Penerapan Hukum Terhadap Pelaku Tindak Pidana Pencabulan Anak di Bawah Umur (Studi di Pengadilan Negeri Binjai)

Abstract

Crime of sexual abuse is a crime in the area of a very disturbing sexual society, this is also contrary to the purpose of government in creating a secure peaceful and prosperous society. So specifically handling the application of the law against perpetrators of criminal sexual abuse of minors have been there rules that govern them apart from the draft Penal Code (Penal Code), namely Law no. 23 of 2002 on Child Protection. Therefore, the authors are interested in doing some research to find out what factors that lead to criminal sexual abuse against minors, how the legal protection for victims, how the application of the law against perpetrators of criminal sexual abuse of minors at the Binjai District Court. In this study, the authors use empirical research methods juridical approach or approaches the reality of law in society. The data used are primary and secondary data obtained from field research and library research. Primary data is the field research conducted through interviews are : 2 (two) judges who hear and decide criminal cases sexual abuse of minors, 1 (one) of the Public Prosecutor who handles criminal cases sexual abuse of minors, While the studies referred to a document or library materials consist of primary legal materials that legislation relating to criminal abuse of children under age. Similarly, secondary legal materials reviewed by the experts included the results of research to complement the material law. The study concludes : (a) factors that lead to criminal sexual abuse against minors the factors contained within the individual (internal) and factors that are beyond the individual self (external). (b) legal protection against sexual abuse victims of crime is to implement the draft Penal Code (Penal Code) and Act No. 23 of 2003 on Child Protection. (c) the application of the law against perpetrators of criminal sexual abuse of minors at the Binjai District Court is to impose sanctions act justly punished for mistakes made by against or in other words the actors are required accountability for his actions. So with the decision of the Judge is able to create a deterrent to the perpetrators of the crime again. In addition, guidance is also needed to rehabilitate the perpetrators so that he will not repeat his actions by way of instilling religious norms in him.