Reconstructing Criminal Accountability of Children in Pornography Dissemination Cases

Case Study of Decision Number: 4/Pid.Sus-Anak/2024/PN Ktb

Abstract

Globalization and rapid technological development, particularly the widespread use of the internet, have generated new patterns of criminal conduct involving children as perpetrators, including the dissemination of pornographic content. This study examines the reconstruction of criminal accountability for children in conflict with the law in pornography dissemination cases, using Decision No. 4/Pid.Sus-Anak/2024/PN Ktb as a case study. The research employs doctrinal legal research with a qualitative approach, based on the analysis of secondary legal materials obtained through a literature review. The study focuses on the application of Law No. 44 of 2008 on Pornography and Law No. 11 of 2012 on the Juvenile Criminal Justice System. The findings indicate that criminal accountability in the examined case was established through a formalistic application of Article 29 of Law No. 44 of 2008, leading to the imposition of imprisonment and vocational training on a 15-year-old child offender. However, this approach demonstrates a predominantly punitive orientation that insufficiently reflects the principles of child protection and restorative justice mandated in juvenile justice policy. Accordingly, this study proposes a reconstruction of criminal accountability by prioritizing diversion mechanisms, proportional sanctions, and rehabilitative measures, while limiting custodial sentences to a measure of last resort. Such a reform-oriented approach is essential to ensure that the enforcement of pornography laws involving children remains consistent with the best interests of the child and the objectives of the juvenile criminal justice system.