Penerapan Pemidanaan Terhadap Anak Sebagai Pelaku Pelecehan Seksual Di Wilayah Hukum Polisi Resort Kota (Polresta) Pekanbaru

Ederta, Gemma (2021) Penerapan Pemidanaan Terhadap Anak Sebagai Pelaku Pelecehan Seksual Di Wilayah Hukum Polisi Resort Kota (Polresta) Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

Abstract At this time the sexual activity of deviant teenagers is very concerning because it has led to criminal acts, children as perpetrators of crimes of sexual abuse against children is a dynamic that is happening nowadays. Based on data from the Pekanbaru Police from 2017 to 2019 there was an increase because in 2017 there were 10 cases of sexual crimes against children and increased in the following year 2018 to 13 cases of children and there was an increase again in 2019 to 16 cases. With the portrait of the condition of children as perpetrators of sexual harassment revealed by the police, the authors are interested in studying and analyzing the case into a scientific paper in the form of a thesis with the title: Application of Criminalization Against Children as Perpetrators of Sexual Harassment in the Legal Area of the Pekanbaru City Resort Police (Polresta) The main formulation in this study is how the application of punishment against children as perpetrators of sexual abuse and what are the inhibiting factors for the application of punishment against children as perpetrators of sexual abuse. This research method, the type and nature of the research is observational research, is descriptive in nature, provides an explanation through a study of applicable legal provisions and what happens in the reality of society. Empirical research uses legal materials consisting of primary data, namely data obtained directly from sources in the field and secondary data, namely data obtained from library materials which are divided into primary legal materials, secondary legal materials. This research was conducted in this study, the authors obtained from respondents, namely the Head of Criminal Investigation Unit of Pekanbaru Police, Head of Criminal Investigation Unit of Pekanbaru Police and Head of Sub-Directorate of Polresta Pekanbaru and Parents of Abuse Children. The application of criminalization against children as perpetrators of sexual harassment by the Pekanbaru Police uses a restorative justice approach, while according to the author it is not possible to carry out diversion because the provisions of the diversion rules can only be given to children who violate the maximum sentence of 7 years and for sexual harassment the maximum sentence is 15 year. The factors inhibiting the implementation of criminalization against children as perpetrators of criminal acts of sexual harassment (Case Study of Pekanbaru Police) internal factors, namely lack of Human Resources or personnel and external, namely coordination between related institutions in the diversion process that is not optimal, the victim does not understand the diversion process , as well as the victim and / or the victim's family rejecting the apologies and remorse of the child in conflict with the law.

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