Consent Is Not a Defense: Child Grooming Cases Must Be Investigated Without Waiting for Victim Reports

JurnalPost.com - A suspected sexual abuse case involving a Nutrition Fulfillment Service (SPPG) officer and a 5th-grade elementary student has once again highlighted the dangers of child grooming. This practice is a form of manipulation against children that can lead to sexual violence or exploitation.

In this case, a 25-year-old SPPG officer allegedly initiated sexually suggestive communication with a 5th-grade student.

The National Commission on Violence Against Women (Komnas Perempuan), in a press release dated January 26, 2026, explained that child grooming is an effort by an adult to build emotional closeness and dependency with a child for the purpose of sexual exploitation.

Meanwhile, the Witness and Victim Protection Agency (LPSK) warned that this practice is often carried out through an approach that builds trust, emotional dependency, and a false sense of security.

The problem is that this pattern of relationship is still often perceived by the public as a form of personal closeness. Many even view it as a relationship based on 'mutual consent,' despite the fact that the relationship between a child and an adult involves significant disparities in age, experience, knowledge, and power.

Why Child Consent Is Psychologically Invalid

Children lack the psychological maturity and legal capacity to fully understand and provide free consent to sexual acts.

The practice of child grooming is not always preceded by direct violence or threats. Perpetrators often exploit a child's need for attention, validation, and security to build emotional intimacy.

According to Dr. Noor Fatimah Mediawati, a Law lecturer at Universitas Muhammadiyah Sidoarjo, as explained in a publication by the Faculty of Business, Law, and Social Sciences (FBHIS) UMSIDA, perpetrators can use emotional approaches to manipulate children before engaging in acts leading to sexual exploitation.

Children, especially at a young age, are more vulnerable to persuasion and manipulation by adults. This vulnerability is influenced by differences in age, experience, knowledge levels, and social standing.

In practice, perpetrators may mask this power imbalance through attention, affection, gifts, or special treatment. Consequently, a relationship that is inherently manipulative can appear to be sincere and equal.

This condition makes it difficult for a child to recognize that they are being manipulated. In fact, the child may perceive the perpetrator's behavior as a form of positive affection or attention.

When a child chooses to remain silent, it does not necessarily mean they feel comfortable or consent to the actions they are experiencing. The child may not yet understand that such behavior is a form of manipulation or sexual violence.

Therefore, what is perceived as 'consent' in a relationship between a child and an adult must be understood based on the psychological state and the power imbalance involved.

Indonesia's Legal Stance Against the 'Mutual Consent' Excuse

From a legal perspective, sexual relations between an adult and a child cannot be justified under the guise of 'mutual consent.'

Law Number 35 of 2014, which amends Law Number 23 of 2002 on Child Protection, provides special protection for children against violence and sexual crimes.

Article 76E prohibits anyone from using violence, threats of violence, coercion, deception, a series of lies, or persuading a child to perform or allow obscene acts.

Violations of these provisions are subject to criminal sanctions as stipulated in Article 82.

Furthermore, child protection is reinforced through various provisions in the Child Protection Law, including Articles 1, 13, 15, and 59.

These provisions demonstrate that children are legal subjects who must be protected from all forms of violence and exploitation.

In the context of electronic-based sexual violence, Article 14 paragraph (5) of Law Number 12 of 2022 on the Crime of Sexual Violence (UU TPKS) also asserts that if the victim is a child or a person with a disability, the victim's will or consent does not negate criminal prosecution.

Thus, the 'mutual consent' excuse cannot be used to justify sexual acts against children that meet the elements of a criminal offense.

Why Child Victims Struggle to Report

For a child who is a victim of child grooming, disclosing their experience to others is not a simple matter.

The power imbalance with the perpetrator can cause fear, confusion, shame, and even emotional dependency. In many situations, the child may not even realize they are being manipulated or are a victim of sexual violence.

Limited knowledge regarding the law and children's rights also affects a victim's ability to recognize the actions they have experienced.

Children who have developed emotional, social, or economic dependency on the perpetrator may also face difficulties when trying to distance themselves or report the incident.

On the other hand, threats, psychological pressure, and fear of the environment's response often lead victims to choose silence.

Therefore, child protection should not depend entirely on the victim's courage to report.

The family, school, community, and law enforcement must be sensitive to signs of sexual violence. Children must also be provided with a safe space to share their experiences without facing pressure, judgment, or threats.

The Law as a Protective Umbrella for Children

One of the issues in handling sexual violence against children is the persistent assumption that an act cannot be categorized as a legal violation if the child does not show resistance.

This view ignores the reality that a child's cognitive and psychological development does not yet allow them to fully understand the consequences of sexual acts or the forms of manipulation they are experiencing.

Ratna Batara, who is cited in the referenced report as the Deputy Chair of the Plenary Commission of Komnas Perempuan, emphasized that children lack the legal capacity to provideconsentin a sexual context.

Child protection is also guaranteed under Article 28B paragraph (2) of the 1945 Constitution of the Republic of Indonesia. This provision affirms every child's right to survival, growth, and development, as well as protection from violence and discrimination.

This guarantee is further strengthened by the Child Protection Law and various other legal provisions.

Internationally, Indonesia has also ratified the Convention on the Rights of the Child (CRC) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).

These instruments are part of the framework for protecting children's rights, including the state's obligation to prevent sexual exploitation and ensure the welfare and development of children.

This means that legal protection for children is not merely about punishing the perpetrator, but is also a state responsibility to ensure that children's rights are fulfilled.

When Child Grooming Can Be Investigated Without a Victim's Report

The lack of public understanding regarding sexual violence against children is a challenge in law enforcement, especially when the assumption arises that the relationship between the perpetrator and the victim was based on 'mutual consent.'

The case involving the SPPG officer and the 5th-grade student serves as an important example of the need to understand the child's position as a party requiring legal protection.

Law Number 12 of 2022 on the Crime of Sexual Violence explains that sexual violence is not limited to physical acts.

Article 4 paragraph (1) of the UU TPKS covers various forms of sexual violence, including non-physical sexual harassment and electronic-based sexual violence.

A point to note is the provision regarding complaint-based offenses in Article 14 paragraph (3) of the UU TPKS.

This article stipulates that electronic-based sexual violence is a complaint-based offense, unless the victim is a child or a person with a disability.

This provision shows that in cases of electronic-based sexual violence where the victim is a child, the legal process does not have to depend on a complaint from the victim.

In criminal law, this mechanism is known as an ordinary offense, where the law enforcement process does not require a complaint from the victim.

However, the application of criminal provisions must still be based on the nature of the act, the elements of the crime, and the evidence found during the investigation process.

This is crucial because a child who has experienced sexual violence may not necessarily have the courage or ability to report the event.

If the legal process always depends on the child's courage to file a complaint, protection efforts may face obstacles, especially when the victim is under psychological pressure or emotional dependency on the perpetrator.

In the context of the case involving the elementary student and the SPPG officer, the victim's silence cannot be immediately interpreted as consent.

Law enforcement and the public must be proactive when they encounter information regarding suspected sexual crimes against children.

Case handling must prioritize the victim's safety, the fulfillment of children's rights, and the application of legal provisions appropriate to the act committed.

Restoring the Rights of Children That Were Taken Away

Handling sexual crimes against children, including acts initiated through child grooming, cannot stop at imposing criminal sanctions on the perpetrator.

Restoring the victim's rights is also a crucial part of achieving justice.

Article 70 of the UU TPKS regulates the victim's right to recovery, including medical, mental, and social rehabilitation, social empowerment, restitution or compensation, and social reintegration.

In general, victim recovery can be viewed through two important aspects: rehabilitation and restitution.

Rehabilitation is needed to help victims overcome the physical, psychological, and social impacts of sexual violence.

Meanwhile, restitution is a form of compensation that can be given to the victim for losses arising from the criminal act.

In practice, the LPSK plays a role in providing protection and facilitating the fulfillment of victims' rights, including medical, psychological, and psychosocial rehabilitation support as needed.

Psychological support is vital for child victims because the experience of sexual violence can affect emotional development, social relationships, sense of security, and educational continuity.

In addition to rehabilitation, the fulfillment of restitution rights also requires attention.

Restitution can cover material and immaterial losses experienced by the victim, including psychological suffering and other losses that can be proven according to legal provisions.

LPSK Deputy Chair Mahyudin, as quoted in the source used by the author, emphasized the importance of restitution as part of the effort to provide justice for victims of sexual violence.

The right to restitution for children is also regulated in Article 71D of Law Number 35 of 2014 on Child Protection.

In the process of filing for restitution, child victims can receive assistance through legal mechanisms involving authorized parties, including parents or guardians, the LPSK, or public prosecutors as applicable.

However, the implementation of restitution still faces various obstacles.

One example discussed in legal studies is Decision Number 92/Pid.Sus/2025/PN Jbg, which relates to a restitution request for a child victim with cognitive disabilities.

In that case, the restitution request was rejected because the court deemed that the evidence regarding the amount of loss was insufficient.

Another issue that may arise is the perpetrator's inability or refusal to fulfill their restitution payment obligations.

This condition shows that the existence of legal rules alone is not enough to ensure the fulfillment of victims' rights.

Consistent law enforcement, adequate support, and inter-agency coordination are required so that victim recovery can truly be realized.

Ultimately, child protection must place the safety, best interests, and recovery of the victim as the top priority.

The 'mutual consent' excuse must not be used to ignore the power imbalance between children and adults, especially when there is suspected manipulation or sexual exploitation.

Law enforcement that favors child protection must go hand-in-hand with prevention efforts, increasing public awareness, and restoring victims' rights.

Thus, justice for children is not only measured by the punishment of the perpetrator, but also by the ability of the state and society to ensure that victims receive protection and the opportunity to continue their lives safely and with dignity.

Bibliography

Legislation and International Legal Instruments

1. Republic of Indonesia. The 1945 Constitution of the Republic of Indonesia.

2. Republic of Indonesia. Law Number 35 of 2014 on Amendments to Law Number 23 of 2002 on Child Protection.

3. Republic of Indonesia. Law Number 12 of 2022 on the Crime of Sexual Violence.

4. United Nations. Convention on the Rights of the Child. 1989.

5. United Nations. International Covenant on Economic, Social and Cultural Rights. 1966.

Scientific Journals

1. Alhakim, A., T. Prasetyo, and H. S. Budi. (2023). “Revitalizing Justice: Empowering Juvenile Sexual Offenders through a Restorative Approach in Indonesia.” Journal of Judicial Review, 25(1), 17–32.

2. Ayuni, Nindi, et al. (2026). “Child Grooming as a Modus Operandi for Sexual Harassment against Children: An Analysis of Power Relations from a Victimological Perspective.” Jurnal Dokicti, 3(1).

3. Galih, Y. S., A. Hermana, and F. Muhammad. (2025). “Authority to File for Restitution Rights in Cases of Violence against Children.” Jurnal Ilmiah Galuh Justisi, 13(2), 429–443.

4. Rosida, S. N., and Y. Indawati. (2026). “Fulfillment of Restitution Rights for Child Victims with Cognitive Disabilities in Sexual Violence Cases: A Study of Decision Number 92/Pid.Sus/2025/PN Jbg.” Commerce Law, 6(1), 123–131.

Official Sources and Online Publications

1. Faculty of Business, Law and Social Sciences, Universitas Muhammadiyah Sidoarjo. “Child Grooming: A Hidden Crime with Minimal Legal Protection.”

2. Komnas Perempuan. “Komnas Perempuan Press Release Highlighting Child Grooming as Gender-Based Violence in Power Relations.”

3. Media Justitia. “Incompetent Consent: Child Consent in Indonesian Law.”

4. Bagus Ahmad Rizki. “LPSK: All Parties Need to Build Awareness to Prevent Child Grooming.”

5. Rahma Syarita. “SPPG Officer and Elementary Student Case Serves as an Alarm for Child Supervision and Protection.”

6. ALSA Local Chapter Universitas Gadjah Mada. “Tracing the Effectiveness of Complaint-Based Offenses in the Law on the Crime of Sexual Violence (UU TPKS).”

7. Kompas.com. “LPSK Hands Over Total Restitution of IDR 137 Million to 3 Rape Victims of a Doctor.”

8. Kumparan. “Komnas Perempuan: Mutual Consent Does Not Remove the Criminal Element of Child Grooming.”

All online sources in the original manuscript were accessed on September 26, 2026.