Abstract
The purpose of this study was to analyze the application of criminal law sanctions against statutory rape in Indonesia. The analysis employed a positive law perspective and an empirical legal approach. The research data consisted of verbal utterances and observation results collected from Criminal Investigators at the Ambon Island and Lease Islands’ police stations. Data analysis was carried out through (1) data reduction, (2) data display, and (3) conclusion. The results of this study indicate that criminal sanctions against statutory rape in Indonesia are applied through the process of investigation, visum et repertum, prosecution and summons of suspects and witnesses, statements of criminal penalties for the perpetrators, and prevention of sexual immorality and rape. The criminal sanctions are based on “Law Number 35 of 2014 about Amendments to Law Number 23 of 2002 concerning Child Protection Articles 76D and 81. Keywords: criminal, intercourse, positive law
Highlights
Children are a mandate and a gift from God Almighty that we must protect
The United Nations Council has stated that crimes against children around the world, such as child exploitation, child sales, and child prostitution are human rights violations that must be carried out to provide protection to children (Nguyen, 2020: 192)
Sexual violence experienced by children results in deep trauma and influences on their psychology and their future Children have human rights, which must be protected
Summary
Children are a mandate and a gift from God Almighty that we must protect. The rise of crimes against children in Indonesia is a problem that continues to this day (Susanti, et al, 2020:182). The United Nations Council has stated that crimes against children around the world, such as child exploitation, child sales, and child prostitution are human rights violations that must be carried out to provide protection to children (Nguyen, 2020: 192). Sexual violence experienced by children results in deep trauma and influences on their psychology and their future Children have human rights, which must be protected. The state, society and parents must be able to provide protection for children without discrimination (Rochaeti & Muthia, 2021:293). All children have civil rights and civil freedoms They should be protected from acts of violence and prejudice (Law Number 23/2002). Based on this explanation, parents, families, communities, and the state
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