Legal Protection against Children Rape and Fornication

10.2478/bjlp-2022-001115

Abstract

Court Decision Number 23/Pid.Sus-Anak/2018/PN.CBi the defendant was
sentenced to 3 years in prison, with a training period of 3 (three) months. Meanwhile,
in the Semarang District Court Decision Number 10/Pid.SUs-Anak/2016/PN.Smg, the
child of the perpetrator was sentenced to 2 years. The juvenile criminal justice
system is implemented based on the following principles: Protection: Justice: Nondiscrimination: Best interests of children: Respect for children's opinions: Proportion:
Deprivation of liberty and punishment as a last resort, and Avoiding retaliation. This
is also regulated in Law no. 11 of 2012 concerning the juvenile justice system. Where
the perpetrator's child who is still under age in accordance with the theory of
restorative justice should be returned to his parents, or if there are things that are
burdensome and it is not possible to be returned to his parents, the judge's decision
will reconsider the protection of children who have the right to have a future. So thatin making decisions prioritizing coaching and training rather than confinement.