儿童的刑事责任--引诱受害人发生性关系罪(研究决定编号 40/Pid.Sus-Anak/2023/PN.Tjk)

Khafifa Adhelia Putri Ikhsan, Zainab Ompu Jainah
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Tjk? and What is the criminal responsibility for children committing the crime of persuading the victim to commit sexual intercourse based on Decision Number 40/Pid.Sus-Anak/2023/PN. Tjk? The research method used in this thesis research is a normative juridical approach and an empirical approach. Secondary data is data obtained through library research, such as literature books and scientific works related to research problems. Secondary data consists of 3 (three) legal materials, namely, primary, secondary and tertiary legal materials. Prime data is data obtained from research results in the field directly on the research object (field research) which is carried out by means of direct observation and interviews regarding the object in writing this thesis. 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引用次数: 0

摘要

性骚扰是指具有性特征的行为或关注,这种行为或关注是不受欢迎的、不可取的,并且会对骚扰对象造成困扰。性骚扰包括但不限于:为得到某些东西而支付性报酬、胁迫进行性活动、贬低性取向或性行为的言论、要求进行儿童喜欢的性行为、带有性意味的言语或行为;所有这些都可归类为性骚扰。这种行为可以是直接的,也可以是暗示的。本研究的问题是,根据第 40/Pid.Sus-Anak/2023/PN.Tjk 号决定,导致儿童犯下劝诱受害者性交罪行的因素有哪些?根据第 40/Pid.Sus-Anak/2023/PN.Tjk.号决定,儿童实施劝诱受害人性交犯罪的刑事责任是什么?Tjk?本论文研究采用的研究方法是规范法学方法和实证方法。二手数据是通过图书馆研究获得的数据,如与研究问题相关的文献书籍和科学著作。二级数据包括三(3)种法律材料,即一级、二级和三级法律材料。主要数据是直接针对研究对象的实地研究成果(实地研究)所获得的数据,这种研究是通过对本论文写作对象的直接观察和访谈来进行的。根据所获得的研究成果,可以得出以下结论:导致父亲实施欺骗和劝诱儿童发生性行为的犯罪 行为的因素有多种,如被告对宗教缺乏了解等内部因素。被告的精神状况也是一个诱因,此外,被告还患有恋童癖等性障碍,即喜欢小孩子而不是同龄人。除内部因素外,还有一些外部因素也会影响被告的犯罪,如支持被告犯罪的环境条件和居住地条件、因妻子不在家而无法发泄性欲、被告受教育程度低、媒体和技术进步也是导致被告犯罪的外部因素之一。根据第 40/Pid.Sus-Anak/2023/PN.Tjk号判决,儿童犯引诱被害人发生性关系罪的刑事责任应由儿童承担。根据第 40/Pid.Sus-Anak/2023/PN.Tjk号决定,"引诱被害人实施性交媾罪的儿童的刑事责任"(第 40/Pid.Sus-Anak/2023/PN.Tjk 号决定)将被判处在 Masgar Pesawaran 的 Bandar Lampung 二级特殊儿童发展机构(LPKA)接受为期两年的机构发展培训,并在 Hurun Pesawaran 村的社会福利组织(LPKS)接受为期三个月的就业培训。本报告可以提出的建议包括:建议社会各界,尤其是父母,在家庭环境中开展性教育,以尽量减少国 家下一代的自由性生活,因为众所周知,自由性生活会导致危险的性传播疾病,如果不正确和准确地进 行性生活的话。 对政府的建议。需要制定一部强调保护妇女和儿童的法律,并在社会上进行宣传,让人们知道强奸行为的后果。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Criminal Responsibility for Children - Crime of Inducing Victims to Commit Sexual Intercourse (Study Decision Number 40/Pid.Sus-Anak/2023/PN.Tjk)
Sexual harassment is behavior or attention of a sexual nature that is unwelcome and undesirable and has the effect of disturbing the recipient of the harassment. Sexual harassment includes, but is not limited to: sexual payment for wanting something, coercion to carry out sexual activities, derogatory statements about sexual orientation or sexuality, requests to perform sexual acts that the Child likes, speech or behavior that has a sexual connotation; all can be classified as sexual harassment. This action can be conveyed directly or implicitly. The problem in this research is what are the factors that cause children to commit the crime of persuading victims to commit sexual intercourse based on Decision Number 40/Pid.Sus-Anak/2023/PN. Tjk? and What is the criminal responsibility for children committing the crime of persuading the victim to commit sexual intercourse based on Decision Number 40/Pid.Sus-Anak/2023/PN. Tjk? The research method used in this thesis research is a normative juridical approach and an empirical approach. Secondary data is data obtained through library research, such as literature books and scientific works related to research problems. Secondary data consists of 3 (three) legal materials, namely, primary, secondary and tertiary legal materials. Prime data is data obtained from research results in the field directly on the research object (field research) which is carried out by means of direct observation and interviews regarding the object in writing this thesis. Based on the research results obtained, it can be concluded that the factors causing a father to commit a criminal act of deception and persuading a child to have sexual intercourse are due to several factors such as internal factors in the form of the defendant's lack of understanding of religion. The defendant's mental condition was also a contributing factor, as well as the defendant's sexual disorder such as pedophilia, where the defendant preferred small children to someone his own age. Apart from internal factors, there are external factors that also influence the defendant in committing the crime, such as environmental conditions and the condition of the defendant's place of residence which support the commission of the crime, being unable to give vent to his sexual desires because his wife is not at home, the defendant's low education, and the media. and technological advances were also part of the external factors that caused the defendant to commit this act. Criminal Responsibility for Children Committing the Crime of Inducing the Victim to Commit Sexual Intercourse Based on Decision Number 40/Pid.Sus-Anak/2023/PN. Tjk with the punishment of institutional development for 2 (two) years at the Bandar Lampung Class II Special Child Development Institution (LPKA) in Masgar Pesawaran and job training for 3 (three) months at the Social Welfare Organization (LPKS) in Hurun Pesawaran Village. The suggestions that can be conveyed in this writing are suggestions for the community, especially parents, to provide sex education in the family environment in order to minimize the occurrence of free sex among the next generation of the nation as it is known that free sex can cause dangerous sexually transmitted diseases, otherwise done correctly and precisely. and Suggestions for the Government. There needs to be a law that emphasizes the protection of women and children and socializes it within the community so that people know the consequences of the act of rape.
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