Analisis Keadilan Substantif dalam Putusan Pengadilan yang Dijatuhkan Terhadap Anak sebagai Pelaku dan Anak Sebagai Korban Pencabulan

Abstract

The phenomenon of sexual abuse involving children as perpetrators and victims presents a serious challenge to the juvenile criminal justice system in Indonesia. This study aims to analyze whether judicial decisions concerning children involved in sexual abuse reflect substantive justice and to formulate appropriate sanctions from a child protection perspective. This research uses a normative juridical method with statutory and case study approaches. The study examines three court decisions, namely Decision Number 27/Pid.Sus-Anak/2022/PNSrg , Decision Number 6/Pid.Sus-Anak/2022/PN.Wng, and Decision Number 23/Pid.Sus-Anak/2023/PN.Btl. Data were collected through literature studies of primary, secondary, and tertiary legal materials and analyzed qualitatively using substantive justice and penal theories. The results show that judicial decisions tend to emphasize rehabilitation and sanctions for child perpetrators, while the rights and recovery of child victims, particularly psychological rehabilitation and restitution, have not been adequately accommodated. Therefore, substantive justice has not been fully achieved. Future sanctions should balance rehabilitation of child perpetrators with comprehensive protection and recovery of child victims to realize substantive justice within the juvenile criminal justice system.