Legal Literacy - This article discusses the Supreme Court Decision No. 1288/K/Pid/2023 regarding violence against children. Violence is an act that violates legal norms and is prohibited, especially if the victim is part of a vulnerable group such as children.

According to the Kamus Besar Bahasa Indonesia (KBBI) or the Great Indonesian Dictionary, violence is something/a matter that is harsh. The actions of individuals or groups that are carried out to cause others to experience physical suffering are also interpreted by the KBBI as violence.

In English, violence is termed as violence. According to the World Health Organization (WHO) as reported from the site National Library of Medicine, violence is the intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, that either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment or deprivation.

From the definitions of KBBI and WHO above, it can be concluded that in general, violence is an act, activity, or activity carried out intentionally, whether accompanied by threats or not, to cause suffering to others physically or mentally. Therefore, violence is an act that is contrary to legal norms and laws and regulations.

In the perspective of criminal law in Indonesia as referred to in the Criminal Code (KUHP), there are several acts that can be categorized as acts of violence, such as threats and extortion, rape, violence against life, and persecution. Several Criminal Law Experts assess that violence can be identified/equated with persecution as referred to in Articles 351-358 of the Criminal Code.

Violence against Children

The formulation of Criminal Acts of Violence is also regulated outside the provisions of the Criminal Code. One of them is the crime of violence against children as referred to in Law Number 35 of 2014 concerning the Second Amendment to Law of the Republic of Indonesia Number 23 of 2002 concerning Child Protection.

Article 76C of the Law on Child Protection mandates the provision that everyone is prohibited from placing, allowing, committing, ordering to commit, or participating in Violence against Children. The threat of criminal sanctions is contained in Article 80 paragraph (1), namely imprisonment for a maximum of 3 (three) years and 6 (six) months and/or a fine of a maximum of IDR 72,000,000.00 (seventy-two million rupiah).

One of the criminal events of violence against children occurred in the legal area of the Sidenreng Rappang District Court, South Sulawesi Province, where JR was the perpetrator and RAS was the victim.

In essence, this case began when the perpetrator JR and RAS had an argument/dispute with harsh words through social media Instagram. The perpetrator JR, who is domiciled in the City of Makassar, then refused to accept it and decided to visit the victim RAS who lived in a boarding house in Sidrap Regency.

Based on the facts revealed in the trial, the perpetrator JR was proven to have committed a criminal act of violence/persecution against the victim RAS in the form of beatings, hair pulling, and kicking. As a result of the violence against children committed by the perpetrator JR, the victim RAS suffered injuries due to blunt trauma as explained in the Visum Et Repertum of Nene Mallomo Regional General Hospital.

At the first level trial, the Public Prosecutor charged the perpetrator JR with an alternative indictment, namely violence against children as referred to in Article 80 paragraph (1) jo. Article 76C of Law of the Republic of Indonesia Number 35 of 2014 concerning the Second Amendment to Law of the Republic of Indonesia Number 23 of 2002 concerning Child Protection or ordinary persecution as referred to in Article 351 paragraph (1) of the Criminal Code.

The Panel of Judges of the Sidenreng Rappang District Court through Decision Number: 103/Pid.B/2023/PN.Sdr dated June 21, 2023, believed that the actions of the perpetrator JR were persecution as referred to in Article 351 paragraph (1) of the Criminal Code. According to the Panel of Judges, when the crime occurred, the victim RAS was still 16 years old, but it was known that the victim RAS had been married for 3 (three) months even though she had been divorced, so the victim RAS was no longer qualified as a child.

Likewise, with the opinion of the Panel of Judges at the Makassar High Court as referred to in Decision Number: 582/PID/2023/PT.MKS dated August 08, 2023. The Public Prosecutor in his appeal memorandum argued that the victim RAS was still categorized as a child as referred to in the provisions of several laws and regulations, although in the end the Makassar High Court upheld the decision of the Sidenreng Rappang District Court.

The Public Prosecutor at the Sidenreng Rappang District Attorney's Office then filed a cassation legal effort to the Supreme Court of the Republic of Indonesia. At this cassation level, the Supreme Court of the Republic of Indonesia as Judex Jurist stated that Judex Factie had wrongly applied the law.

According to Judex Jurist, the victim RAS is still categorized as a child even though she has been marriedTherefore, the decision of the High Court of Makassar, which upheld the decision of the Sidenreng Rappang District Court, was incorrect in the context of the application of law.

According to Judex Jurist also, Judex Facti did not properly and correctly consider the legally relevant facts. In fact, based on the facts, the perpetrator JR has fulfilled the elements of the first charge, namely Article 80 paragraph (1) jo. Article 76C of Law of the Republic of Indonesia Number 35 of 2014 concerning the Second Amendment to Law of the Republic of Indonesia Number 23 of 2002 concerning Child Protection.

The Supreme Court of the Republic of Indonesia through Supreme Court Decision Number 1288 K/Pid/2023 dated October 24, 2023, then overturned the Decision of the Makassar High Court Number: 582/PID/2023/PT.MKS dated August 08, 2023, which upheld the Decision of the Sidenreng Rappang District Court Number: 103/Pid.B/2023/PN.Sdr dated June 21, 2023. In the end, the perpetrator JR was sentenced to imprisonment for 10 (ten) months and a fine of Rp. 50,000,000.00 (fifty million rupiah) with the provision that if the fine is not paid, it will be replaced with imprisonment for 2 (two) months.