ANALISIS YURIDIS UNDANG-UNDANG NOMOR 35 TAHUN 2014 TANGGUNG JAWAB HUKUM ANAK DALAM KASUS KEKERASAN SEKSUAL: PERLINDUNGAN ANAK DAN KEADILAN KORBAN

This study examines the legal responsibility of children as perpetrators of sexual violence under Law Number 35 of 2014 on Child Protection and evaluates its effectiveness within Indonesia’s juvenile criminal justice system. The central issue lies in balancing legal protection for victims who often suffer deep trauma with fair treatment and rehabilitation for child offenders, who also require protection and recovery. Using a normative legal research method with a juridical and critical approach, this study analyzes the application of Law No. 35 of 2014, Law No. 11 of 2012 (Juvenile Justice Law), and the implementation of restorative justice and diversion principles. The findings show that although the legal framework is normatively comprehensive, its implementation faces significant challenges, such as regulatory overlaps, limited understanding among law enforcement of child protection principles, and inadequate access to legal and psychosocial rehabilitation services. Data from the National Commission on Violence Against Women (Komnas Perempuan) and the Indonesian Child Protection Commission (KPAI) indicate a rising trend in sexual violence cases involving children as perpetrators. Constitutional Court Decision No. 1/PUU-VIII/2010 also emphasizes the right of child offenders to receive special legal treatment. This study recommends reforming juvenile criminal law policies to be more adaptive to today’s social and digital developments, strengthening restorative justice approaches, and enhancing cross-sectoral collaboration to create a justice system that is fair, humane, and oriented toward recovery rather than punishment.
Keywords: child legal responsibility, sexual violence, child protection, restorative justice, legal effectiveness.