VOlUME 06 ISSUE 02 FEBRUARY 2023
1Sri Endah Wahyuningsih,2Galih Bawono,3Umar Ma'ruf,4Muchamad Iksan
1Faculty of Law, Sultan Agung Islamic University, Semarang, Indonesia
2Doctoral Program, Faculty of Law, Sultan Agung Islamic University, Semarang, Indonesia
3Faculty of Law, Sultan Agung Islamic University, Semarang, Indonesia
4Faculty of Law Muhammadiyah University of Surakarta, Indonesia
DOI : https://doi.org/10.47191/ijsshr/v6-i2-17Google Scholar Download Pdf
ABSTRACT
In Indonesia, protection for victims of sexual violence against children is inadequate, because the sanctions regulations are not oriented towards protecting victims. The purpose of this research is to analyze and find regulations on criminal sanctions in cases of sexual crimes against children in Indonesia that have not been based on justice for victims, to analyze and find weaknesses in criminal sanctions regulations in cases of sexual crimes against children in the perspective of victim protection in Indonesia. This type of research is normative juridical, and to solve research problems secondary data is used which is obtained by conducting literature studies. The results of the study were then analyzed using a qualitative descriptive method. The results of the study show that criminal sanctions in cases of sexual crimes against children in Indonesia have not been based on justice, because criminal sanctions that can be imposed are only imprisonment and fines where if a fine is paid, the money goes into the state treasury which results in the recovery of children in victims of violence psychologically and materially are not assisted in the payment of the fine. There is no regulation regarding the amount of restitution that must be given to victims of sexual violence and is still limited to the realm of prosecution of perpetrators of sexual violence against children, not preventive efforts.
KEYWORDS:Legal protection, Sexual Violence, Children, Indonesia
REFERENCES
1) M. R. Wijaya and R. Arifin, “Cyber Crime in International Legal Instrument: How Indonesia and International Deal with This Crime?,” IJCLS (Indonesian J. Crim. Law Stud., vol. 5, no. 1, pp. 63–74, 2020.
2) A. Javaid, “International Journal of Law , Crime and Justice,” Int. J. Law Crime Justice., vol. 52, no. July 2017, pp. 199–210, 2018.
3) S. D. Block and L. M. Williams, “The Prosecution of Child Sexual Abuse: A Partnership to Improve Outcomes.”
4) S. E. Wahyuningsih and M. Sholeh, “Judge ’ s Considerations Analysis toward Perpetrators of Criminal Acts of Sexual Violence to Underage Children in Demak District Court Reviewed with Law Number 35 Year 2014 about Children Protection,” vol. IV, no. 35, pp. 346–352, 2017.
5) S. N. Octaviana, “Child Sexual Abuse in Indonesia: History and Challenge in Legal Perspective,” IJCLS (Indonesian J. Crim. Law Stud., vol. 4, no. 1, pp. 83–92, May 2019.
6) S. E. Wahyuningsih, “The implementation of legal protection against children who commit criminal acts in the judicial process in Indonesia,” Int. J. Psychosoc. Rehabil., vol. 24, no. 8, pp. 1097–1110, 2020.
7) A. N. Hewitt, E. Beauregard, M. A. Andresen, and P. L. Brantingham, “Identifying the nature of risky places for sexual crime: The applicability of crime pattern and social disorganization theories in a Canadian context,” J. Crim. Justice, vol. 57, no. March, pp. 35–46, 2018.
8) A. Maksum and Surwandono, “Suffer to survive: The Indonesian illegal workers experiences in Malaysia and Japan,” J. Soc. Res. Policy, vol. 8, no. 1, pp. 101–123, 2017.
9) Z. Zainuddin, “Restorative Justice Concept on Jarimah Qishas in Islamic Criminal Law,” J. Din. Huk., vol. 17, no. 3, p. 335, 2017.
10) Y. Jang, D. Kim, J. Park, and D. Kim, “International Journal of Law , Crime and Justice Conditional e ff ects of open-street closed-circuit television ( CCTV ) on crime: A case from Korea,” Int. J. Law Crime Justice., vol. 53, no. March, pp. 9–24, 2018.
11) B. Hine and A. Murphy, “Journal of Criminal Justice The impact of victim-perpetrator relationship , reputation and initial point of resistance on of fi cers ’ responsibility and authenticity ratings towards hypothetical rape cases,” J. Crim. Justice, vol. 49, pp. 1–13, 2017.
12) R. Lovell, M. Luminais, D. J. Flannery, R. Bell, and B. Kyker, “Describing the process and quantifying the outcomes of the Cuyahoga County sexual assault kit initiative,” J. Crim. Justice, vol. 57, no. May, pp. 106–115, 2018.
13) G. I. Aiffah and W. A. Religia, “Child Sexual Abuse Prevention Program: Reference to the Indonesian Government,” J. PROMKES, vol. 8, no. 2, p. 238, Sep. 2020.