PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA PERSETUBUHAN DALAM PROSES PENYIDIKAN (STUDI KASUS DI PPA POLRES KOTA BATU)

The rise of sexual crimes committed by minors is increasingly troubling, with the high number of crimes committed by children, it will be very important to pay attention to how the process of protecting and handling children as perpetrators of sexual intercourse in the investigation process, considering that many children do not get the fulfillment of their rights, receive violence and inhumane treatment at the stage of investigation in the Police. This study focuses on discussing two things, namely: (1) legal protection of children as perpetrators of sexual intercourse in the investigation at the Batu City Police (2) Obstacles faced by the Batu City Police PPA Unit in providing legal protection to children as sexual partners. In this paper, using sociological juridical research methods to see the legal protection of children's rights between law in a book and law in action at the Batu City Police Resort. The legal materials used are primary legal materials sourced from interviews and observations at the Batu Police PPA Unit as well as interviews with parents and guardians of children as perpetrators, secondary legal materials in the form of literature and legislation and document studies in the form of official documents and archives. at the Batu City Police. In this study, it was concluded that: First, in terms of the implementation of legal protection for the rights of children as perpetrators of obscenity and rape, it was carried out properly and all the rights protections that should have been fulfilled, except for some rights that should have been limited due to the condition of the child being detained. The rights of children that are protected and fulfilled in carrying out investigations against children as perpetrators of criminal acts of rape and obscenity are: (a) the right to education (b) the right to legal aid (c) the right to worship (d) the right to health services ( e) the right to be protected from targets of abuse (f) the right to arrest and detention in accordance with the law (g) the right to be treated humanely and to be kept separate from adults. In addition to these rights, protection of children as perpetrators also includes the provision of special officers to accompany children from an early age, the provision of special facilities and infrastructure, the provision of guarantees to maintain relationships with parents and families, protection from giving identity through social media and labeling. Second, in terms of providing legal protection for children as perpetrators of sexual intercourse, there are several obstacles experienced by the PPA Unit Polres Batu City, namely: (1) legal substance factors (2) law enforcement factors (3) facilities and infrastructure factors (4) environmental factors child's life (5) cultural factors