NATHALINA N., LEGAL EXPERT FROM UI: CHILD ABDUCTION OFFENSE CAN BE SUBJECTED TO CHARGE STACKING
Recently, cases of violence against children, such as kidnapping, illegal adoption (including baby trading), murder for organ trafficking, and sexual exploitation of children, have often occurred. According to Nathalina Naibaho, a Lecturer in Criminal Law Studies, Faculty of Law, Universitas Indonesia (FH UI), economic factor is not the only motive for child abduction cases. Revenge against the victim’s family, the desire to rear the victim as their own child, and sexual exploitation of children through child grooming are some of the other factors that drive child abduction cases.
“In one of the recent child abduction cases, the victim’s parents did not know the perpetrator’s criminal record, so they were not suspicious or worried when the victim interacted with him. Incidentally, the victim’s parents own a food stall that allows anyone to come. Perhaps, the family also taught their children to be friendly to customers. Because of that, when parental supervision is a bit loose, the opportunity is used by the perpetrators to commit their actions,” said Nathalina.
In cases of recidivism (repeated offense), Nathalina saw a problem with the resocialization of criminals so they returned to dealing with the criminal justice system. This can be caused by the criminals’ inability to continue a new life with a better job, so the economy remains difficult and the intention to do the wrong thing reappears.
So, how does the law in Indonesia actually regulate kidnapping and child abuse cases? From a legal perspective, abduction offenses are regulated in the Criminal Code (KUHP) Articles 328 and Article 333. For child victims, the rules that apply are the Child Protection Law (Law Number 23 of 2022 and its amendments in Law Number 35 of 2014 and Law Number 17 of 2016). If during the police investigation (which is corroborated by the results of the visum et repertum) indications of obscenity or sexual violence are found, other articles in the Child Protection Law will be applied through the combined criminal act institution regulated in Article 65 of the Criminal Code and can increase the criminal threat for the perpetrators.
“In short, the legal basis for cases of child abduction accompanied by sexual abuse or violence are Article 76E and Article 76F of Law 35/2014 in conjunction with Article 82 of Law 17/2016 and Article 83 of Law 35/2014 on Child Protection in conjunction with Article 65 of the Criminal Code. In this case, the punishment for the perpetrators is increased by a third, meaning that they will receive a maximum sentence of 20 years and a maximum fine of IDR 5 billion. Victims have the right to receive rehabilitation, apply for compensation in the form of restitution, propose to install an electronic detection device on the perpetrators, and announce the identity of the accused to the public,” said Nathalina.
Of the many cases of child abduction, Nathalina saw a pattern that could be identified. The modus operandi that is usually carried out by the perpetrators is to manipulatively persuade and trick the victims. The perpetrators provide food and drink, invite to chat and take a walk, or show toys/games, pictures, and videos that are interesting for children. In fact, some even offered victims light work by promising certain wages. The perpetrators can also use deception by claiming to be a friend or relative of the parents, and use violence and/or threat so that the children are coerced to obey.
According to Nathalina, to prevent cases of child abduction, synergy is needed between the government, the community, and parents. Preventive steps are carried out through proportional and appropriate supervision, either through technology (CCTV, virtual patrols, panic button applications) or by increasing public awareness in public areas, such as schools, tutoring places, playgrounds, shopping centers, and public transportation. Children must be educated so that they ask permission from their parents or family and tell their destination if they want to go with anyone. Children must also be taught to reject invitations, threats, and coercion from strangers.
In addition, if a kidnapping case occurs, repressive steps can be taken by reporting the kidnapping to the authorities so that the victim gets optimal protection and the perpetrator can be criminally punished. The Child Protection Law regulates that child abduction victims receive special protection which includes fast treatment (including treatment and/or physical, psychological and social rehabilitation, as well as prevention of diseases and other health problems); psychosocial assistance from treatment to recovery; as well as protection and assistance in every judicial process. For victims from underprivileged families, they are entitled to receive social assistance. This special protection is carried out so that child victims of abduction can quickly recover from trauma.
