Comparative Analysis of the Implementation of Criminal Sanctions Against Perpetrators of Sexual Violence Against Children in Indonesia and Thailand

Abstract

This research is based on the numerous cases of child sexual violence that have occurred in Indonesia and Thailand. The purpose of this study is to determine how criminal sanctions are applied to perpetrators of child sexual violence in Indonesia and Thailand. Furthermore, this study also aims to determine the urgency of comparing the application of criminal sanctions to perpetrators of child sexual violence in Indonesia and Thailand in order to reform regulations on child sexual violence in Indonesia. In conducting the analysis, this study uses comparative criminal law theory, criminal law reform, and the objectives of punishment, using a statutory approach. This study employs a normative juridical method with a literature review data collection method. The results of this study indicate that the regulation of criminal sanctions against perpetrators of child sexual violence in Indonesia is regulated in the Child Protection Law, the Law on Sexual Violence Crimes, and the Indonesian Criminal Code, with penalties ranging from imprisonment, fines, life imprisonment, chemical castration, and even the death penalty in certain cases. Meanwhile, Thailand regulates child sexual violence in the Thailand Criminal Code and the Child Protection Act. Sanctions imposed on perpetrators of sexual violence in Thailand include imprisonment, fines, and even the death penalty in certain cases. The contrast between the two countries' criminal sanctions is clear: Thailand focuses primarily on deterring perpetrators, while Indonesia focuses on victim recovery, child psychological protection, prevention, and social rehabilitation. This comparison is crucial for evaluating and updating criminal law regulations in Indonesia to make them more adaptive, effective, and child-protection oriented.