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Andini Raehun Putri Sidin; Heryanto Amalo; Rudepel Petrus Leo

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Kupang City is the capital of East Nusa Tenggara province which is inseparable from the case of rape of a father against a biological child. There are several cases including a minor being a victim of sexual violence. Tragically, a student of a junior high school in Kupang became a victim of rape committed by her biological father. The case of adultery committed by the father to his biological child was handled by the PPA Unit of the Kupang City Police Satreskrim in 2019. The results of this study show that (1) the causative factor for children as victims of rape by biological fathers in Kupang City is the influence of lack of religious understanding in the family environment that causes the perpetrator to commit crimes. The actions carried out by the perpetrator were carried out repeatedly without thinking about the mental and physical influence of the victim. For this reason, it is hoped that religious understanding can be applied in the family environment so that it becomes a moral benchmark for one's life as well as the cases researched by the author. (2)) The impact on children as victims of rape by biological fathers in Kupang City is the physical and social impact experienced by the victim after the incident that befell the victim. (3) Legal Protection Efforts for Children as Victims of Rape by Biological Fathers in Kupang City In particular, Indonesia has its own law regarding the protection of children, namely Law Number 23 of 2004 concerning Child Protection. In Articles 81 and 82 of the Law on Child Protection, it is stipulated that the perpetrator of sexual abuse of children is sentenced to a maximum of 15 years in prison.

Eva Albatun Nabilah; Vinny Alvionita; Andi Sri Hastuti Handayani Usman; Eka Darmayanti Putri Siregar; Olivia Pamilangan Andilolo

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to see the determination of the minimum limit of criminal liability for children in conflict with the law after the emergence of the rape and murder case of a junior high school student in Palembang in August 2024 where the three perpetrators who were under 14 (fourteen) years old were not sentenced but only in the form of actions. This research is a normative legal research that uses a statutory approach and a case approach. The results of this study indicate that when referring to the provisions of international law on children, namely the CRC and its General Comments and the Beijing Rules, the determination of the minimum age of criminal liability for children and the minimum age of children can be punished in national law, namely the SPPA, is appropriate so that there is no need for changes. There are three solutions to dealing with cases of children committing sexual violence in the future that the government can do, namely: Strengthening parental responsibility in supervising digital literacy and strengthening family socio-economics, psychological approaches to children and the importance of sex education