Penegakan Hukum Tindak Pidana Pelecehan Seksual terhadap Anak Penyandang Disabilitas (Studi Putusan Nomor 501/Pid.Sus/2020/Pn Kot dan Nomor 91/Pid.Sus/2023/Pn Tas)

Abstract

Persons with disabilities are individuals who experience long-term physical, intellectual, mental, and/or sensory limitations which, in interaction with their environment, may face obstacles and difficulties in participating fully and effectively with other citizens on the basis of equal rights. Sexual harassment can worsen their condition by making them feel powerless, causing prolonged trauma and mental disorders, and also negatively affecting their physical health. The impact of sexual harassment on women with disabilities can be extremely harmful, both physically and psychologically. Based on this, the author is interested in formulating the following research problems: how is criminal law regulated regarding sexual harassment against children with disabilities, and what are the punishments for the perpetrators of sexual harassment? The research method used is normative legal research, with data collected through literature study. The data used in this research is secondary data, sourced from laws and regulations concerning law enforcement and protection against sexual harassment, court decisions, books, and internet sources related to the issues discussed in this thesis. The results of this research reveal the form of criminal liability for acts of sexual harassment against children with disabilities, the implementation of criminal law enforcement in Indonesia, and that the analysis of this case meets the elements and requirements of a criminal offense. However, the appropriate legal basis for the judge's decision should refer to the Law on the Crime of Sexual Violence (UU TPKS), which is currently in force and provides a more comprehensive legal framework compared to Law No. 17 of 2016. This is evident from the fact that the imprisonment sentence handed down to the defendant was still very light and far below the maximum sanctions stipulated in Articles 81–82 of Law No. 17 of 2016.