Legal Analysis of Legal Protection Efforts for Perpetrators of Child Molembolism Based on Legal Justice In Indonesia Research Proposal

Abstract

This research is entitled "A Legal Analysis of Legal Protection Efforts for Perpetrators of Child Molestation Crimes Based on Legal Justice in Indonesia." The purpose of this research is to determine the legal regulations applicable to child molestation crimes, the forms of legal protection for perpetrators, and analyze the application of legal justice in the criminal justice process. This issue is important to study because the legal system often only emphasizes the protection of victims, while the rights of perpetrators as legal subjects receive less attention. The research method used is normative juridical, namely by examining primary legal materials in the form of legislation, as well as secondary legal materials such as legal literature, scientific journals, and previous research results. The approaches used include a statute approach and a conceptual approach to understand the compatibility between positive legal norms and principles of justice. The analysis is conducted qualitatively and descriptively, by interpreting applicable legal provisions and comparing them with the theory of legal justice that demands a balance between the rights of victims and perpetrators. The research results show that legal provisions regarding the crime of child molestation are regulated in the Criminal Code, Law Number 35 of 2014, and Law Number 17 of 2016, which provide maximum protection for children as victims. However, in terms of legal justice, protection for perpetrators is still limited to procedural aspects such as the right to legal assistance and humane treatment during the judicial process. Therefore, it is necessary to update criminal law policies that emphasize the balance between victim protection and perpetrator rights, and encourage the implementation of restorative justice so that the legal objectives of certainty, benefit, and justice can be fully achieved.