Tinjauan Hukum Terhadap Anak Pelaku Tindak Pidana Perbuatan Asusila (Studi Kasus Putusan No.1637/Pid.B/PA/2012/PN-LP)

Abstract

Children are an inseparable part of human survival and the survival of the nation and the State. In the Indonesian constitution, children have a strategic role which expressly states that the state guarantees the right of every child to survival, growth and development and to protect from violence and discrimination. Therefore, the best interests for children should be lived as the best interests for the survival of humanity. Immoral crime is a crime against a politeness that exists in life. Immoral acts or acts of many kinds that exist in everyday life ranging from rape, adultery and even sexual abuse which in this case will be discussed as well. For this reason, we must deal with and reduce immoral crime with community participation that will help reduce the crime. In immoral criminal acts that become perpetrators are minors, therefore parents must pay attention to the growth and development of a child and know the rights and obligations as parents and provide knowledge to children about the rights and obligations of a child in the family and in society. In this case also the parents notify about the impact that will be received if a child later if he becomes a perpetrator of immoral crime. In committing a crime will certainly get sanctions or penalties that will be received by the perpetrators of the crime. However, because the perpetrator is an underage child, he must also consider the future and develop the child's development even though it is a crime. We can find out the factor of a child committing a crime and the impact obtained by the perpetrator of the crime. In this case the punishment received must be in accordance with the crime he committed. And also how the efforts that will be carried out in handling cases of immoral crimes so as not to develop and can disturb the public.