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Depasbond Vijaya; Tri Andrisman; Sri Riski

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The phenomenon of increasing sexual violence crimes committed by children in Indonesia poses a dilemma for law enforcement. Children as perpetrators are legally responsible subjects, but they still require special protection. This study analyzes the dualism in the regulations of Law No. 11 of 2012 on the Juvenile Criminal Justice Sistem (UU SPPA) and Law No. 35 of 2014 on Child Protection. A normative and empirical legal approach is used to assess the substance, philosophy, and implementation of both laws. The results indicate inconsistencies in the application of restorative justice principles (diversion) and repressive sanctions. It is recommended that regulations be harmonized and the capacity of law enforcement officials be strengthened to achieve a fair and recovery-oriented sistem.

Sri Utami; Hepy Krisman Laia; Muhammad Arif Sahlepi

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study examines legal protection for child victims of sexual crimes from a criminal law perspective. Using a normative approach and literature review, this study aims to determine the legal protection for child victims of sexual violence, factors that influence the occurrence of sexual violence against children, and efforts to prevent sexual violence against children. The results of this study indicate that Indonesia has a responsibility to protect child victims of crime. Law Number 23 of 2002 in conjunction with Law Number 35 of 2024 in conjunction with Law Number 17 of 2016 concerning Child Protection provides a basis for protection that includes children's rights, protection from violent crimes and discrimination, and fulfillment of their dignity and honor. Special protection is given to child victims of sexual violence through rehabilitation, protection of victim identity, guarantee of safety for victim witnesses, and accessibility to case developments. Criminal sanctions for perpetrators of sexual violence against children are regulated in the Law and the Criminal Code. In handling cases of sexual violence, the role of forensic medicine is crucial in terms of collecting the necessary evidence. The principle of diversion is also applied in handling cases of sexual violence involving minors. Serious coordination between the police, prosecutors, and judges is needed to eradicate sexual violence against children. In closing, this study presents a general overview of legal protection for child victims of sexual crimes from a criminal law perspective. Efforts continue to be made to strengthen the protection and prevention of these crimes through coordination between institutions and effective law enforcement.

Shintauli Sihombing; Andry Syafrizal Tanjung

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Children are a valuable treasure for parents. This is proven when married couples or parents who do not or have not had offspring or children then they try to find or get them even though they spend a lot of possessions. Likewise with the country. Both developed and developing countries really need children as the nation's successors. As world civilization continues to develop, parents are increasingly unwilling to give birth or have children for various reasons.The research specifications used in this research are analytical descriptive, that is, trying to describe or describe events and occurrences without carrying out hypotheses and statistical calculations. The data obtained will be presented systematically, the data required in this research is secondary data and primary data. This research is descriptive analysis, descriptive analysis, namely research aims to describe in detail, systematically and comprehensively everything related to this research problem and also normative juridically, namely research based on Ministerial regulations, books, along with analyzing Decision Number 45 /Pid.Sus-Anak/2022/Pn Mdn. Law Number 11 of 2012 concerning the Juvenile Justice System has the most basic substance in this law, namely the strict regulation of Restorative Justice and Diversion which is intended to keep children away from the justice process and avoid stigmatization of children who are in conflict with the law and are expected to can return to the social environment naturally. Factors that cause children to become perpetrators of criminal acts of sexual intercourse are due to causes in the form of environmental factors, faith factors, Social and Cultural Factors in the form of social and cultural factors can also influence children's views on sexuality and violence. Criminal acts committed by children must normatively seek diversion while still paying attention to the diversion requirements as regulated in Article 7 of the Juvenile Criminal Justice System Law. However, from the cases studied by the author, based on the District Court Decision, namely Decision Number 45/Pid.Sus-Anak/2022/Pn Mdn, the case does not meet the legal requirements for diversion even though the perpetrator is a child.