| dc.description.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. | en_US |
