<![CDATA[The criminalization of child molesters raises legal issues because, on the one hand, it must provide protection to the victim, while on the other hand, it must still guarantee the rights of children as perpetrators who are still in the growth and development phase. The enactment of Law Number 1 of 2023 concerning the Criminal Code (National Criminal Code) presents a new paradigm in the child criminalization system that is more oriented towards rehabilitation, restorative justice, and social reintegration. This study aims to analyze the legal provisions for child molesters, the forms of legal protection provided to children in conflict with the law, and updates to the criminalization policy in the National Criminal Code. The study uses a normative legal method with a statutory, conceptual, historical, and comparative approach. Legal materials are analyzed qualitatively through a literature review of relevant laws, doctrines, and literature. The results show that the National Criminal Code reinforces the paradigm shift in child criminalization from a retributive approach to a rehabilitative and restorative approach by positioning punishment as an instrument of development, not merely retribution. These reforms are realized through strengthening the principle of the best interests of the child, implementing diversion and restorative justice, expanding alternative criminal justice options, and strengthening the orientation of rehabilitation and social reintegration. However, the implementation of these policies still faces obstacles such as sub optimal harmonization of regulations, limited capacity of law enforcement officers, and a lack of supporting facilities for child rehabilitation. This research confirms that the effectiveness of criminal law reform requires strengthening institutions and implementing policies to ensure a balance between the goals of child protection, victim interests, and legal certainty.]]>
Copyrights © 2026
