Legal Protection for Children Who are Perpetrators of Sexual Abuse Due to the Influence of Pornography on the Internet

Abstract

The influence of pornography circulating in the digital world through prohibited sites is increasing and damaging, this also damages children as the next generation of the nation, the circulation of pornography in cyberspace can cause children to experience pathological disorders in the form of sexual behavioral deviations which ultimately lead to children committing sexual violence against their peers. The position of children as victims of exposure to pornography circulating in cyberspace when they become perpetrators of sexual violence is considered a crime like that committed by adults, so that victims often refuse to resolve this problem through diversion. The type of legal research used is non-doctrinal. Based on the results of the research conducted, it can be understood that Protection for children who commit sexual crimes due to the impact of the spread of pornographic sites on the internet that occurred in the city of Cirebon has not been realized. This is indicated by the large number of child perpetrators of sexual violence due to the influence of exposure to pornography in the digital world that are resolved in court. The solution that can be done to protect child perpetrators of sexual violence due to the influence of exposure to the circulation of pornography in the digital world is to optimize diversion in child sexual violence cases by emphasizing in Article 7 of the Law of the Republic of Indonesia Number 11 of 2012 concerning the Child Criminal Justice System that the type of conditions for diversion are not only based on the child's actions which are criminal acts that are threatened with 7 years of imprisonment but also need to look at the aspects of the child's criminal responsibility and the child's future situation. Emphasize to the parties in cases of sexual violence committed by children that it is necessary to go through the legal process through diversion for children first. Implementation of legal counseling on the importance of diversion, especially in cases of violence committed by children in the community.