Model for Settlement of Sexual Violence Crimes Committed by Children by Prioritizing the Best Interests of the Child

Abstract

Children are a mandate and gift from God Almighty who have the dignity and status of a whole human being. As human beings who are growing and developing, children can do good deeds or do those that are against the law. The rampant acts of sexual violence committed by children are alarming to many people. Although there are regulations regarding the juvenile criminal justice system that prioritize the best interests of children, the reality is that many court decisions impose prison sentences on children. This study aims to analyze the model for resolving sexual violence committed by children by prioritizing the best interests of children and prioritizing restorative justice. This study is a normative and sociological juridical research, with a legislative approach, case approach, conceptual approach, and comparative approach. By the qualitative research method, in this study, the data analysis used is the qualitative research method analysis model. The results of the study show that the model of resolution or flow in resolving sexual violence committed by children against children is divided into 2 mechanisms, namely through the juvenile criminal justice system (SPPA) and through the marriage dispensation application mechanism. The resolution of sexual violence crimes committed by children cannot be separated from the inhibiting factors in its implementation, namely the lack of adequate facilities and infrastructure, special rooms for children, operational costs, and the lack of law enforcement officers in terms of quantity.