Legal Analysis of Legal Protection for Children in Sexual Violence Crimes Based on Law Number 35 of 2014 concerning Child Protection

Abstract

Sexual violence against children creates a complex legal problem when a child is not only positioned as a victim but also as an offender who remains entitled to special protection. This study analyzes criminal sanctions imposed on child offenders of sexual violence, the application of restorative justice, and legal protection for children as both offenders and victims under Law Number 35 of 2014 concerning Child Protection and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The study applies a normative juridical approach through a case study of Decision Number 62/Pid.Sus-Anak/2025/PN Mdn. Primary legal materials consist of the court decision and relevant legislation, while secondary materials include journals, books, and previous studies. The materials are examined qualitatively through content analysis and normative legal interpretation. The findings show that the rehabilitative orientation toward the child offender is reflected in an additional sanction of three months of formal education and vocational training at the North Sumatra Provincial Social Service Unit for Children and Adolescents. Judicial considerations also address the child's age, condition, social inquiry recommendation, continuation of education, and prospects for social reintegration. Nevertheless, the decision provides less explicit attention to the recovery of the child victim than to procedural protection for the child offender. The case therefore demonstrates the need to balance accountability, the best interests of the child, and victim recovery in juvenile justice.