Criminal Liability for Perpetrators Forcing Children into Indecent Acts

A Case Study within the Jurisdiction of Central Bengkulu Police

Abstract

This research examines the issue of criminal liability for perpetrators who force children to commit indecent acts, with a case study in the jurisdiction of the Central Bengkulu Police. The study was triggered by cases reported in 2023, including one involving a perpetrator suffering from thyroid disease. Employing an empirical legal research method with a descriptive approach, this study aims to analyze the legal responsibility of offenders as well as the underlying factors contributing to child molestation. The findings reveal that criminal liability is grounded in the principle of lex specialis derogat legi generali, where special legislation overrides general provisions. Accordingly, such acts fall under Law No. 17 of 2016 (amendment of Law No. 23 of 2002 on Child Protection), particularly Article 82, which prescribes sanctions for sexual exploitation of minors. Furthermore, several factors were identified as contributors to child molestation, including the perpetrator’s age, lack of education, economic hardship, negative environmental influences, inadequate religious education, social surroundings, and rapid technological developments. This study underscores the urgency of strengthening child protection mechanisms and addressing socio-economic and cultural determinants to prevent similar crimes in the future.