Optimization Of Law Enforcement Against Actors Child Abuse In The Perspective Of Restorative Justice

(Study Of Decision Number 3/Pid.Sus-Anak/2020/PN.Bdg)

Abstract

Children are the greatest gift for families, religions, nations and countries. Children are the forerunner to the birth of a new generation which is the successor to the aspirations of the nation's struggle and human resources for national development. Children have the right to get protection, many children are victims of violence and experience wrong treatment such as abuse of children and obscene acts against children. It's not just the victims of violence against children, what is most concerning now is when the children themselves become perpetrators of crimes. The problems studied are: 1) how are the arrangements regarding children who commit criminal acts of obscenity against minors, 2) what are the constraints for the Panel of Judges in deciding cases of obscenity committed by minors in the Bandung District Court Decision Number: 3/Pid. Sus-Children/2020/PN.Bdg, 3) what is the criminal law policy for children as perpetrators of criminal acts of obscenity? The method used in this study is normative legal research which examines secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results of the study show that children who commit sexual abuse are subject to sanctions as stipulated in Article 82 Paragraph (1) of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection Jo. Article 64 of the Criminal Code. Constraints of the Panel of Judges in deciding cases of sexual abuse committed by minors in the Bandung District Court Decision Number: 3/Pid.Sus-children/ 2020/PN.Bdg. that is, it must look at the three (3) principles contained in the law, namely: the principle of justice, the principle of expediency, the principle of legal certainty. Meanwhile, children who become perpetrators of sexual abuse are protected according to Article 1 paragraph (2) of Law Number 35 of 2014 concerning Child Protection.In addition, the panel of judges must pay attention to the future of the child, even if the child commits a crime, the judge cannot impose the maximum sentence demandedby the public prosecutor. The legal policy in imposing criminal sanctions on children who commit criminal acts of obscenity, the judge must pay attention to the needs of the child, especially his rights as a child.