CRIMINAL LIABILITY OF PERPETRATORS OF SEXUAL VIOLENCE AGAINST CHILDREN (COMPARATIVE STUDY IN INDONESIA AND MALAYSIA)

Abstract

Scientific Sexual violence is defined as a serious violation that attacks the honor, dignity, and physical and mental integrity of a minor. This crime against humanity manifests itself through the exploitation of a child’s physical and psychological vulnerabilities to satisfy sexual desires or gain certain benefits resulting from power imbalances. The prevalence of such cases in society is fueled by a lack of legal compliance, environmental influences, and the inherent vulnerability of children, which leaves them powerless to protect their own safety. This destructive phenomenon continues to show high incidence rates in both Indonesia and Malaysia, even though such acts have been classified as serious criminal offenses under the positive law of each country. The patterns of law enforcement in addressing this issue reveal two significantly different characteristics of criminal policy through a comparative study across jurisdictions. Indonesia’s criminal justice system leans toward an approach that prioritizes victim restoration by imposing sanctions such as imprisonment, chemical castration, and the imposition of material restitution. The Malaysian legal system maintains an aggressive penal character through the mandatory imposition of civil flogging (whipping) with a rattan cane in addition to the primary custodial sentence. All forms of these crimes ultimately have a massive destructive impact on children’s futures, ranging from developmental disorders to deep, long-term psychological trauma.