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All Journal Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Erli Salia
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Pertanggungjawaban Pidana terhadap Anak Pelaku Kekerasan Seksual yang Mengakibatkan Kematian Korban : Studi Putusan Nomor 50/PID.SUS-Anak/Pn Plg Kurnia Mahesa; Erli Salia; Martini Martini
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 3 (2026): September: Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v4i3.3293

Abstract

This research examines the criminal liability of a child who committed sexual violence resulting in the death of the victim and analyzes the judicial considerations in Decision Number 50/Pid.Sus-Anak/2024/PN Plg. The research is motivated by the complexity of handling sexual violence committed by children resulting in the loss of human life. Such circumstances raise legal issues concerning the application of criminal liability to children and the balance between child protection, victims’ interests, and public sense of justice. This research employs normative legal research using statutory, case, and conceptual approaches. Legal materials were analyzed qualitatively by examining the provisions of the Juvenile Criminal Justice System Law, the Child Protection Law, the Indonesian Criminal Code, Decision Number 50/Pid.Sus-Anak/2024/PN Plg, and relevant legal literature. The results indicate that the child may be held criminally liable because the child had reached the statutory age of criminal responsibility and was legally and convincingly proven to have committed the criminal acts charged. The judges imposed imprisonment for ten years and one year of vocational training by considering the serious consequence of the offense, namely the victim’s death, the child’s age, the social inquiry report, and the special provisions governing juvenile sentencing. The decision demonstrates the application of child protection principles while maintaining accountability for serious criminal conduct. The sentencing reflects the distinctive character of the juvenile justice system, which emphasizes proportionality, rehabilitation, development, and reintegration without eliminating responsibility for the consequences of the offense.
Penegakan Hukum Oleh Penyidik Satuan Reserse Kepolisian Resor Lahat terhadap Tindak Pidana Persetubuhan dan Perbuatan Cabul terhadap Anak Di Kabupaten Lahat Rahma Mutiara Ayu; Erli Salia; Martini Martini
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 3 (2026): September: Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v4i3.3303

Abstract

This study aims to analyze law enforcement carried out by investigators of the Women and Children Protection Unit (PPA) of the Criminal Investigation Unit of the Lahat Resort Police in handling criminal acts of sexual intercourse and obscene acts against children, as well as to analyze the implementation of evidence and the factors that hinder the handling of such cases. This research employs an empirical legal research method with a normative approach and uses a descriptive-analytical design. Data were obtained through field research and literature study and were analyzed qualitatively. The results of the study indicate that law enforcement by investigators of the PPA Unit of the Criminal Investigation Unit of the Lahat Resort Police has, in principle, been carried out in accordance with applicable legal provisions through the stages of receiving reports, investigation, examination of victims and witnesses, collection of evidence, medical and psychological examinations, and preparation of case files. The evidentiary process is conducted by combining statements from victims and witnesses, expert testimony, documents, indications, physical evidence, Visum et Repertum, and electronic evidence according to the characteristics of each case. However, the implementation of law enforcement has not been fully optimal due to several obstacles, including the psychological condition of victims, limited witnesses and evidence, difficulties in locating suspects, limited availability of electronic evidence, geographical factors, and limitations in human resources and supporting facilities. Therefore, it is necessary to improve investigators' competencies, provide child-friendly examination facilities, optimize the use of technology and scientific evidence, and strengthen inter-agency coordination in order to achieve effective law enforcement and optimal child protection.
Co-Authors Kurnia Mahesa Martini Martini Rahma Mutiara Ayu