Juridical Analysis of Children's Sexual Exploitation Putusan Nomor 372/Pid.sus/2O2O/PN Bgl

Abstract

 Cases of child sexual exploitation (CSEC) have become a global threat. With this increasingly modern world, cases of sexual exploitation are becoming increasingly complex due to technological advances. CSEC is all forms of child sexual abuse or abuse by forced adults, followed by giving compensation in the form of money or the like to the child concerned or through a third party. This research tries to examine related to the juridical analysis of sexual exploitation of children (Decision Number 372/Pid.sus/2020/PN Bgl). By using a normative juridical approach. The results of this study state that economic and environmental factors have a major influence on the vulnerability of children to becoming victims of sexual exploitation followed by other factors such as education, the inability of the family from an economic point of view to meet the needs of children causes children not to get an education so they do not have the skills as capital to find workers. In terms of the judge's considerations in passing the decision Number: 327/Pid.Sus/2020/PN Bgl, one of them is based on aggravating and mitigating circumstances. The aggravating circumstances were that the defendant did not support government programs in terms of preventing child exploitation and the mitigating circumstances were that the defendant had never been punished and admitted that he regretted his actions. However, in this decision the judge imposed sanctions on the defendant which were still too light because the judge in considering the case only considered one aggravating circumstance for the defendant. In addition, the judge did not consider that the defendant as the owner of the massage parlor had disturbed the community as charged by the prosecutor, and the sentencing objectives that were considered by the judge only gave a deterrent effect to the perpetrators, in which efforts to prevent the community from committing similar crimes were not one of the judge's considerations for reduce the crime of exploitation of children in Indonesia.