Abstract

The welfare of every Indonesian citizen is guaranteed in every their right including the children protection rights which is included as human right. To achieve the protection and welfare of the child, the government issued Law Number: The existence of Law Number 35 Year 2014 on the Amendment of Law Number 23 Year 2002 regarding Children Protection affirms the need for criminal sanction penalty and fines for perpetrators of crimes against children, especially to a sexual crime that aims to provide a deterrent effect, and encourages concrete steps to restore the physical, psychological and social life of the child. The research was conducted at the Demak District Court. This is kind of sociological juridical research, which examines the application of sanctions of sexual violence committed against adults at the Demak District Court. The result of the research shows that the judge of Demak District Court in applying criminal sanction is guided by Law no. 35 Year 2014. Penal sanctions, this is fair for both the public and the justice seeker itself. Judge's consideration in imposing a criminal sanctions imprisonment, is based on the defendant being polite in the court, admitting to the truth and regretting his actions.

Highlights

  • The data from Office of Women Empowerment and Child Protection (KP2PA) Demak District shows that during 2017 recorded there are 17 cases of sexual violence against underage children. This indicates that on average there are more than 3 cases of sexual violence against underage children occurred in Demak Distric and to prevent this, it need the participation of the government and the community

  • Judge’s Considerations Analysis toward Perpetrators of Criminal Acts of Sexual Violence to Underage Children in Demak District Court Reviewed with Law Number 35 Year 2014 about Children Protection Sri Endah Wahyuningsih, Muhammad Sholeh

  • 2 In the case of knowing the factors affecting the occurrence of criminal acts of abuse against underage children, it can begin by knowing the increase, the relationship of the offender until the modus operandi of the case of abuse of underage children

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Summary

Media Factor

One of the factors that influence the occurrence of rape criminal act to underage children is the media factor. The function of the Internet is to know the information and it can be used as a medium for social interaction from sites such as yahoo, friendster, facebook and others which is a medium of communicating with others. Such social interaction media may influence the occurrence of criminal. Judge’s Considerations Analysis toward Perpetrators of Criminal Acts of Sexual Violence to Underage Children in Demak District Court Reviewed with Law Number 35 Year 2014 about Children Protection Sri Endah Wahyuningsih, Muhammad Sholeh act of rape, for example criminal acts of abuse against underage children which originated from electronic media, in the form of social interaction network

Psychological Factors
CONCLUSION
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