DASAR PERTIMBANGAN HAKIM TERHADAP PEMIDANAAN ANAK SEBAGAI PELAKU TINDAK PIDANA MENGEKSPLOITASI EKONOMI ATAU SEKSUAL ANAK

Abstract

The Economic or sexual exploitation child is a sexual act with respect to the child
who can produce something such as money or satisfaction. Children as criminals or
commit acts that are outlawed for children need to be dealt with carefully through the
juvenile justice system. The problem that arises is what is the legal concept for judges in
giving consideration to criminal punishment as a criminal child sexual exploitation and is
there any special protection given to children as perpetrators of economic or sexual
exploitation of children. Methods to address these problems is the juridical method for
approaching the problem of empirical laws in force and the reality that exists in society
and the nature of the descriptive analytical study. Of these problems was found that the
judge impose punishment on children as perpetrators of criminal acts of economic or
sexual exploitation of children using the legal concept of Code of Criminal Procedure, Law
No.. 23 of 2002 on Child Protection, and Law No.. 3 1997 on the Juvenile Court, the child
who has committed a criminal act of economic or sexual exploitation of children has been
given special protection according stipulated in Law No.. 3 of 1997 on Juvenile Justice.
The conclusion is that the judge in imposing punishment on children as perpetrators of
economic or sexual exploitation apply legal concepts in the form of the Criminal Procedure
Code, Law No.. 23 of 2003 on Child Protection, and Law No.. 3 1997 on the Juvenile Court
and the children who commit crimes be given special protection are regulated according
Law No.. 3 of 1997 on Juvenile Justice.