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PENANGANAN ANAK SEBAGAI PELAKU TINDAK PIDANA PERSETUBUHAN DAN PENCABULAN (STUDI KASUS DI PPA POLRES SLEMAN)
Children who commit the criminal offenses of sexual intercourse and indecent acts are categorized as children in conflict with the law and remain entitled to special protection as stipulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. In law enforcement practice, the handling of such cases presents challenges because law enforcement officers must balance the protection of the rights of child offenders with the protection of victims, who also require justice and recovery. This study aims to analyze the balance of legal protection between child offenders and victims in handling criminal offenses of sexual intercourse and indecent acts, as well as to examine the effectiveness of legal protection for child sexual offenders during the investigation process at the Women and Children Protection Unit (PPA Unit) of the Sleman Regional Police. This research employs an empirical legal research method with an empirical juridical approach. Data were collected through observations, interviews with investigators of the PPA Unit of the Sleman Regional Police, victims, and related parties, as well as documentation and literature studies. The collected data were analyzed using a descriptive qualitative method to systematically describe the implementation of legal protection for child offenders and victims, as well as the effectiveness of its application in investigative practices. The findings indicate that efforts to balance legal protection between child offenders and victims have been carried out through the application of a humane approach toward child offenders without neglecting the victims’ rights to justice, protection, and recovery. Child offenders receive assistance from their parents, legal counsel, and the Correctional Center (BAPAS), while victims are provided with identity protection, assistance, and security guarantees throughout the legal process. The effectiveness of legal protection for both child offenders and victims in investigative practices at the PPA Unit of the Sleman Regional Police can be categorized as fairly effective, as most children's rights have been fulfilled in accordance with applicable laws and regulations. However, this effectiveness has not yet reached an optimal level due to several obstacles, including the limited number of human resources with specialized competence in juvenile justice, inadequate support from professional psychologists, difficulties in obtaining testimony from victims suffering from severe trauma, a lack of family understanding regarding victims' rights, and fear or social pressure that discourages victims from providing testimony openly. In addition, balancing the protection of child offenders with the fulfillment of victims' rights remains a significant challenge.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 22103040120 Muhammad Fadhil Suryanto
PENANGANAN ANAK SEBAGAI PELAKU TINDAK PIDANA PERSETUBUHAN DAN PENCABULAN (STUDI KASUS DI PPA POLRES SLEMAN) (Text)
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