Characteristics of Child Murder in Deep Article 460 of the 2023 Criminal Code Based on Dignity Justice

Slamet Slamet, Teguh Prasetyo, Yovita Arie Mangesti

Abstract


Child murder is a criminal act that has very complex legal, social, psychological, and moral dimensions, considering that children are a group that is physically and psychologically in the most vulnerable position. The 2023 Criminal Code through Article 460 presents an important breakthrough by providing special provisions related to child murder, which is different from ordinary murder. This study aims to analyze the characteristics of the crime of child murder as stipulated in Article 460 of the 2023 Criminal Code and examine its relevance to the principle   of dignified justice. The research method used is normative juridical with a statutory approach and a conceptual approach. The results of the study show that Article 460 of the 2023 Criminal Code has three main characteristics, namely: (1) the existence of special protection for children as victims of criminal acts, (2) criminal aggravation as a form of stricter legal protection, and (3) an orientation to dignified justice that balances the interests of perpetrators, victims, and society and emphasizes respect for human dignity. Furthermore, this article not only functions as a repressive norm but also as a moral and educational instrument in upholding human values and protecting children's rights. In conclusion, Article 460 of the 2023 Criminal Code is a form of progressive progress in Indonesia's criminal law politics, although the success of its implementation still depends heavily on the consistency of law enforcement officials, the effectiveness of the criminal justice system, and public awareness in respecting children's rights.


Keywords


Child Murder, Criminal Code 2023, Article 460, Dignity Justice, Child Protection

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Journal of International Trade, Logistics and Law is licensed under a Attribution-NonCommercial 4.0 International (CC BY-NC 4.0).