Perspektif Viktimologi Dalam Proses Pembuktian Pencabulan pada Anak (Putusan Nomor 1021/Pid.Sus/2023/Pn Rap Dan Putusan Nomor 6277 K/Pid.Sus/2024)

Abstract

Sexual violence against children in Indonesia is one of the dominant issues that has become a national concern. Many child victims do not have the courage to report, not only to child protection agencies, LPSK or law enforcement officers, but also to their parents because of threats from the perpetrators and fear of the negative stigma of society towards them as someone who has been tainted. Legal protection for witnesses and victims aims to provide a sense of security and provide protection to witnesses and victims from all forms of threats, fear, from perpetrators of criminal acts that can influence the truth in enforcing criminal law. Decision Number 1021 / Pid.Sus / 2023 / PN Rap and Decision Number 6277 K / Pid.Sus / 2024, discuss cases of sexual violence against children. This case involved the defendant FS, the ex-husband of the Acting Regent of Labuhanbatu Regency 2024- 2025 who committed an act of molestation against his own niece, SPS, a 16-year- old vocational school student. The victim, who is an orphan, lives in the house of the defendant's common-law wife named RHR, because the defendant financed her education. This economic dependency situation was exploited by the defendant to commit his indecent act. However, in the proof, the lack of evidence made the Judge at the District Court acquit the defendant in his charges. So the Public Prosecutor filed an appeal on the basis that the District Court Judge did not apply the rules of evidence by ignoring the testimony of the Child Victim. The research method used is normative juridical using primary legal materials in the form of laws and secondary legal materials related to regulations on sexual violence, books, journals and internet news. The data collection technique uses document study literature. Analysis of the collected legal materials was carried out qualitatively which functions to produce descriptive data, namely what is stated in writing and real behavior. The results of the research obtained were that the Supreme Court granted the cassation application with the consideration that the District Court was not careful in analyzing the evidence in this case. Although there were no witnesses who saw the incident directly, the TPKS Law has regulated explicit rules regarding victim statements that can stand alone without witness statements but with written evidence or expert witnesses. Judges need to develop a stronger perspective on victim protection in their considerations, not only focusing on the aspect of criminalizing the perpetrator but also on the aspect of victim recovery and protection.