RECONSTRUCTION OF LEGAL SANCTIONS POLICY ON UNDERAGED HOMOSEXUAL OFFENDER IN INDONESIA BASED ON THE VALUE OF PANCASILA JUSTICEJournal: International Journal of Advanced Research (Vol.8, No. 02)
Publication Date: 2020-02-18
Authors : Cucuk Kristiono Gunarto; Anis Mashdurohatun;
Page : 824-829
Keywords : Law Reconstruction Underaged Homosexual Pancasila Justice-Value;
Homosexual behavior committed even by minors is threatened with criminal sanctions in Indonesia as stipulated in article 292 of the Criminal Code, article 82 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, article 420 of the Criminal Code Bill and article 36 of the Law Number 44 of 2008 concerning Pornography. Homosexual perpetrators have not yet been specifically regulated in the Act so that they have not led to Restorative justice, even if Diversion is carried out in accordance with Law Number 11 of 2012 concerning the Juvenile Justice System, in the implementation of Homosexual offenders by minors is still equated with other child crimes and the forms of action are still subjectively up to the investigator. based on that the author would like to study it With the main issues (1) To analyze the weaknesses of the policy of legal sanctions for perpetrators of Homosexual Crimes by minors currently and (2) find an appropriate reconstruction of the policy of legal sanctions for Homosexual offenders by minors based on the values of Pancasila justice. The research methods used are (1) Research paradigm that is looking for sources of facts, events, and handling (2) the type of research is quantitative research. (3) Research specifications that will examine the current phenomenon of Homosexual behavior that affects minors and how to handle it.The results of the study shows that (1) Weaknesses in legal sanctions is that the word homosexual is not specifically written in the Article of the existing Law, the threat of legal sanctions between the Acts is different and there is no specific action if the perpetrators are minors (2) Reconstruction of the Law governing Homosexual acts article 292 of the Criminal Code, article 82 of Law Number 35 of 2014 concerning Amendment to Law Number 23 of 2002 concerning Child Protection, article 420 of the Criminal Code Bill and article 36 of Law Number 44 of 2008 concerning Pornography, so that if the offender is a minor, then the criminal sanctions are substituted in the form of Special Rehabilitation in Special Places with integrated special handling including Psychological, Spiritual and Medical recovery. As a consideration that Homosexual behavior especially by minors is special and uncommon behavior (Psychological and sexual disorders) and is dangerous to the future of themselves and their environment.
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