Fox Justi : Jurnal Ilmu Hukum
Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025

Criminal Responsibility of Child Perpetrators in Crimes of Violence Against Victims in the Form of Imposing Restitution

Hakim, Fathurrohman (Unknown)
Fathurokhman, Ferry (Unknown)
Saputra, Dadang Herli (Unknown)



Article Info

Publish Date
25 Aug 2025

Abstract

The absence of additional punishment in the form of restitution imposition on the defendant of the crime of sexual intercourse committed on a child and resulting in pregnancy in the Serang District Court Decision Number: 621/PID.SUS/2019/PN.Srg, certainly creates injustice and will have a direct impact on the child conceived by the victim, because the criminal liability of the defendant O.M.A.J. is no different from the criminal liability of the perpetrator whose actions do not result in pregnancy in the victim's child. The problems in this study are how the imposition of restitution as the responsibility of the perpetrator of sexual intercourse with a child that results in pregnancy, and how criminal law policy regulates the responsibility of the perpetrator of sexual intercourse with a child that results in pregnancy. The method used is normative juridical, using secondary data sources. Data collection techniques by means of documentation studies, and all data collected are analyzed qualitatively. The results of the research show: 1) The imposition of restitution as the responsibility of the perpetrator of sexual intercourse with a child resulting in pregnancy has not been fulfilled in Serang District Court Decision Number: 621/PID.SUS/2019/PN.Srg, where the defendant was sentenced to 10 years imprisonment and a fine of Rp60,000,000, without any additional punishment in the form of imposition of restitution or compensation to the child victim. This is contrary to Article 7 of the Law on Witness and Victim Protection, as well as Article 4 of Supreme Court Regulation Number 1 Year 2022, which states that victims are entitled to restitution; 2) Criminal law policy in regulating the responsibility of perpetrators of sexual intercourse with children resulting in pregnancy has not fulfilled the principle of justice for victims, because the verdict imposed on the defendant in Decision Number: 621/Pid.Sus/2019/PN.Srg did not consider the consequences caused by the defendant's actions which resulted in pregnancy for the victim's child.

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Journal Info

Abbrev

Justi

Publisher

Subject

Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The Fox Justi : Jurnal Ilmu Hukum a scientific LEGAL BRIEF which includes scholarly writings on pure research and applied research in the field of Law as well as a review-general review of the development of the theory, methods, and related applied sciences. Legal Theory Law of E-Commerce Legal and ...