| dc.description.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. | en_US |
