PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA KEKERASAN SEKSUAL
| Main Author: | INDRIYANI, ANI |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2017
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| Subjects: | |
| Online Access: |
https://eprints.untirta.ac.id/9330/1/PERLINDUNGAN%20HUKUM%20TERHADAP%20ANAK%20SEBAGAI%20KORBAN%20TINDAK%20PIDANA%20KEKERASAN%20SEKSUAL.PDF https://eprints.untirta.ac.id/9330/ |
Daftar Isi:
- State is under an obligation to secure the rights of every children, since they are parts of human right, one of them is the right to protection of sexual violence. In case of sexual violence to children in a criminal trial, the victim’s testimony is required as a proof. The fact is, family perpetrators make specific intimidation during the court process. Subsequently, there is no assistance provided by the children counselling institutions for the victims when giving statement and testimony. The law officers and the children counselling institutions provide more attention on children as the doer of sexual violence. Supposedly, the institutions should provide more attention and assistance to the children as victims of sexual violence from the early stage of examination. The problem studied on this research uses the Juridical Normative approach and is analytical descriptive, and the location of research is the State Attorney Serang. The data type uses secondary data in the form of judge’s decision. Data collection techniques used literature study. Data analysis used is qualitative analysis technique. The results of the analysis indicated that: (1) The criminal law policy in providing legal protection for children as victims of sexual violence stated in the Criminal Justice System Law has not explicitly protects the victims, because the victim is only granted the rights contained in Article 90 paragraph (1), namely medical and social rehabilitations, safety assurance, and easiness in obtaining information about the case progress. However there is no right of assistance from children counselling institutions. Practically, the protection of children, define among others, the law is too prioritizing the right of suspects / defendants, while the right of victims are ignored so that victims of sexual violence lack sufficient legal protection; (2) The form of legal protection for children as victims of sexual violence is stated in Law Number 31 Year 2006 concerning Protection of Witnesses and Victims, but there is no form of protection in the form of Presidential Regulation as mandated in Article 90 paragraph (2) Law of Juvenile Justice System. Keywords: Children as Victim, Children Rights, Sexual Violence, Children Protection.