ABSTRAC
Talk of children and their protection will never cease throughout the history of
life, because children are the future generation and successor development, the generation
that is prepared as a subject of implementing sustainable development and in control of a
country's future, including Indonesia. Indonesian child protection means protecting the
resource potential and build insane Indonesia fully human, towards a just and prosperous
society, spiritual material based on Pancasila and the 1945 Constitution efforts in child
protection should have started as early as possible, in order to later be able to participate
meaningfully to the development state.
The problem in this research is the punishment of the perpetrators of criminal acts
committed by immoral minors based decision PN No. 58 / Pid. Sus / 2013 / PN. Batang.
In this study the authors use the research to find the law in concreto. The sampling
method chosen in this study is purposive sampling. In writing this paper the author uses
qualitative data analysis is a way of research that produces descriptive data.
The results of the study describes the crime of setting immoral positive law in
Indonesia organized in: Book of the Criminal Justice Act, namely: Article 285 of the
Criminal Code, Article 289 of the Criminal Code, Article 290 of the Criminal Code,
Article 292 of the Criminal Code and Article 293 paragraph (1) of the Criminal Code,
Article 294 Criminal Code, the Criminal Code Beyond: Law No. 23 of 2002 on Child
Protection Article 83, Law No. 11 of 2011 on the Juvenile Justice System, Law No. 44
Year 2008 on Pornography, In Concept In 2012 the National Criminal Code Article 492,
Article 493, Article 494, Article 496, Punishment against immoral criminals committed
by minors under the decision pn no. 58 / pid. Sus / 2013 / pn. Batang has met the
elements of Article 83 of Law Decree No. 23 of 2003 on Child Protection Act in
conjunction with Decree No. 3 of 1997 on the Juvenile Court to declare the defendant
legally and convincingly proven guilty of committing a crime to willfully lie and
persuade young to perform obscene acts. Thus dropping the criminal defendant to
imprisonment for 1 (one) year and 6 (six) months with a fine of Rp. 60.000.000, - (sixty
million dollars) provided that if the fine is not paid then it will be replaced with
imprisonment for 2 (two) months. Barriers faced related to Punishment for the crimes
committed by immoral minors based decision PN No. 58 / Pid. Sus / 2013 / PN Batang.
Criminal child was still a minor, so that the main obstacle in the process of investigation
is seeking information from the defendant.
Keywords: Punishment, Crime immoral, Children Under Age