ARTICLE
TITLE

Basis for Judges' Considerations in Criminal Sending Article 81 Paragraph 2 Act on the Protection of Children That Childs Do Collection on the Basis of Like-Free

SUMMARY

The recent rise in cases of consensual sexual intercourse between children is very concerning considering that children are the future generation of the nation. In addition, children as subjects that must be protected either by the family or the government make it a benchmark that children are the heirs of the baton for the leadership of the Indonesian nation. So that the level of crimes committed by child perpetrators and child victims can be minimized as little as possible so that children can develop with dignity in accordance with cultural principles and laws and regulations in community life as they should. Based on the description of the background mentioned above, there is a void in the norms governing sexual intercourse with children in such circumstances, while children under any circumstances must receive protection from such acts according to the Child Protection Act, when viewed from the elements, it only regulates the crime of sexual intercourse is committed with an element of coercion and an element of lying or persuasion, however, the crime is not regulated if the sexual intercourse is carried out on the basis of mutual liking without any element of violence or inducement from the perpetrator to the victim.

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