Criminal Responsibility Towards Children As Perpetrators Of The Criminal Act Of Interception

Abstract

This writing aims to determine and analyze the legal construction of criminal responsibility for children as perpetrators of the crime of sexual intercourse
and to determine and analyze the basis for the judge's legal considerations in imposing criminal sanctions on children as perpetrators of the crime of sexual intercourse
at the Madiun District Court. This study uses the Juridical Sociological method. To obtain data, this study uses primary data obtained from field studies with data collection techniques through observation and interviews at the Madiun District Court and secondary data obtained from literature studies. The results of the study indicate that the relevant law to the crime of sexual intercourse with a child is Article 81 paragraph (2) of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection as amended by Law of the Republic of Indonesia Number 17 of 2016 concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection to become Law in conjunction with Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System. The criminal sanctions imposed on the child perpetrators indirectly are the two main criminal sanctions as regulated in Article 71 paragraph 1 of the Law on the Juvenile Criminal Justice System. The basis for the Judge's legal considerations in making a decision are legal considerations, namely considerations based on facts revealed in the trial and non-legal considerations contained in mitigating and aggravating factors. It is recommended that judges in examining children who commit crimes must be more careful and more observant so that in giving sanctions to children who do not commit crimes in accordance with the actions they have committed and that the government immediately form Government Regulations and encourage the Special Child Development Institution (LPKA), Social Welfare Institution (LPKS), Special Child Service Room (RPKA) and Temporary Child Placement Institution (LPAS).