Law Enforcement Against Children As A Criminal Act Of Sexual Harassment (Case Study of Decision Number 7/Pid.Sus- Anak/2020/PN.Srg)

Adolescence a child experiences the development of psychosexuality and emotionality that can affect a child's behavior. The developmental process experienced by adolescents can cause various kinds of problems for adolescents themselves from people who are close to their environment. Actions limited to juvenile delinquency that eventually lead to criminal acts require serious legal handling that provides protection of children's rights in the criminal justice process. Sexual abuse by children is a big problem that really needs special attention from the government. perpetrators of sexual harassment itself can occur in adults and children. The purpose of providing legal protection for perpetrators of criminal acts is to respect the rights of the perpetrators so that their fate is not hanging, there is legal certainty for perpetrators and to avoid arbitrary and unfair treatment. This study aims to determine the factors that cause the crime of sexual abuse among children in Cilegon City, to find out and to find out the judge's decision in law enforcement against children as perpetrators of sexual abuse among children in Cilegon City. The approach used in this study is a qualitative approach.


Introduction
Children are the greatest gift given by the Creator to his trusted living creatures. Children are a deposit and a mandate from the Creator, therefore every human being who is in pairs and has been given offspring is of course very grateful and very very caring for the deposit, therefore he does not want anyone or anything that will hurt his child. 1 One of the crimes that often appear in people's lives is about crimes of decency or criminal acts of decency, such as sexual intercourse, rape, obscenity and others which are very disturbing and detrimental to society, especially for women and the elderly. Every crime is against morality, morality is rooted, in a social sense and more deeply embedded than anything else. decency is one of the rules of association, ironically this crime of decency does not only afflict adult women, but also afflicts minors and is also carried out by children who also need legal protection of children's rights.
The crime of sexual abuse committed by children against children is regulated in Law Number 3 of 1997 concerning Juvenile Courts 2 . Article 1 paragraph (2) of this Law states that a naughty child is a child who commits a criminal act or a child who commits an act that is declared prohibited for a child, according to the laws and regulations as well as according to the applicable legal regulations in the community concerned.
Adolescence a child experiences the development of psychosexuality and emotionality that can affect a child's behavior. The developmental process experienced by adolescents can cause various kinds of problems for adolescents themselves from people who are close to their environment.
The problem faced by teenagers for their environment is sexual activity which seems to lead to negative things. This is said to be negative because teenagers behave and behave in deviant ways. This can be evidenced by the existence of various kinds of wrong behavior, which is usually triggered by the occurrence of sexual crimes by children, namely the influence of an unfavorable environment, pornographic reading, pornographic images, pornographic films and VCDs that are widely used in the community. These factors can cause stimulation and influence for those who read and see it, as a result there are many sexual deviations, especially by teenagers. 3 Nowadays, sexual abuse is very common among children. Based on the records of the Indonesian Child Protection Commission (KPAI) which states that the number of victims of sexual abuse against children is increasing every year. 4 These problems are often found in the association of teenagers who are no longer different in urban areas and have even penetrated into rural areas today. Actions limited to juvenile delinquency that eventually lead to criminal acts require serious legal handling that provides protection of children's rights in the criminal justice process. Sexual harassment committed by children is a big problem that really needs special attention from the government because things like this are related to the morality of the nation's successors, in this case the court as an agency that handles legal issues needs to pay attention to cases related with children, especially in cases of sexual abuse.
This has an impact on the victim either directly or physically or indirectly, such as through social media for a teenager is a mental disorder. Teenagers will experience mental trauma when interacting with strangers they meet for a longer time will cause depression and mental disorders. characteristics of children. Children involved in criminal acts who are facing and undergoing a judicial process must be remembered that a child has special characteristics and characteristics so that the handling of children in the legal process requires special approaches, services, treatment, care and protection. Legal protection for children in conflict with the law must prioritize the development and restoration of their rights without being subject to excessive punishment, so that children still have hope to look to their future without having to be hampered by the suffering of their past traumas that have experienced excessive legal action in the community Court.
The purpose of providing legal protection for perpetrators of criminal acts is to respect the rights of the perpetrators so that their fate is not hanging, there is legal certainty for perpetrators and to avoid arbitrary and unfair treatment. Therefore, there is a need for legal guarantees for child protection activities. Legal certainty needs to be sought for the continuity of child protection activities and to prevent abuses that have undesirable negative consequences in the implementation of child protection activities.
Based on the explanation above, what motivated the author to discuss this is that the author took the data file at the Cilegon District Attorney but the decision was at the Serang District Court, because in Cilegon City there was no District Court, and also until now the court's decision still prioritizes imprisonment even though this is related to children. who are underage.
One of the cases of criminal acts committed by minors (15 years) in the case of criminal acts of harassment is a high school student in Cilegon City, Warnasari Village, Citangkil District, where the victim is a 16 (sixteen) year old girl. The criminal act committed is forcing a child to commit a criminal act of sexual harassment. This case was sentenced by the Serang District Court judge who stated that the defendant was legally proven to have violated Article 81 paragraph (2) of Law Number 35 of 2014 concerning Child Protection. 5 and convincing guilt in committing a criminal act of abuse, namely by deliberately forcing children to commit acts of sexual harassment. The judge sentenced him to 2 (two) years and 6 (months) imprisonment at the Class I Tangerang Special Child Development Institute (LPKA) and Job Training for 3 (three) months. and pay the court fees charged to the child perpetrators of Rp. 2,000 (two thousand rupiah).

Methods
In this research, the writer uses normative legal research method. This method is defined as research on the rules of law, both in terms of the hierarchy of legislation and the harmonious relationship of legislation 6 This study begins by analyzing the decision of the case Number 7/Pid.Sus-Anak/2020/PN.Srg. and analyze judges' considerations in deciding cases of sexual abuse committed by children. To complete the data from the results of research that is library research, field research is needed, namely by interviewing investigators from the Cilegon Police, prosecutors from the Cilegon Prosecutor's Office and judges from the Serang District Court.
This study uses a qualitative method, which is carried out to explain and analyze phenomena, events, social dynamics. qualitative research results are to understand meaning, understand uniqueness, construct phenomena and find hypotheses. 7 The main data collection tools are by conducting interviews and reviewing the decision files. The data collected is in the form of words, pictures and not numbers.
The legal sources used in this study are primary legal materials, secondary legal materials and tertiary  factors. Education in the family is useful for shaping one's personality. In a sense, that the foundation stone for the formation of personality is education. In this case, the exemplary factor and habituation by the family are the determining factors in laying the foundation of the child's personality. Because the attitudes and actions of parents are imitated and then they are used to become patterns of behavior. In this case, pedophilic behavior can be caused by a lack of love or attention from parents during childhood. d. Physiological (biological) factors are also very important in determining physically healthy behavior, being sick continuously will interfere with a person's mental condition, one of which includes the biological need to fulfill his high sexual desire. While the victims of pedophilic behavior are children, because for them children are the right object, innocent and easily deceived with little persuasion in the form of gifts they like, children will want do whatever they want. According to the results of the study, there are several factors regarding The causes of the perpetrators to commit the crime of sexual abuse by children in the city of Cilegon include the following: a. Family Factor The lack of guidance from parents such as the lack of parental firmness to limit the child, ignore the child, allow the child to freely use the cellphone then with the internet they can search or browse or watch adult films. 11 lack of ethical and moral education from home, lack of religious education from home, lack of attention from parents. Many parents are wrong in applying attention, in the sense of devoting a form of attention only in material form. Like giving enough money, providing enough needs, enough food but many forget that nowadays the real form of attention is a form of attention in the form of affection. In Decision Number 7/Pid.Sus-Anak/2020/PN.Srg, the Judge considered that what is meant by the element of everyone is every person as a legal subject who can commit a criminal act and the act can be legally accounted for, the public prosecutor at trial has proposed the son of perpetrator I Muhammad Ilham Akbar bin (late) Pracoyo Heru Kusumo and the son of perpetrator II Satrio Tabah Saputra als Rio bin Muhammad Abral, where after having their full identity checked it turned out to be in accordance with the identity on the indictment and other documents in the case file and the child the perpetrator is physically and mentally healthy so that the actions of the perpetrator's child can be legally accounted for, so that the first element of "everyone" has been legally fulfilled.
The Panel of Judges considered that the element had committed a trick, a series of lies, or persuaded a child. that the child here refers to the object or victim of a criminal act, namely witness Maharani Nada Pratiwi binti (late) Endang Sukendar aged 16, year born in Cilegon January 4, 2004 based on the quote from the birth certificate number AL. 622.0013853 signed by the head of the Bekasi Regency Population and Civil Registry Service H.M Toha, S.Sos NIP. 010097494, Which at the time of the crime of sexual intercourse against the child, the witness was still 15 years old, this is reinforced by the photocopy of the family card and the child's birth certificate.
The panel of judges considers the elements of having intercourse with him or with other people. The Panel of Judges considered the elements of those who did, ordered them to do it and who participated in doing it.
Considering, that based on these considerations, it turns out that the child's actions have fulfilled all the elements of the public prosecutor's indictment, so that the judge concludes that the child has been legally and convincingly proven to have committed the crime he was accused of, namely Considering whereas in order to impose a sentence on a child, it is necessary to first consider the aggravating and mitigating matters; a. Aggravating things: 1) Children's actions are disturbing the community; b. Easing things: 1) Courteous child in court; 2) The perpetrators' children have never been punished; 3) Children regret their actions; The judges of the Serang District Court have sentenced the child perpetrators to imprisonment for 2 (two) years and 6 (six) months respectively at the Class 1 Tangerang Special Child Development Institute (LPKA) and Job Training for 3 (three) months.
In this case the author is of the opinion that the criminal sentence that was decided was not appropriate, based on Article 81 paragraph (2) explaining "The criminal provisions as referred to in paragraph (1) also apply to anyone who intentionally commits a trick, a series of lies, or persuades a child to have sexual intercourse. with him or with someone else." In this case, the perpetrators of children are not included in the category of children anymore, but have been said to be adults. hormonally they can be said to be adults and according to Islamic law they are said to be adults because they have experienced what is called Baligh. And in Islamic law there is an age limit that is said to be baligh for women and men, namely 9 years for women and 12 years for boys. While in this case the perpetrators are 15 years old. This is also not the intention to override Law No. 11 of 2012 concerning the Juvenile Criminal Justice System, article 5 paragraph (1) which explains that "The Juvenile Criminal Justice System must prioritize the Restorative Justice approach" but in this case the settlement of diversion and restoration cannot be used because This case is not an ordinary juvenile delinquency case but an extraordinary juvenile delinquency which is about adultery.
Thus, the author concludes that the results of the decision made by the Serang District Court of Justice were not correct. In the author's opinion, the prison sentence given should not have a deterrent effect on the perpetrators, should be sentenced to prison more than what the judge decided. For example 3 years or maybe 4 years. Because this is included in the category of extraordinary juvenile delinquency because he has committed adultery which has caused a woman's chastity to be lost and cannot be returned as before because of her actions.
The theory of restorative justice that the author has explained above can be used as a reference for law enforcement to minimize the punishment of child offenders. In law enforcement in Indonesia, law enforcement officers, especially the police, prosecutors and judges, as well as other law enforcement officers, prioritize the principle of restorative justice. Restorative justice has an application that is carried out by conducting deliberation, approaches with kinship between perpetrators, victims, and the community so as to prevent children from being punished.
The increasing number of children sentenced to imprisonment continues to grow, on that basis it is important to remind law enforcement officials the importance of the perspective of child protection and the best interests of children in handling criminal cases, so that children are not easily included in criminal proceedings. Therefore, the researcher advises the government to carry out regular evaluations through national strategies that have been encouraged by various ministries. Especially regarding the practice of juvenile justice.

Conclusion
Based on the results of the analysis and discussion of the data, the authors obtain conclusions that can be drawn from the research.  (2) explaining "The criminal provisions as referred to in paragraph (1) also apply to anyone who intentionally commits a trick, a series of lies, or persuades a child to have intercourse with him or with another person. " In this case, the perpetrators of children are not included in the category of children anymore, but have been said to be adults. hormonally they can be said to be adults and according to Islamic law they are said to be adults because they have experienced what is called Baligh. And in Islamic law there is an age limit that is said to be baligh for women and men, namely 9 years for women and 12 years for boys. While in this case the perpetrators are 15 years old. This is also not the intention to override Law No. 11 of 2012 concerning the Juvenile Criminal Justice System, article 5 paragraph (1) which explains that "The Juvenile Criminal Justice System must prioritize the Restorative Justice approach" but in this case the settlement of diversion and restoration cannot be used because This case is not an ordinary juvenile delinquency case but an extraordinary juvenile delinquency which is about adultery. Thus, the prison sentence given does not have a deterrent effect on the perpetrator, should be sentenced to prison more than what the judge decided. For example 3 years or maybe 4 years. Because this is included in the category of extraordinary juvenile delinquency because he has committed adultery which has caused a woman's chastity to be lost and cannot be returned as before because of her actions.