: CRIMINAL OFFENCE EXPLOITATION… CRIMINAL OFFENCE EXPLOITATION OF CHILDREN ECONOMICALLY AND SEXUALLY (Case Study Rule Number 86/Pid.Sus/2018/PN Pwt)

Humans, by nature, need protectin, even children. Society has an important place in the protection of children because of the increasing number of crimes that make children victims. One is the economic and sexual exploitation of children. The study is to review the judge's judgment of sentencing the childern abuser to rule number 86/ pid. Sus /2018/ pn PWT. The study used a qualitative juridical analysis method. By data collection using literature related to research topics mainly secondary data supported from veridict, some books and regulations of legislation. The results of this study are the judicial judges' judgment of childern exploitation having already met elements that have established laws, evidence and exhibits but there is one element that does not fit the judge's theoretical faulty ruling. Yet, there is theoretically a flaw, which in the exercise of child abuse is a common misfit because a person is an instrument for a child doing a 15 - year - old sex work is sensible enough to understand consciously what the consequences are of his current and responsible work. The prosecution's low suit of punishment might influence the judge's ruling. The judge could prosecute higher and prosecution.

As humans, we need protection, as well as children. Children protection is a community effort in various positions as well asa role, which is well aware of the importance of children to future nusa nations. Furthermore, children protection is an attempt to create where a child can perform his rights and obligations in order to develop a natural children whether mentally, physically and socially.
From data published by the director of children rehabilitation for the ministry of social affairs, hersanto mentions from 2016 to mid-2019, the number of trafficking victims reached 4,906 cases and was dominated by women and children. 2 Ironically, a case at the purwokerto county court, with a case study ruling number 86/ pd. SUS /2018/ pn. PWT child abuunderer who initially offered a job to a 15-year-old who turned out to be having sex with the opposite sex and the first job offered in 2017. In the year 2018, the perpetrators were arrested while they were making a girls' transaction to get laid at one of the hotels. After investigating the perpetrators more than three times already made the transaction. In this case the prosecution alleges that the prosecution has placed, allowed, committed, or participated in the economic and/or sexual exploitation of children, the act of the accused is governed and threatened in article 76I of 2014 article 35 of the 2014 amendment on child protection. Where the offender is only being prosecuted and convicted as a minor rule in the 2002 statute of child protection Jo act 35 of 2014 on child protection, which states the principles of child protection: nondiscrimination, the best interest for the child, survival and respect for child participation. It's interesting to examine. Hence, researchers review the judge's judgment of child abutting (case study ruling number 86/ ppd. SUS /2018/ PWT) because in order to make inquiries, judges must heed the rules of proof that is the law of proof. Because legal uncertainty and overbearance would arise when the judge, in carrying out his commission, was allowed to rest his verdict only on his belief, even though it was powerful and pure. The judge's belief must be based on something by the law called the instrument of evidence. 3

RESEARCH METHODS
The kind of research used in the compilation is normatif juridical research derived from an existing literature. Dis normatif research is a study that defines the rules of current legislation, is linked to what is in the field and then is analyzed by comparing the demands of the ideal values in the legislation and the reality in the field. 4 In this case researchers analyzed data ruling as the purwokerto district court judge.
Research goes into descriptive research. Where researchers attempt to paint a clear picture only to describe the application of the materials' criminal laws to the criminal economy and sexual exploitation of children. Descriptive research itself is a comprehensive The judicial process ends with a verdict in which there is a conviction of criminal penalties, and the judge's verdict expresses his opinion on what was considered and what his verdict would be. Before reaching that stage, there is a process that must be taken, a proof phase in the rendering of a criminal against the accused.
In this case the panel of judges argued that the accused was legally and convincingly guilty of criminal acts ordering the economic and sexual exploitation of children. Regarding the legal consideration of the panel of judges, the writer will outline an analysis that is: The panel of judges can convict on condition that criminal acts meet the elements stipulated in the act. In rendering a criminal verdict should be based on evidence and a minimum of 2 (two) tools of exhibits and obtained confidence that the accused actually took place and the accused did so.
Yuridis in ruling 86/ pid. SUS /2018/ pn PWT, the process of decision making by the panel of judges is in accordance with the prevailing rule of law, based on evidence and evidence. But the elements are these: 1. everyone The element of each person meant as a sentence stating the pronoun person as the subject of criminal law would be held criminally responsible in the case. 2. It is forbidden to place, let, do, direct or participate in any economic and/or sexual exploitation of children.
Where this second element is an alternative so that when one of the elements is fulfilled it can be proved it is fulfilled. The jury finds the defendant to be found legally and convincingly guilty of criminal abuse soliciting economic and sexual exploitation of children.
In the theory that researchers knew of inclusion, it was a person who would do a delic, but not do it himself, but tell someone else to do it. The most important requirement was that people who were told must be accountable according to criminal law. 5 At this ruling after researchers have read and analyzed no element of the second telling or disproving or incorrect because the person being the tool or in this case the child doing the intercourse work is 15 (fifteen) years reasonable, A conscious understanding of the consequences of his work and being responsible because the 2014 no. 35 act on child protection does not specifically explain the inclusion (mandate to do this), the law in the book I KUHP was enacted. So, theoretically the judge's verdict in this case is flawed.
Then sociologically the judge's scales would incriminate and alleviate the accused, namely: -The damning of the accused goes against the norms of religion and decency.
-In extenial circumstances, the accused had never been convicted, admitted his conduct, and displayed good manners in the trial.
So in his judgment and the judge's conviction the judges sentenced 1 (one) years and 10 (ten) months and a fine of some Rp.100,000,000,00 (one hundred million rupiah) on the condition that if the fine was not paid was replaced with the 1 (one) month.
The researchers here disagree, because under the 2014 rule of legislation on children protection article 76i, article 88, the defendant can be sentenced to a maximum of 10 Mey Sylvia Loren : CRIMINAL OFFENCE EXPLOITATION… (ten) years in prison and/or a maximum of Rp.200,000,000,00 (two hundred million rupiah). The public prosecutor filed a lower sentence of 2 (two) years 6 (six) a month with Rp.100,000,000 fine,-(one hundred million rupiah) subsider 2 (two) months of confinement, which in practice typically influenced the judge's decision to pass a sentence that was usually lower than the prosecution's claim. In this verdict the judge sentenced the prison penal system 1 (one) years 10 (ten) months with Rp.100,000,000 fine,-(one hundred million rupiah).
Whereas a judge as an official who does the work of the judiciary could impose a higher sentence on the prosecution that still conforms to the rule of the law. The panel should also consider the charges against the accused against the norms of religion and decency. This was intended to prevent learning effects on the perpetrator, a preventive effect on the community from participating in the act, and there was a protective effect that no child would be the victim of the crime.

CONCLUSION
Based on research conducted by researchers, it can be concluded that the judge's judgment was juxerly in sentencing the child abuser (case study ruling number 86/ pid. SUS /2018/ pn PWT) on the basis of the requirement that criminal ACTS already meet elements established in article 76i of the 2014 article no. 35 on children protection, evidence and exhibits upon which the judge has confidence to pass sentence.Yet, there is theoretically a flaw, which in the elements of Instructed to do is that the person who used to be a child's accessory to the 15 -year -old relationship work is sound, understanding consciously what the consequences would be for the job itis doing and being responsible.
The prosecution's charges of low value on the threat of punishment were possible to influence the verdict of the judge in which, in practice, the judge imposed lesser sentences than the prosecution's. The judge could have ruled out a higher sentence than the prosecution would have.
As for the Suggestions raised in this study, the prosecutor should be able to maximize more in prosecuting the defendant of economic and sexual exploitation because the defendant is already using a child as a means of generating revenue. Furthermore, a judge should be even more careful in establishing an element in a case of criminal and higher punishment for the accused in order to make children feel better protected, as well as to prevent similar occurrence in society because the child is the most valuable generation of people for the future that must be guarded and protected.