Perlindungan Hukum Anak Korban Kekerasan Seksual dalam Putusan Pengadilan
Perlindungan Hukum Anak Korban Kekerasan Seksual dalam Putusan Pengadilan
DOI:
https://doi.org/10.52188/judicial.v2i1.2478Keywords:
: anak; kekerasan seksual; perlindungan hukum; pertimbangan hakim; restitusiAbstract
This study aims to conduct a juridical analysis of the fulfillment of the elements of the criminal offense of sexual intercourse with a child and the legal considerations of judges in providing protection to a child victim of sexual violence in Decision Number 65/Pid.Sus/2025/PN Kng. This research uses normative legal research with statutory, conceptual, and case approaches. The research specification is descriptive-analytical. Primary and secondary legal materials were obtained through literature and documentary studies and analyzed qualitatively by connecting legal norms, legal doctrine, and the facts established in the decision. The results show that the defendant's conduct fulfilled the elements of the offense of using violence to compel a child to have sexual intercourse as regulated under Article 81 paragraph (1) in conjunction with Article 76D of the Child Protection Law. The eight-year-old victim was in a particularly vulnerable position and therefore required special protection. The panel of judges imposed 10 years and 6 months of imprisonment, a fine of IDR 100,000,000, and restitution of IDR 32,832,000. The decision provides a clear basis for criminal accountability; however, child protection must also be understood through legal assistance, rehabilitation, and sustainable recovery.
