors that influence the occurrence of rape criminal act to underage children is the media factor.Media is an efficient and effective means of disseminating information to the public at large, as it is relatively in accordance with the capability and able to reach the community in significant time.
Media factors include print media such as magazines or readings that contain elements of pornography.The other media factors are electronic media such as the internet, films that contain elements of pornography and others.Pornography can affect the crime of rape of underage children, because pornography contains a negative element that can cause a person affected from the media he sees.It can lead to sexual desire, stimulation, and unhealthy thoughts, especially among adults.
Although Law no.44 of 2008 on Pornography has been applied, but the circulation of media containing elements of pornography can be circulated easily among the public, as if the makers, distributors and consumers of film and porn reading ignores the validity of the law on pornography.
The function of the Internet is not only to know the information but also it can be used as a medium for social interaction from sites such as yahoo, friendster, facebook and others which is a medium of communicating with others.Such social interaction media may influence the occurrence of criminal act of rape, for example criminal acts of abuse against underage children which originated from electronic media, in the form of social interaction network.

Psychological Factors
Psychological factors in this case can affect the occurrence of criminal acts of abuse against underage children.Some psychiatrists for perpetrators of abuse of underage children are often referred to as the term pedophilia.It is a term of psychology is pedophile which means it can be concluded is to vent sexual desire to children.In this deviant psychological factor that is one of the factors that influence the occurrence of crime of rape of underage children.The cause of pedophilia disease is very varied, it may be caused by the perpetrator himself was a victim of sodomy action or rape.Moreover, it can also be caused by preference of sexual partner, pedophilia prefers to children under age.

Judges' Consideration against perpetrators of sexual Violence against underage
Children in demak district Court, reviewed from law number 35 year 2014 on Children Protection.
Judge's Judicial Consideration In Criminalizing to Abusers Against a Child is based judicial.The judges shall not impose the penalty unless there are at least two valid evidences, so that the judge obtains the conviction that a crime is true and the defendant is guilty of doing so (Article 183 of KUHAP).
Legal evidence in question is: (a).Description of Witness; (b).Expert Description; (c).Letter; (d).Hints; (e).Statement of the Accused or things generally known so it is not to be proven (Article 184).Based on the interview with Judge Veni Mustika ETO, SH, MH, she stated that the judge's freedom to examine and adjudicate a case is a crown to the judge and must be guarded and respected by all parties without exception, so that no party can interfere judges in performing certain duties.The judge in deciding the judgment must consider many things, whether it is related to the case being examined, the level of acts and mistakes committed by the perpetrator, the interests of the victim, his family and the sense of community justice.
Speaking of judges and decisions, we will talk about the criminal justice system and the process of law enforcement.The criminal justice system is the functional relationship between law enforcers in accordance with their respective authority, in an attempt to find out the material truth in a criminal proceeding process.According to the Block's Law Dictionary, as quoted by Marwan Effendy, the integrated criminal justice system is: .... the collective institutions through which an accused offender possess until the accusations have been disposed of or the assessed punishment concluded. 3he enactment of Law no. 8 of 1981 on the Criminal Procedure Code has led to fundamental changes, both conceptually and implementation of the procedure of settlement of criminal cases in Indonesia.Law no. 8 of 1981 on the Criminal Procedure Code has laid the foundation of humanism and is a new era in the world of justice in Indonesia.In this law it seems that the goal of attaining order and legal certainty is no longer the ultimate goal, but the primary and the basic problem is how to achieve that goal in such a way that rape of human dignity as far as possible can be avoided. 4n to the emergence of various acts of violence.It is triggered by mass media both printed and electronic media, they have many contributions to decency by perpetrators by using violence or the threat of violence.Compels a person who is not his wife to have intercourse or with underage children and the permissiveness of the community related to the culture of social life.
Judges' Consideration Against perpetrators of Criminal Acts of Sexual Violence to Underage Children at the Demak District Court reviwed in Law Number 35 of 2014 on the Children Protection that in the event of a crime of sexual violence against a child shall be punished with the greatest weight, as a learning punishment so that the accused may be aware of his guilt and arise a sense of justice in the community.In order to avoid similar events within the community and in accordance with Article 64 paragraph 2 letter (d) Law RI No. 23 of 2002 on child protection then the right witness for the best interests for children.
Prioritize and improve mentality, morality, as well as faith and self-devotion that aim for self-control, so that they do not easily tempted to do something that is not good, and also to prevent in order to avoid thoughts and intentions that are not good in the heart and mind and manifested in my man.
Regulation of access that the government seeks to eradicate films or readings containing pornography elements because rape to children under the age is rooted from these things.If it is done at least to prevent or reduce the increase in crime of rape to underage children and protection of victims who suffered psychological and material losses.This research still have much lackness, so for increas the research in the future, more depht in the research.

Judge' s
Considerations analysis toward PerPetrators of Criminal aCts of sexual ViolenCe to underage Children in demak distriCt Court reViewed with law number 35 year 2014 about Children ProteCtion Sri Endah Wahyuningsih, Muhammad Sholeh Jurnal Pembaharuan Hukum Volume IV No. 3 September-Desember 2017

Judge' s
Considerations analysis toward PerPetrators of Criminal aCts of sexual ViolenCe to underage Children in demak distriCt Court reViewed with law number 35 year 2014 about Children ProteCtion Sri Endah Wahyuningsih, Muhammad Sholeh Jurnal Pembaharuan Hukum Volume IV No. 3 September-Desember 2017

Causes of underage Children sexual Violence in demak district
acts of sexual violence threatened in Articles 285 & 289 of the Criminal Code decide "Whosoever of violence or threat.Violence forces a woman to have sex with him outside of marriage, threatened for morality, with a maximum of twelve years prison".So what are the causes of sexual violence to underage children in Demak District.And what are the Judges' Considerations Against perpetrators of Criminal Acts of Sexual Violence against Underage Children in the Demak District Court Reviewed Number 35 Year 2014 on Child Protection.National development is a series of sustainable development efforts covering all aspects of community life, nation and state, to carry out the task of realizing national goals as formulated in the Preamble of the Constitution of the Republic of Indonesia Year 1945.The series of development efforts contain ongoing development activities, by raising the level of people's welfare from generation to generation.Implementation of such efforts is done in the context of meeting the needs of the present without compromising the ability of future generations to meet their needs. 2

Considerations analysis toward PerPetrators of Criminal aCts of sexual ViolenCe to underage Children in demak distriCt Court reViewed with law number 35 year 2014 about Children ProteCtion Sri Endah Wahyuningsih, Muhammad Sholeh 349 Jurnal Pembaharuan Hukum
Judge's Volume IV No. 3 September-Desember 2017

Judge's Considerations analysis toward PerPetrators of Criminal aCts of sexual ViolenCe to underage Children in demak distriCt Court reViewed with law number 35 year 2014 about Children ProteCtion Sri Endah Wahyuningsih, Muhammad Sholeh Jurnal Pembaharuan Hukum Volume
IV No. 3 September-Desember 2017