The Purpose of Criminal Punishment in Determining the Duration of Prison Sentences for Children as Perpetrators of Sexual Violence Crimes (Study of Decision Number 4054 K/Pid.Sus/2026)

Abstract

This study aims to analyze the objectives of sentencing child sexual abuse perpetrators in a series of decisions up to Decision Number 4054 K/Pid.Sus/2026 and their suitability with the consideration of the length of imprisonment. The study uses a normative legal method with a statutory, case, and conceptual approach through literature study. The results of the study indicate that sentencing is oriented towards education, behavioral improvement, and specific prevention. The High Court emphasized the relative theory, while the Supreme Court maintained punishment based on the child's culpability and the adequacy of consideration. The court considered the victim's suffering, the perpetrator's circumstances, and the social research report. However, the relationship between the need for guidance and the choice of a four-year prison sentence has not been specifically explained. Thus, the orientation of guidance has been reflected, while the reasons for determining the length of imprisonment require strengthening arguments that link accountability, individual circumstances, the child's development, and the victim's interests in the case under study.