PUNISHMENT FOR INDIVIDUALS COMMITTING SEXUAL CRIMES AGAINST CHILDREN: A COMPARATIVE ANALYSIS OF POSITIVE AND TRADITIONAL CRIMINAL LAW IN INDONESIA

FITRI WAHYUNI, FITRI (2024) PUNISHMENT FOR INDIVIDUALS COMMITTING SEXUAL CRIMES AGAINST CHILDREN: A COMPARATIVE ANALYSIS OF POSITIVE AND TRADITIONAL CRIMINAL LAW IN INDONESIA. Kanun Jurnal Ilmu Hukum, 26 (1). pp. 216-231. ISSN 0854-5499

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Abstract

The current punishment for sexual crimes against children, limited to imprisonment, is deemed ineffective in deterring perpetrators. This article delves into this issue through the lens of positive and customary criminal law. Employing a doctrinal method and drawing from various legal sources, the article reveals that the existing punishment under the Indonesian Criminal Code and Child Protection Laws fails to significantly reduce the incidence of such crimes. As a potential solution, traditional law could serve as supplementary punishment, involving corporal punishment or fines payable to the state treasury. This suggests that customary law could complement judicial sanctions. However, the implementation of such additional measures warrants evaluation to address other environmental factors that may contribute to these crimes.

Item Type: Article
Subjects: K Law > KF Criminal Law
Divisions: Fakultas Hukum > Program Studi Ilmu Hukum
Depositing User: Fitri Wahyu fitri wahyuni
Date Deposited: 07 Aug 2024 02:38
Last Modified: 07 Aug 2024 02:38
URI: http://repository.unisi.ac.id/id/eprint/485

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