Amanda Putri Kurniawan, . (2024) PERTANGGUNGJAWABAN PIDANA PELAKU TINDAK PIDANA EKSPLOITASI SEKSUAL ANAK. Skripsi thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
The child protection law has been amended twice, but cases of sexual exploitation of children still fluctuate. In the last five years, it was recorded that in 2020 there were 133 cases, then in 2021 there were 274 cases, in 2022 there were 216 cases, in 2023 there were 260 cases, and recorded until May 2024 there were 94 cases. Sexual exploitation includes child prostitution, child pornography, trafficking of children for commercial purposes, sexual exploitation in tourist destinations, and child marriage. Law enforcement against cases of criminal acts of sexual exploitation of children, especially pornography, often overrides the child protection law as a legal rule that is lex specialis. As happened in the Banten High Court Decision Number: 7/PID.SUS/2022/PT.BTN which imposed a sentence with Article 296 of the Criminal Code even though the criminal act of child exploitation is included in the graviora delicta category (the most serious crime) so that the child protection law must be used as a basis for convicting someone. Other articles that can be used to enforce the law on child sexual exploitation are Article 2 Paragraph (1) of Law Number 21 Year 2007 on the Eradication of the Crime of Trafficking in Persons, Article 27 Paragraph (1) Jo. Article 45 Paragraph (1) of Law Number 11 of 2008 Jo. Law No. 19 of 2016 on Electronic Information and Transactions, Article 4 Paragraph (1) of Law No. 44 of 2008 on Pornography, Article 12 of Law No. 12 of 2022 on the Crime of Sexual Violence, and Article 407 Paragraph (1), Article 419 Paragraph (1), and Article 455 of Law No. 1 of 2023 on the Criminal Code. In addition, the use of special laws is also intended to provide a deterrent effect or pain for the perpetrators with the threat of severe criminal penalties. The type of research conducted is normative juridical with a statutory approach and a case approach and the method of data collection that the author uses includes literature study to complete the required data sources.
| Item Type: | Thesis (Skripsi) |
|---|---|
| Additional Information: | [No. Panggil: 2010611226] [Pembimbing: Beniharmoni Harefa] [Penguji 1: Slamet Tri Wahyudi] [Penguji 2: Handar Subhandi Bakhtiar] |
| Uncontrolled Keywords: | Crime of Child Sexual Exploitation, Child Prostitution, Criminal Responsibility, Participation in Crime |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | AMANDA PUTRI KURNIAWAN |
| Date Deposited: | 23 Aug 2024 08:12 |
| Last Modified: | 23 Aug 2024 08:12 |
| URI: | http://repository.upnvj.ac.id/id/eprint/32287 |
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