Criminalization of Pedophilia in Indonesia: A Legal Reform to Protect Children (Comparative Case of Indonesian and India)

Abstract

The term pedophilia was coined by the American Psychiatric Association (APA), pedophilia is listed in the Diagnostic and Statistical Manual of Mental Disorder (DSM-5) as a mental disorder class of paraphilia a sexual attraction to an object or subject that is not natural. Pedophilia as a psychosexual disorder i.e. individuals with abnormal erotic desire in children. The purpose of this study is to compare the regulation of child protection from pedophilia crimes in Indonesia and India and its prevention so that it can be a reference in Indonesian legal reform. The type of research used in this study is normative research. The results showed that from a legal point of view there is no specific regulation regarding pedophilia crimes, but pedophilia crimes are associated in the form of sexual abuse in children to sexual violence in children. In terms of legislation, India has established a special law on the protection of children from sexual offenses, namely the Protection of Children from Sexual Offenses Act in 2012 (POCSO), in Indonesia has also been passed Law No. 1 of 2022 concerning Sexual Violence. Pedophilia as a psychiatric disorder, so it must be viewed not only as a crime but also a disease that must be cured therefore for the prevention of pedophilia a medical role is needed as in India there is a Program For Primary Prevention of Sexual Violence (PPPSV) that can be accessed for those who feel they have a sexual interest in children.