Protection Of Children as Victims of Sexual Abuse Against Minors by Deliberately Deceiving Deceit (Case Study No. 02/Pid.Sus/2024/Pn Lbj)

Abstract

The crime of sexual harassment against minors is a form of crime that is very detrimental to the physical, mental, and emotional development of children. In some cases, the perpetrators carry out these actions intentionally using trickery to deceive the victim, which adds to the severity of the crime. This study aims to examine the form of legal protection for children as victims, both from preventive and repressive aspects, and to analyze the effectiveness of the application of positive law in Indonesia, including the diversion mechanism in the juvenile criminal justice system. This study uses a descriptive qualitative normative method, namely research on legal principles by examining theoretical approaches, concepts, and reviewing laws and regulations related to this study. The results of the study indicate that although there have been regulations such as Law Number 35 of 2014 concerning Child Protection and Law Number 11 of 2012 concerning the Child Criminal Justice System, the application of legal protection for victims is still not optimal. Diversion as a restorative approach in handling child criminal cases needs to be studied carefully, especially in cases involving sexual violence, because the best interests of child victims must be the main priority. Therefore, there needs to be a strict limit on the application of diversion so that it is not misused, as well as strengthening efforts for legal assistance, psychological rehabilitation, and fair law enforcement that sides with victims.