CRIMINAL RESPONSIBILITY FOR PERPETRATORS OF VIOLENCE CAUSING SERIOUS INJURY TO CHILDREN (ANALYSIS OF DECISION NUMBER 297/PID.B/2023/PN.JKT.SEL)

Abstract

This study analyzes the perpetrator's responsibility for violence resulting in serious injury to a child, by examining Decision Number 297/Pid.B/2023/PN.Jkt.Sel. Violence against children resulting in serious or even permanent injury constitutes a serious violation of human rights and child protection guaranteed by the constitution. Using normative juridical research methods, this paper examines the application of the elements of premeditated serious abuse and how judges consider the aspect of justice for underage victims. The results of the study indicate that criminal responsibility in this case is not only based on the perpetrator's material actions, but also on the long-term impact on the child's development. Furthermore, this decision highlights the importance of the integrity of restitution instruments as part of the perpetrator's responsibility to restore the victim's losses. This study concludes that firm law enforcement in cases of child violence must be aligned with efforts to comprehensively fulfill the victim's rights.