Legal Protection for Children as Perpetrators of Sexual Crimes

Abstract

The crime of sexual intercourse committed by children against victims of the same age is an extraordinary problem, one of which is seen in the problem of the criminal system against the perpetrator, on the one hand the perpetrator who is a child cannot be punished like an adult perpetrator because of considerations of mental growth and considerations of the child's future. However, on the other hand the victim who is also the same age as the perpetrator or is also a child cannot do much to receive justice for the perpetrator's actions that have damaged his future. The type of research in this thesis is a type of Normative juridical research. Based on the results of the research conducted, it can be seen that the basis for the judge's consideration in deciding the case of a child as a perpetrator of the crime of sexual intercourse against a child in the Cirebon District Court consists of juridical considerations used by the judge, namely, proof of the crime committed, whether the act has fulfilled the elements of rape referred to in Article 285 of the Criminal Code, and from all the statements of the witnesses and the explanation of the prosecutor's demands, it can be concluded that all elements of the crime of rape committed by the defendant are proven. While sociologically in his decision the judge considered the things that aggravated the defendant, namely: The actions committed by the defendant were inhumane, because the defendant committed harassment and immoral acts against the victim who was still a minor, especially the defendant also threatened the victim, this caused the victim to be afraid and traumatized to the point that the victim did not want to go to school. While the mitigating factors for the defendant were: the defendant admitted all his actions, although at first the defendant denied it, the defendant also expressed regret for having committed these actions against the victim who was considered his own lover or girlfriend, and the most important thing in the judge's consideration was that the defendant was still classified as a child. The legal consequences of the judge's decision in the case of Children as Perpetrators of Sexual Acts Against Children in the Cirebon District Court are that legally perpetrators of sexual acts against children can also be subject to criminal sanctions as regulated in Article 81 of Law Number 35 of 2014 concerning Child Protection, children who commit sexual acts against children can also be subject to criminal sanctions as regulated in Article 285 of the Criminal Code. Legal Protection for Children as Perpetrators... (Tati Rusmiati) The copyright of this document is owned by the Faculty of Law UNISSULA and is protected by the law ║604 Faculty of Law PROCEEDINGS OF INTERNATIONAL CONFERENCE ON THE LICS 2026LAW DEVELOPMENT FOR PUBLIC WELFARE ISSN: 2798-9313 Topic: Strengthening Legal Frameworks for Combating Human Trafficking and Enhancing Protection of Women and Children