The Regulation of Criminal Law of Perverted Crimes

Oct 13, 2025 by wbrum.org 0 views

The Application of Criminal Law to the Perpetrators of Same-Sex Obscene Acts: Efforts to Realize Responsive Justice in Child Protection (Study of Decision Number 90/Pid.Sus/2016/PN-BMS)

Introduction

Obscene crimes against children are one of the most detrimental and unsettling crimes that affect communities worldwide. In Indonesia, similar obscene acts have become a form of social pathology that requires serious attention. This study aims to examine the regulation of criminal law against similar obscene criminal acts, especially those concerning child protection as victims, as well as the criminal responsibility of the perpetrators based on decision number 90/Pid.Sus/2016/PN-BMS.

The Regulation of Criminal Law of Perverted Crimes

In the Criminal Code (KUHP), obscene crime is regulated in Article 292, while Law Number 35 of 2014 concerning Child Protection also contains provisions regarding sexual crimes against children. However, the regulation on sexual abuse in criminal law in Indonesia only reaches aspects of child protection as victims. Meanwhile, obscene acts involving adults with the same sex (homosexual) do not have clear rules so they cannot be subject to legal sanctions, although there are victims who feel disadvantaged.

This shows a gap in the existing legal system, where the protection of children victims of sexual crimes should be carried out with a responsive justice approach. This concept aims to provide just legal protection by prioritizing the needs and rights of children as victims of crime. The importance of responsive justice in child protection cannot be overstated, as it ensures that the rights of children are respected and protected.

Legal Protection Based on Responsive Justice

Legal protection against children victims of obscene criminal acts needs to be based on the principles of Pancasila. As a country that upholds humanitarian values and social justice, Indonesia must be able to recognize and protect human rights, especially for children as individual and social creatures. Responsive justice not only means imposing sanctions to the perpetrators, but also ensures recovery for victims, so that their rights are respected and protected.

In the context of decision number 90/Pid.Sus/2016/PN-BMS, the defendant was sentenced to prison for 17 years and a fine of Rp. 50,000,000, provided that if the fine is not paid, it will be replaced with imprisonment for 6 months. This decision shows the seriousness of law enforcement against obscene perpetrators, but it should be remembered that law enforcement must also pay attention to the rights of children as victims. The rights of children must be prioritized in the application of criminal law, as they are the most vulnerable group in society.

The Role of Law Enforcement in Child Protection

Law enforcement plays a crucial role in protecting children from obscene crimes. They must ensure that the rights of children are respected and protected, and that perpetrators are held accountable for their actions. In the context of decision number 90/Pid.Sus/2016/PN-BMS, the law enforcement agency demonstrated a commitment to protecting children by imposing a severe sentence on the defendant.

However, law enforcement must also pay attention to the rights of children as victims. This includes providing them with access to counseling and other forms of support, as well as ensuring that their rights are respected and protected throughout the legal process. The rights of children must be prioritized in the application of criminal law, as they are the most vulnerable group in society.

Conclusion

The application of criminal law to the perpetrators of same-sex obscene acts is an important step in realizing responsive justice in Indonesia. A more assertive and clear legal regulation is needed regarding the protection of children and the accountability of the perpetrators, especially in the case of similar obscene criminal acts. That way, it is hoped that people can feel safer and children as vulnerable groups can be protected from various forms of sexual crime.

Recommendations

Based on the findings of this study, the following recommendations are made:

The government should establish a more assertive and clear legal regulation regarding the protection of children and the accountability of the perpetrators, especially in the case of similar obscene criminal acts.
Law enforcement agencies should prioritize the rights of children as victims, and provide them with access to counseling and other forms of support.
The government should establish a system of support for children who have been victims of obscene crimes, including access to counseling and other forms of support.
The government should establish a system of accountability for perpetrators of obscene crimes, including severe sentences and other forms of punishment.

Limitations of the Study

This study has several limitations, including:

The study only examined the regulation of criminal law against similar obscene criminal acts, and did not examine other forms of child abuse.
The study only examined the decision number 90/Pid.Sus/2016/PN-BMS, and did not examine other decisions related to similar obscene criminal acts.
The study only examined the application of criminal law in Indonesia, and did not examine the application of criminal law in other countries.

Future Research Directions

Future research should examine the following topics:

The regulation of criminal law against other forms of child abuse, such as physical and emotional abuse.
The application of criminal law in other countries, and how it compares to the application of criminal law in Indonesia.
The impact of the application of criminal law on the rights of children as victims, and how it can be improved.

References

KUHP (Criminal Code of Indonesia)
Law Number 35 of 2014 concerning Child Protection
Decision number 90/Pid.Sus/2016/PN-BMS
Pancasila (Indonesian philosophy of humanism)
Human Rights Commission of Indonesia (Komnas HAM)

Appendix

The appendix includes the following:

The text of the decision number 90/Pid.Sus/2016/PN-BMS
The text of the law number 35 of 2014 concerning child protection
The text of the KUHP (Criminal Code of Indonesia)
The text of the Pancasila (Indonesian philosophy of humanism)
Q&A: The Application of Criminal Law to the Perpetrators of Same-Sex Obscene Acts

Q: What is the main objective of this study?

A: The main objective of this study is to examine the regulation of criminal law against similar obscene criminal acts, especially those concerning child protection as victims, as well as the criminal responsibility of the perpetrators based on decision number 90/Pid.Sus/2016/PN-BMS.

Q: What is the significance of responsive justice in child protection?

A: Responsive justice is a concept that aims to provide just legal protection by prioritizing the needs and rights of children as victims of crime. It ensures that the rights of children are respected and protected, and that perpetrators are held accountable for their actions.

Q: What is the role of law enforcement in child protection?

A: Law enforcement plays a crucial role in protecting children from obscene crimes. They must ensure that the rights of children are respected and protected, and that perpetrators are held accountable for their actions.

Q: What are the limitations of the study?

A: The study has several limitations, including:

The study only examined the regulation of criminal law against similar obscene criminal acts, and did not examine other forms of child abuse.
The study only examined the decision number 90/Pid.Sus/2016/PN-BMS, and did not examine other decisions related to similar obscene criminal acts.
The study only examined the application of criminal law in Indonesia, and did not examine the application of criminal law in other countries.

Q: What are the recommendations of the study?

A: The study recommends the following:

The government should establish a more assertive and clear legal regulation regarding the protection of children and the accountability of the perpetrators, especially in the case of similar obscene criminal acts.
Law enforcement agencies should prioritize the rights of children as victims, and provide them with access to counseling and other forms of support.
The government should establish a system of support for children who have been victims of obscene crimes, including access to counseling and other forms of support.
The government should establish a system of accountability for perpetrators of obscene crimes, including severe sentences and other forms of punishment.

Q: What are the future research directions?

A: Future research should examine the following topics:

The regulation of criminal law against other forms of child abuse, such as physical and emotional abuse.
The application of criminal law in other countries, and how it compares to the application of criminal law in Indonesia.
The impact of the application of criminal law on the rights of children as victims, and how it can be improved.

Q: What are the implications of the study for policy and practice?

A: The study has several implications for policy and practice, including:

The need for a more assertive and clear legal regulation regarding the protection of children and the accountability of the perpetrators.
The need for law enforcement agencies to prioritize the rights of children as victims.
The need for the government to establish a system of support for children who have been victims of obscene crimes.
The need for the government to establish a system of accountability for perpetrators of obscene crimes.

Q: What are the limitations of the current legal system in protecting children from obscene crimes?

A: The current legal system has several limitations in protecting children from obscene crimes, including:

The lack of clear and assertive legal regulation regarding the protection of children and the accountability of the perpetrators.
The lack of prioritization of the rights of children as victims by law enforcement agencies.
The lack of a system of support for children who have been victims of obscene crimes.
The lack of a system of accountability for perpetrators of obscene crimes.

Q: What are the recommendations for improving the current legal system?

A: The study recommends the following:

The government should establish a more assertive and clear legal regulation regarding the protection of children and the accountability of the perpetrators.
Law enforcement agencies should prioritize the rights of children as victims, and provide them with access to counseling and other forms of support.
The government should establish a system of support for children who have been victims of obscene crimes, including access to counseling and other forms of support.
The government should establish a system of accountability for perpetrators of obscene crimes, including severe sentences and other forms of punishment.