Analisis Kriminologis terhadap Tindak Pidana terhadap Anak oleh Orang Tua Kandung dalam Perspektif Positivisme

Abstract

Child-related crimes remain a significant social issue, particularly when committed by biological parents who are normatively expected to provide protection and care. One of the factors frequently associated with the emergence of such crimes is socio-economic pressure, which can disrupt family stability and influence an individual's decision-making process. This study aims to analyze socio-economic factors as criminogenic factors in crimes against children committed by biological parents and to examine this phenomenon through the lens of positivist criminology. This research employs a secondary empirical-juridical research method, integrating both conceptual and case approaches. Secondary data were collected through a literature study of scientific journals, books, relevant regulations, and case studies, then analyzed using a qualitative descriptive method. The findings indicate that socio-economic conditions function as criminogenic factors by creating social and psychological vulnerabilities, which weaken the protective function of the family and lead to a shift in viewing children as commodities with economic value. Empirical evidence is reflected in the case of suspected child trafficking committed by a biological father in Batanghari, Jambi, driven by financial pressure. From the perspective of positivist criminology, such criminal behavior is not viewed merely as an exercise of free will, but rather as the consequence of external socio-economic influences that constrain the offender's human agency. This study emphasizes that combating crimes against children within the family environment requires more than just a repressive law enforcement approach; it necessitates preventive strategies focused on strengthening the socio-economic resilience of families.