Tinjauan Yuridis Tindak Pidana Pencabulan Terhadap anak berdasarkan Undang Undang nomor 23 tahun 2002 Tentang Perlindungan Anak (Studi Kasus Perkara Nomor 373/PID/SUS/2015/PN.PBR)

Abstract

Today, various kinds of legal issues are increasingly prevalent along with the development of
the age, science and technology increasingly rapidly. This has resulted in the increasingly complex
behavior patterns of the community. More and more patterns of human behavior are not in
accordance with the norms prevailing in society.
These deviant behaviors can lead to an offense and even a crime. Crime is one of the realities
in life that require special handling. This is because the crime will cause anxiety in the life of
society in general.
One form of crime that is very disturbing the security and order of public life is a criminal
offense of obscenity. Abetting is an act committed by a person who is motivated by sexual desire to
do things that can arouse the passions, which leads to satisfaction in him. The criminal act of
obscenity continues to grow until now. Abuses of helpless people such as children, both men and
women, are one of the most troubling social problems of society.
Criminal acts of intercourse with children are part of morality as regulated in Law Number
23 Year 2002 on Child Protection. In the case of a crime of intercourse with a child, it has been
regulated in legislation, which is contained in the Criminal Code (KUHP), which is also contained
in the Child Welfare Act as well as in the Juvenile Justice Act
Legislation in Indonesia has regulated the formal juridical threat of sanctions granted to the
offender of intercourse namely the Criminal Code Article 287 which formulates; that anyone who
has intercourse with a woman outside marriage, where it is known or should be suspected that she
is not yet fifteen years of age, or if her age is unclear, that it is not yet time to be mated, threatened
with a maximum imprisonment of nine years
Keywords: Juridical Review – Criminal Remedy - Child