ANALISIS YURIDIS KEKERASAN TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA PENGANIAYAAN

Abstract

Efforts to protect children need to be implemented as early as possible. This is based on the conception of child protection based on non-discriminatory principles of the best interests of children, the right to life, survival and development and respect for children's opinions. The Unitary State of the Republic of Indonesia is a country that prioritizes applicable legal provisions. The Criminal Code (KUHP) is a strong basis for determining prohibited acts and has strict sanctions for those who violate them. One form of crime that often occurs around us is crime in the form of violence such as abuse. The criminal provisions for criminal acts of abuse are contained in the Criminal Code, namely in Articles 351 to Article 358 of the Criminal Code. Paying attention to the elements of offenses in several articles that relate to acts of violence or abuse can clearly enable law enforcement officials to hold perpetrators accountable for their actions through the court process. Not only that, law enforcers should also look at the rights of children as victims of criminal acts of abuse. This type of research is normative juridical research, which focuses on the analysis of the legal rules that apply in a particular legal system. The data source in this research is in the form of secondary data or literature study. Literature study uses primary, secondary and tertiary legal materials. The analytical method used is the normative juridical method, namely research by describing the conditions and facts about the research object. The results of the research case found that, according to the Panel of Judges, the length of the sentence to be imposed in connection with the theory of restorative justice was appropriate and fair for the Defendant, Victim, the Defendant's family and the Victim's family. So the Defendant should have been jailed longer, but in the judge's decision the Defendant was only jailed for 2 months. From the application of the law by the panel of judges who use the legal application of the theory of restorative justice, according to the researchers' view it is not in accordance with the objectives of the theory of restorative justice.