Penerapan Perlindungan Hak Anak Korban Kekerasan Seksual dalam Pembaharuan Hukum Pidana di Indonesia

Abstract

This research is entitled Application of Protection of the Rights of Children Victims of Sexual Violence in Criminal Law Reform in Indonesia. The background to this research was carried out because Indonesia has guaranteed legal protection and children's human rights, especially protection against sexual violence. The 1945 Constitution of the Republic of Indonesia mandates that every child has the right to survival, growth and development and the right to protection from violence and discrimination. The formulation of the problem proposed is: First, how does the law apply to the rights of children who are victims of sexual violence in reforming criminal law in Indonesia? Second, what is the criminal law policy regarding protecting the rights of children who are victims of sexual violence?, Third, what are the legal reforms regarding the rights of children who are victims of sexual violence in Indonesia? This research uses a normative juridical method with a statute approach. This research data was obtained through library research techniques. The literature study includes legal regulations and international conventions, as well as data relating to child protection in general and the protection of child victims of sexual crimes in particular, and court decisions related to research. The results of the research show that: (1) Most laws and regulations in Indonesia do not give adequate attention to child victims of sexual violence and it is hoped that in the future there will need to be a balance between attention to perpetrators and victims. Even though legal regulations already exist that guarantee the rights of child victims of sexual violence, including the right to restitution, which is the child victim's right, the reality regarding this shows that the judge never mentioned protecting the rights of child victims of sexual violence in his decision, even though it was included or not included in the lawsuit. , although it can be considered a legal discovery; (2) Criminal law policies regarding the protection of the rights of children who are victims of sexual violence at the level of implementing penal policies still need to be strengthened, both in court rooms and in society. (3) It is necessary to update the law regarding the protection of the rights of children who are victims of sexual violence, because it does not yet fulfill the cultural values of the Indonesian nation which are based on Pancasila, especially the First Principle of Almighty God, the Second Principle of Just and Civilized Humanity and the Fifth Principle of Social Justice for All. People of Indonesia.