PERTANGGUNGJAWABAN PIDANA TERHADAP ORANG TUA YANG MELAKUKAN EKSPLOITASI EKONOMI KEPADA ANAK SEBAGAI PENGEMIS (STUDI KASUS KOTA BATAM)

Abstract

Children are a gift given by God Almighty and human resources that we must protect, because they are the children of the nation and will continue to build the country. One of the efforts to protect children has been regulated in the constitution and also in Law Number 35 of 2014 concerning child protection. So one of the child protection efforts is to prevent children from economic exploitation. This study aims to understand whether an act committed by parents to children as beggars can be categorized as criminal acts and can be accounted for by criminal law or not and to find out criminal responsibility for the actions of parents who carry out economic exploitation of children as beggars. The method used is the empirical normative method. Based on the results of the research, it is still found, especially in Batam City, children who work on the street such as selling newspapers or begging. This happens because of economic exploitation based on several factors including economic factors, educational factors, and environmental factors. The act of exploitation of children is an act that has violated the Child Protection Act and therefore the actions of the parents can be held criminally responsible. From the results of the author's research, children who beg because of coercion from their parents, this is an economic exploitation that occurs in Batam City. This case has violated the provisions of Article 76I of the Child Protection Law Number 35 of 2014. Unfortunately, the application of Article 76I in Batam City itself is still not effective, law enforcement is weak and the community has not been able to obey and understand the applicable laws and regulations and the lack of response from the public. Public.