Analisis Terkait Pengenaan Uu Perlindungan Anak Pada Tindak Pidana Pencabulan Yang Dilakukan Oleh Anggota Militer

The criminal act of obscenity can be committed by anyone and the victim can also be in vain without exception, as in decision Number: 142-K/PM II-09/AD/IX/2022. The issues are 1) Do the defendant's actions fulfill the elements of a crime of morality? and 2) Are the judge's considerations in accordance with Law Number 23 of 2014 concerning Amendments to UURI Number 23 of 2002 concerning Child Protection? The research method is normative law with a descriptive analytical research type, using secondary data then analyzed qualitatively and deductive logic as a conclusion. The research results show that the elements contained in the provisions of Article 281 paragraph (1) of the Criminal Code have been fulfilled, but in this case the judge did not pay enough attention to the fact that one of the victims was still a minor, so that the actions committed by the defendant must be subject to the provisions Article 76E in conjunction with Article 82 paragraph (1) of the Child Protection Law and the judge's consideration of ignoring the principle of "lex specialist derogat lege generali" is not in accordance with UURI Number 23 of 2014 concerning Amendments to UURI Number 23 of 2002 concerning Child Protection because there are victims who are still under age so that the provisions of Article 63 paragraph (2) of the Criminal Code which adheres to the principle of "lex specialist derogat lege generali" can apply.