Criminalization Of Pedophilia In Indonesia: A Legal Reform To Protect Children (comparative Case Of Indonesian And India)

The term pedophilia was coined by the American Psychiatric Association (APA) and is recognized as a mental disorder in the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), specifically within the paraphilia class, characterized by an abnormal sexual attraction to minors. This research aims to compare child
protection measures against pedophilic crimes in Indonesia and India, focusing on prevention, to serve as a reference for potential legal reforms in Indonesia. It utilizes a normative research methodology. The findings reveal that both countries lack specific regulations addressing pedophilic crimes. Instead, such offenses fall under broader categories like sexual abuse of children and sexual violence against minors. However, India has taken a significant step by enacting the Protection of Children from Sexual Offenses Act in 2012 (POCSO), while Indonesia has recently implemented Law No. 1 of 2022 concerning Crimes of Sexual Violence. Importantly, pedophilia is not just a criminal act but also a mental disorder necessitating treatment. Hence, a comprehensive approach is vital for prevention. India has established a Program for Primary Prevention of Sexual Violence (PPPSV), offering support and medical intervention to individuals experiencing sexual attractions toward children, setting a valuable example for addressing this issue.