Publication Search

This research aims to analyze the application of material criminal law against perpetrators of sexual abuse crimes against children and examine the judge's considerations in sentencing in cases of sexual abuse against children committed by teachers. The study focuses on Court Decision Number 1649/Pid.Sus/2020/PN.Mks, where a Quran teacher was convicted of committing sexual abuse against several of his students. This normative legal research employs statutory and case approaches, analyzing primary legal materials including the Criminal Code (KUHP), Law Number 35 of 2014 concerning Child Protection, and the aforementioned court decision. The findings indicate that the application of material criminal law in this case has been in accordance with Article 82 paragraph (1), jo Article 76E of the Child Protection Law, where all elements of the crime were proven fulfilled. However, the judge's consideration in sentencing raises critical concerns regarding the application of aggravating factors. Under Article 82 paragraph (4) of the Child Protection Law, when sexual abuse is committed by educators, the punishment should be increased by one-third. The court sentenced the defendant to 6 years and 6 months imprisonment and a fine of Rp. 60,000,000, whereas according to the applicable law with aggravating factors, the sentence should have been 8 years and 8 months imprisonment. The study also identifies obstacles in handling such cases, including children's difficulty in revealing traumatic events, victims' fear and shame, limited witnesses, threats from perpetrators, and inadequate resources. The research recommends consistent application of sentence enhancement for perpetrators who are educators, improved inter-agency cooperation in handling child victims, enhanced school security measures, and comprehensive legal protection for child victims throughout the judicial process.  

This journal analyzes sexual violence by educators against students by analyzing Supreme Court Decision No. 5642 K/Pid.Sus/2022 using normative legal research methods. The primary focus of this research is the abuse of power relations by perpetrators holding positions of authority, as well as the legal protections afforded to child victims. Furthermore, this paper compares the provisions on sexual violence in the Child Protection Law and the Sexual Violence Criminal Law (UU TPKS). The findings indicate that courts impose harsher sentences on perpetrators who abuse their trust as educators and place victims at the center of the legal process, ensuring guarantees of recovery, psychological rehabilitation, restitution, and the right to education. The judges' approach in the ruling also reflects the spirit and principles of victim protection as outlined in the TPKS Law, including recognition of power dynamics, psychological pressure, and the importance of a victim-centered perspective. The TPKS Law expands the scope of sexual violence beyond physical aspects to include psychological and structural dimensions, which were previously not clearly regulated in other laws.  Therefore, this paper emphasizes the importance of harmonizing the two laws to create a more just, progressive, and victim-centered legal system, especially for children in educational settings. This research is expected to contribute to strengthening a more comprehensive and child-oriented legal approach.

Cases of child sexual abuse in Indonesia continue to show an alarming trend and have serious physical, psychological and social impacts on victims. This research aims to analyze the legal and social implications of these criminal acts and formulate responsive and adaptive legal protection strategies. The research method uses a normative-juridical approach through a literature study, supported by secondary data from scientific journals, laws and regulations, and official reports. The results of the study show that although child protection regulations have been regulated in Law Number 35 of 2014 and Law Number 12 of 2022, their implementation still faces obstacles, such as weak law enforcement, lack of assistance services, and low public legal awareness. Protection strategies based on the victim's perspective, community legal education, and utilization of digital technology are proposed as solutions. This research recommends inter-agency synergy and the strengthening of a legal system that is adaptive to social and digital developments

Children are a vulnerable group frequently subjected to sexual violence, whether in the form of physical abuse, psychological harm, or sexual exploitation such as pornography and prostitution. This study aims to analyze the effectiveness of legal regulations in providing protection for children against sexual violence crimes. The research is motivated by the high rate of sexual violence against children in Indonesia and the suboptimal implementation of existing regulations in ensuring justice and safety for victims. The research method used is a normative juridical approach with descriptive-qualitative analysis through the study of national laws, international conventions, and relevant literature. The findings reveal that although Indonesia has enacted regulations such as Law Number 35 of 2014 and ratified the Convention on the Rights of the Child, their implementation still faces challenges including social stigma, insufficient legal support for children, and bureaucratic delays. This study concludes that legal protection for child victims of sexual violence must be strengthened through regulatory reform, institutional capacity building, and synergy between the state, society, and local communities.

This study examines the effectiveness of Law No. 11 of 2012 on the Juvenile Criminal Justice System in providing protection for children in conflict with the law (ABH). The law establishes various provisions related to the age limits of children, the types of penalties that can be imposed, and alternative actions as protective measures. Furthermore, this study identifies the factors that contribute to minors becoming perpetrators of sexual abuse and violence. Based on the latest systematic review, key influencing factors include family dynamics, past experiences of violence, and an unsupportive social environment. These findings indicate that effective law enforcement must consider the psychosocial aspectsof children and emphasize rehabilitative and preventive approaches in addressing ABH.

Fornication is all acts related to sexual life that violate decency (decency) including sexual intercourse outside of marriage. The Criminal Code classifies criminal acts of sexual abuse where the victim is a child. Children are the younger generation and potential human resources, therefore perpetrators of criminal acts of sexual abuse against children must be subject to appropriate punishment. The focus of the study in this research is to find out the side of justice in the decision of the panel of judges which is not in accordance with the actions of the defendant (Decision Study Number 07/Pid.Sus.A/2023/Pn Byw) case study of Banyuwangi Regency from the demands of the public prosecutor to the decision of the panel of judges what was imposed on the defendant was in accordance with the defendant's actions. From the results obtained in this research, the public prosecutor in his demands did not match the defendant's actions. The author feels that the panel of judges and public prosecutors in their decision gave criminal sanctions to the defendant that were not in accordance with the defendant's actions, because the perpetrator had more than one case.

This study aims to juridically analyse the use of testimonial witness testimony de auditu in cases of sexual abuse of minors with a case study of case number 26/Pid. Sus/2024/PN Lbo. In the context of criminal law, testimonial witness testimony de auditu refers to a statement submitted by a witness regarding what he heard from another party, which cannot be used as direct valid evidence, but can provide relevant clues. This research examines the admissibility and influence of such testimony on evidence in cases of child sexual abuse, as well as its relevance in the Indonesian criminal justice system. The method used is Empirical approach by analysing legal practices, as well as related court decisions. The results showed that de auditu testimony has limitations in terms of evidentiary power, its use in cases of child sexual abuse, de auditu witness testimony should be accepted, but must be supplemented with additional evidence such as medical examinations, digital evidence, or witnesses who can confirm the event. Judges should prioritise the principles of caution, objectivity and fairness in evaluating such testimony, to ensure that the decision made is not only fair to the victim but also to the defendant.

Legal protection for victims of sexual abuse of minors is very important to guarantee children's rights and provide justice for them. Sexual abuse of children is an act of violence that can have serious impacts on the psychological, social, and physical development of children. Therefore, the state, through various legal policies, plays a role in protecting children from the threat of sexual abuse. In Indonesia, various regulations have been set to provide protection, such as the Child Protection Law, which regulates children's rights to protection from sexual violence. In addition, clear legal mechanisms and psychological assistance processes are also very necessary to ensure the recovery of victims after the incident. The importance of a child-friendly justice system is also highlighted in legal protection efforts, considering that victims often feel intimidated and marginalized in the legal process. A court process that is sensitive to the psychological condition of children will help reduce further trauma for victims. Legal protection also includes imposing strict sanctions on perpetrators to provide a deterrent effect, as well as educating the public about the importance of protecting children from sexual abuse. The government and related institutions must work together to strengthen this protection system.  

Sexual violence against children is a crucial issue in Indonesia, with the number of cases continuing to increase. This research evaluates the effectiveness of legal protection based on Law no. 35 of 2014 and Law no. 23 of 2004. Data for 2024 shows an increase in cases of child sexual violence by 15% from the previous year, with a total of 4,500 cases. The main obstacles in implementing legal protection include a lack of special training for law enforcers, limited budgets, weak inter-agency coordination, and social stigma that inhibits reporting. Comprehensive psychosocial support, such as therapy and rehabilitation, has proven crucial for victims' recovery. Suggestions for improving legal protection include increasing training, better budget allocation, improving institutional coordination, reducing social stigma, and strengthening the role of communities and non-governmental organizations. With these steps, it is hoped that legal protections can be strengthened, ensuring children grow up in a safe and supportive environment.

Child sexual abuse is a very complex and sensitive issue in society. The rapid development of society and the increase in crime have an impact on interactions that often violate the law, creating a sense of security, peace and order in society. The crime of sexual abuse of minors is committed by adults and children themselves, and is an important problem to be discussed. The purpose of this study is 1. to find out the efforts made by law enforcers in overcoming sexual abuse of minors 2. to find out how the application of sanctions against perpetrators of criminal acts of sexual abuse of minors. This research uses normative juridical methods, namely legal research conducted on legal norms contained in laws and regulations relating to the criminal offense of child abuse and the provisions of the law. The results of research and discussion show that law enforcement efforts in overcoming child abuse include several steps, namely: conducting investigations and investigations, prosecution of perpetrators, analyzing and considering in deciding cases, conducting supervision and monitoring to correctional institutions and focusing on victim protection with strict law enforcement. The application of criminal sanctions against perpetrators of child abuse through several stages, namely the process of investigation and investigation of investigation and prosecution.    

The rise in cases of violence and abuse against children in Indonesia is the background for this research. Basically, children are unable to protect their basic rights, so legal protection is needed provided by the state. The aim of this research is to determine the role of the government in providing protection for children who are victims of sexual violence, and to find out whether rehabilitation and psychological support is needed for children who are victims of violence. sexual. The method used is a normative legal method through a statutory approach and a case approach. The aim is to focus more on supporting materials specifically discussing sexual violence against children and protection for children as victims of sexual violence and harassment. As a result, the government and society have established institutions as shelter for children who are victims of sexual violence and harassment. Apart from that, this institution also provides rehabilitation and psychological support services to support the mental recovery of children who are victims of violence and sexual abuse. This case will have an impact on the child's psychological condition which can cause trauma and serious mental problems. This will have an impact on the child's future, disrupting the development process and hampering the child's potential to become a quality individual. With strong and firm legal protection, it is hoped that it can prevent and reduce cases of violence and sexual abuse against children in Indonesia.

With the times, the modus operandi of crime has also evolved. It’s characterized by crime victims who are currently not only limited to adults, but children are also often victims. One of the crimes that often befall children is sexual abuse. Indonesia as a state of law has attempted to protect children from crime, for example by establishing laws and regulations. One form of protection is by providing rights for child victims of criminal acts, one of which is the right to restitution. However, in practice, the provision of restitution hasn’t t been optimally implemented. The purpose of this research is to find out the causes of the provision of restitution that hasn’t been optimally implemented, especially in the case of Decision Number 133/Pid.Sus/2023/PN. This research uses empirical legal research methods with interview data collection techniques. Based on the results of the research, there are two factors that become obstacles in providing restitution for child victims. First, internal factors in the form of the absence of coercive rules if the perpetrator doesn’t pay restitution, administrative requirements for submitting restitution requests that burden the victim, and there are no rules that guarantee restitution is immediately paid by the perpetrator. Second, external factors in the form of the victim's lack of legal awareness and still focusing on punishing the perpetrator.

According to the state, all constructs of crime, especially domestic crime, are included with human rights violations, crimes against human dignity and discriminatory practices. Domestic crime, usually abbreviated as domestic violence, is a phenomenon that often occurs in or around the family. The majority of domestic violence is experienced by women or children because there are many aspects of life that are less or even unfair to them, thus providing opportunities for crimes against them. Physical abuse or violence, exploitation, neglect, and sexual abuse by spouses, children, or household staff are just some of the many forms of domestic crimes that can occur. In real life, there are many documented and unusual instances of domestic abuse. The purpose of this research is to determine and assess the impact of withdrawing a domestic violence report on the legal standing of the perpetrator. To examine the ambiguous standards surrounding the revocation of domestic crime reports, this research was written using normative legal research techniques with a statutory approach. The research findings show that, in accordance with Article 44 of Law Number 23 Year 2004 on the Elimination of Domestic Violence, husbands who commit violence against their spouses can be subject to sanctions. Domestic crimes are included in the relative complaint offense but are only covered in Articles 51 and 52, which basically do not make it painful or difficult for someone to carry out daily activities or hold a job or other position. Shortly after the perpetrator was named as a suspect in this domestic violence case, the victim withdrew the domestic violence report. As a result, the revocation of this report has legal consequences with the issuance of a Letter of Termination of Investigation in accordance with Article 75 of the Criminal Code.  

 This journal discusses the police's efforts to tackle cases of sexual abuse committed by parents against children in the Gorontalo Police area. Through a case analysis approach, this research explores the forms of police countermeasures at the Gorontalo Resort Police, such as pre-emptive countermeasures are initial efforts made by the police to prevent the occurrence of crime so it is usually called initial prevention, and preventive countermeasures are is a follow-up to pre-emptive efforts which aim to prevent, reduce and eliminate crime, namely by avoiding clothing that can cause sexual stimulation of the opposite sex, as well as repressive countermeasures are efforts carried out by the authorities after a crime occurs, such as taking action against the perpetrators accordingly. with his actions. Such as strict law enforcement, fair trials, rehabilitation

The case of sexual violence against children from the perspective of international law highlights the importance of protecting children from all forms of sexual exploitation and sexual abuse. The purpose of this paper is to understand the forms of international law rules regarding cases of sexual violence against children and how international law prosecutes the perpetrators. The discussion of cases of sexual violence against children shows that these cases have serious and widespread impacts, with nearly 1.7 billion children worldwide experiencing violence. To address this issue, it is necessary to strengthen the legal framework that considers all behaviors related to Child Sexual Abuse and Male Sexual Abuse (CSAM) as criminal acts. Increasing resources in law enforcement, cooperation with the private sector, education, and relevant research are also important to increase our awareness of sexual violence. The conclusion that can be drawn is that children are indeed a new generation that will continue the continuity of nations and states, so it is only fair for us and law enforcement to ensure that all human rights of children are fulfilled.

This study aims to find out about the position of children who are victims of sexual abuse in view of Victimology. The method used in this study is empirical with qualitative descriptive data analysis that describes and outlines the data and facts of the field. The results of this study show that child abuse is one of the most destructive forms of crime, and often has a long-term impact on victims of abuse. Victimology, in its view as the study of victims of crime, plays an important role in understanding the impact of child abuse, as well as in designing effective treatment and protection approaches.. The protection of children is very important because its violation is a violation of human rights. It can be seen that the position of children towards victims of abuse in the view of victimology provides a better view of victims of crime as a result of human actions that cause mental, physical and social suffering.

A connection or contact in which a kid is exploited as a sexual object for the gratification of an adult's sexual wants, such as a parent, sibling, or stranger, constitutes sexual violence against children. Children must be safeguarded from violence and prejudice while living, growing, developing, and participating in society to the fullest extent feasible, in accordance with human dignity and values. This study's focus is, thus, on ending child abuse in the Indonesian city of Bandar Lampung. The Bandar Lampung Police Women and Children Protection Unit's (PPA Unit) preventative efforts include community outreach and counseling on child protection, school-based preventative socialization and legal education on sexual violence crimes, and training and education on sexual and reproductive health rights as a required course, CCTV facilities and emergency management buttons, violence prevention teams specifically for sexual violence and standard operating procedures for prevention and competency tests and exploration activities against sexual violence and collaboration with agencies -Agency related to child protection.