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Reza Reyzaldy; Dian Ekawaty Ismail; Erman I. Rahim

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

The purpose of this study is to analyze the settlement of criminal cases on the liability of parents for negligence that results in minors becoming perpetrators of traffic accidents. This type of research is normative legal research with a statutory approach, a case approach and a conceptual approach. The analysis used in this study is a descriptive analysis. has not explicitly regulated the criminal liability of parents for accidents committed by children, although Civil Code Article 1367 has provided a basis for civil liability, and the new Criminal Code through Article 37 opens up opportunities for the application of the principle of vicarious liability. This study recommends the need to reconstruct the Indonesian criminal law regulation which explicitly establishes a model of parental criminal responsibility based on the principle of vicarious liability and the principle of Radbruch legal certainty, without overriding the principle of child protection in the SPPA Law.

Putri Ramadhani Rangkuty; Herna Adelia Br Simamora; Faiz Abdul Aziz Sitorus Pane; Muhammad Riyan Prasetia; Muhamad Iqbal Parinduri

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze, examine, and identify the forms of legal protection available for child victims of bullying, as well as to assess government measures in providing compensation to these victims based on Indonesia’s ius constituendum framework. In recent years, bullying cases involving minors have significantly increased, leaving victims unable to defend themselves. The primary issues addressed in this study concern the legal protection afforded to child victims of bullying and the manner in which the government provides compensation in accordance with the envisioned future law (ius constituendum) in Indonesia. This study employs a normative legal research method, relying on the examination of legal materials. The approach used is the statute approach, referring to relevant laws and regulations. The findings reveal the types of legal protection accessible to child victims of bullying and the measures that the government may implement to provide compensation in alignment with Indonesia’s aspirational legal framework.

Khofifah Laila Oktavia; La Syarifudin; Agustina Wati

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Minors today are increasingly involved in criminal acts, and this does not happen without reason. One contributing factor is the consumption of alcoholic beverages. Children in Ujoh Bilang Village have started consuming alcohol, influenced by several factors, despite being underage. They consume both branded alcoholic drinks and traditional beverages such as arak. Based on research conducted in Ujoh Bilang Village, Mahakam Ulu, several factors have been identified as reasons why minors consume alcohol. These include internal factors within the child, external factors such as family influence, environment, alcohol vendors, and cultural factors. These elements serve as the background for underage alcohol consumption in the village. According to the research findings, minors who consume alcohol are not subjected to criminal punishment but are instead given warnings or educational guidance and then returned to their parents. However, minors can be held criminally responsible under the juvenile criminal justice system if they are unable to control themselves due to intoxication, leading to criminal acts such as accidents, fights, or even murder. In such cases, minors may be prosecuted for their actions.

Alwi Bin Syeh Abubakar; Felicitas Sri Marniati; M. Slamet Turhamun

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

Guardianship has an important role in supervising minors, including the management of their parents' inherited property as stipulated in Article 51 paragraph (3) of the Marriage Law. However, the practice shows that there is an abuse of authority by the guardian, who controls and even transfers inheritance not for the benefit of the child. This research aims to examine the legal consequences of the transfer of the inheritance of minors to guardians as well as the forms of legal protection available, with a case study of the Banten High Court Decision Number 89/Pdt/2015/PT BTN. The method used is normative legal research with legislative, conceptual, analytical, and case approaches, and uses legal consequences theory from R. Soeroso and legal protection theory from Satjipto Rahardjo. The results of the study show that the control of property by the guardian can cause the loss or escape of the child's inheritance, especially if there is no strict supervision and regulation. Therefore, it is necessary to affirm the legal status of children's inheritances, regulate the authority of guardians more strictly, and apply effective legal sanctions to prevent abuse. The litigation route is an important instrument in legal protection so that children can regain their rights fairly. This research contributes to strengthening the guardianship legal system in Indonesia, especially in the context of protecting children's rights to inheritance.

Miftah Aulia Ramsen; Zindya Selvia; Fildzah Rosa

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The research titled “Legal Implications of Mixed Marriages between Indonesian Citizens and Foreign Nationals on the Citizenship Status of Minors” discusses the legal consequences arising from marriages between Indonesian citizens (WNI) and foreign nationals (WNA), particularly regarding the determination of the citizenship status of minors. Mixed marriages often create legal complexities due to differences in citizenship systems between countries, which affect the rights and legal standing of children. The research problems focus on two main issues: how Indonesian positive law regulates the citizenship status of children born from mixed marriages, and how the state provides legal protection for such children. This study employs a normative legal research method with a statutory approach, analyzing relevant laws, doctrines, and court decisions. The results show that although Law Number 12 of 2006 on Indonesian Citizenship has improved the previous system by recognizing limited dual citizenship for children, its implementation still faces several obstacles. Complicated bureaucracy, a lack of understanding among officials, and persistent discriminatory practices remain major challenges. Therefore, it is necessary to reform the legal framework and administrative system of citizenship management to ensure that the principles of non-discrimination and the best interests of the child are effectively and fairly realized.

Novenia Cecilia Nadeak; Nayla Hasana

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Forced marriage of children as debt repayment is an exploitative practice that violates human rights principles and child protection as stipulated in the 1945 Constitution, the Child Protection Law, and the Sexual Violence Criminal Law. This study uses a normative juridical method with a legislative and conceptual approach to examine legal views on the position of children in debt repayment, the relationship between unregistered marriages and forced marriage, and the forms of legal protection that can be provided to victims. The results of the analysis show that children cannot be used as objects of debt repayment because they are not included in the category of property according to the Civil Code, while the practice of unregistered marriage, which is often used as a shortcut, is not recognized by positive law. Forced marriage of children is classified as a form of economic and sexual exploitation that is subject to criminal sanctions. Therefore, it is necessary to limit the grounds for marriage dispensation, prohibit unregistered marriages for minors, and strengthen the implementation of regulations and public awareness campaigns to ensure the protection of children's rights and prevent similar practices in the future.

Neysa Brillian Abida; Nasywa Syifa

Jurnal Pendidikan dan Kewarganegara Indonesia 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

Marriages between Indonesian citizens and foreign nationals present complex legal challenges, particularly regarding the citizenship status of children born within such unions. This research explores the legal tension between Indonesia’s Marriage Law No. 1 of 1974 and Citizenship Law No. 12 of 2006, which adopt different approaches to the inheritance of nationality and the safeguarding of children’s rights. Employing a normative juridical method, the study examines statutory regulations, judicial rulings, and scholarly legal works, supported by a comparative analysis of practices in other jurisdictions. The results demonstrate that although the 2006 Citizenship Law introduced the notion of limited dual citizenship for minors, the family unity principle maintained in the Marriage Law creates procedural ambiguities especially in matters of registration and the age threshold for citizenship determination. Such inconsistencies often give rise to administrative barriers that may place children at risk of statelessness. The study argues that aligning the two legal frameworks is imperative to achieve legal certainty and uphold the best interests of the child, consistent with international conventions ratified by Indonesia. It further suggests amending overlapping provisions and improving administrative mechanisms to ensure more coherent and effective citizenship protection for children of mixed marriages.

Rafadhea Fauzia Aydraghifary; Rinaldy Amrullah; Sri Riski

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines criminal liability for the crime of exhibitionism in Indonesia and the forms of protection provided to its victims. Exhibitionism is a deviant behavior in the form of exposing genitals to others without consent, which is classified as a form of sexual harassment. Although often considered a minor act or even just "fun", exhibitionism has serious psychological impacts on victims, such as trauma, fear, anxiety, and long-term mental disorders, especially if it occurs repeatedly or is experienced by minors. From a legal aspect, the crime of exhibitionism can be prosecuted through several articles in the Criminal Code (KUHP), including Article 281 which regulates indecent acts in public, and Article 289 if the exhibitionism is carried out with violence or threats of violence. In addition, Law Number 44 of 2008 concerning Pornography can also be used as a legal basis, especially if the exhibitionism is carried out through digital media. If the victim is a child, Law Number 35 of 2014 concerning Child Protection will increase the perpetrator's punishment. The criminal liability of exhibitionists depends heavily on their mental state. Under Indonesian criminal law, a person can only be held criminally responsible if they are legally capable of being held accountable. If a perpetrator is proven to have a serious mental disorder based on a psychiatric expert's testimony, they may be subject to special measures instead of criminal punishment, such as rehabilitation in a mental hospital. Protection for victims of exhibitionism must be comprehensive. This includes facilitating the reporting process to authorities, prompt handling by law enforcement, providing counseling or psychological support, protecting the victim's identity, and educating the public to prevent exhibitionism. Integrating legal aspects, mental health, and public education is crucial in breaking the chain of this crime.

M Anlian Fanza Ghifari; Rini Fathonah; Muhammad Farid

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rise in hate speech cases involving minors on social media has become a pressing legal issue in the digital era. As more children engage with online platforms, the risks of harmful behaviors such as hate speech have grown, presenting challenges for legal systems worldwide. This study aims to examine the enforcement of law against children who commit hate speech crimes on social media, with a focus on understanding both the legal processes and the obstacles encountered during enforcement. Using a combination of normative and empirical juridical approaches, the study collects data through interviews with law enforcement officials in Bandar Lampung. The findings indicate that, although the juvenile justice system emphasizes restorative justice and provides diversion mechanisms for minor offenders, the practical application of these principles remains insufficient. Key technical challenges, such as difficulties in tracking accounts and the ease with which digital evidence is deleted, pose significant barriers to effective prosecution. Additionally, structural issues, including limited resources and the lack of digital legal literacy among law enforcement, exacerbate the problem. Despite these challenges, the study identifies best practices in diversion, such as involving psychologists, probation officers, and community leaders, as potential pathways to more humane and rehabilitative resolutions. Furthermore, the study highlights the importance of strengthening coordination between agencies, improving law enforcement capacity in digital forensics, and implementing early digital literacy education. These efforts are crucial for creating a more effective legal framework to address hate speech cases committed by children on social media, ensuring both justice and rehabilitation in the digital age.

Frans A. Kabnani; Karolus Kopong Medan; Rudepel Petrus Leo

Journal of Administrative and Sosial Science (JASS) 2025 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study aims to examine the ethical and moral considerations of judges in imposing verdicts against perpetrators of the crime of child intercourse, as reflected in Decision Number 147/Pid.Sus/2023/PN Kpg. This case is complex because the perpetrator and the victim are both still classified as minors and sexual relations occurred on the basis of consensual, but are still qualified as criminal acts based on positive Indonesian law. The main focus of this study is how judges balance protection for victims with justice for perpetrators who are also still in their childhood, as well as the extent to which the principle of restorative justice is applied in the verdict. This study uses an empirical juridical method with a qualitative approach, which relies on document studies, interviews, and analysis of court decisions. The theories used in the analysis are the theories of restorative justice, substantive justice, and child protection in the criminal justice system. The results of the study showed that the judge imposed criminal punishment on the perpetrator even though there were elements of agreement and the status of the perpetrator who was still a child. The judge's main consideration is the legal protection of children as absolute victims. However, judges do not optimally consider the approach to coaching and restorative justice as regulated in the juvenile justice system. The victim's family's refusal to mediate was also a factor that strengthened the criminal verdict. On the other hand, there is an inequality in the application of the principle of fairness, because the perpetrator is not fully positioned as a child who also needs protection and coaching.

Dewayanti Tomayahu; Nabila Putri Isabel Yahya; Roy Marthen Moonti

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The phenomenon of overcriminalization in Indonesia reflects the excessive use of criminal law against actions that should not be classified as crimes. This study aims to identify the criminogenic factors behind overcriminalization and to evaluate the urgency of reforming criminal policy. Using a normative-juridical and criminological approach, the research reveals that overcriminalization is driven by ambiguous legal norms, weak law enforcement capacity, cultural bias, and the lack of restorative justice mechanisms. As a result, vulnerable groups—such as minors, youth drug users, and the economically disadvantaged—are often subjected to disproportionate criminalization. The study concludes that the criminal justice system must return to the principle of ultimum remedium. A comprehensive legal reform is recommended through interdisciplinary methods, inclusive public participation in legislation, and the strengthening of humanistic and contextual legal education.

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.

Dilla Kartika Odje; Bhisa Vitus Wilhelmus; Deddy R. Ch. Manafe

Journal of Administrative and Sosial Science (JASS) 2025 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The crime of obscenity is still a problem that is very difficult to eliminate. The main target of criminal acts of molestation often occurs in minors. Criminal acts of abuse that occur can have long-term impacts on children as victims both physically, psychologically, and socially. The research method used by the author is normative legal research, by reviewing or examining laws and regulations and court decisions related to the legal issues at hand. The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials which are then analyzed qualitatively descriptively. The results of this study show that: (1) The basis for the consideration of the Panel of Judges in imposing a sentence on the perpetrator of the crime of child abuse in the case of Decision Number 69/Pid.Sus/2023/PN Bajawa is to consider its juridical and non-juridical aspects. (2) Regarding the legal consequences if the Restitution is unable to be paid by the Defendant so far has not been specifically regulated either in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection and Government Regulation Number 43 of 2017 concerning the Implementation of Restitution for Children Who Are Victims of Criminal Acts. If there is no provision that specifically regulates the penalty in lieu of restitution, there will be a small possibility for the Victim's Child to receive his rights.

Dhamar Djati Sasongko; Maria Benedicta Azalia Putri; Aditya Arif Pratama; Ananda Thalia Wahyu Salsabilla

Perspektif Administrasi Publik dan hukum 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The exploitation of children by parents through forced begging is a serious violation of children's rights protected by national law. This study aims to analyze legal protection for children based on Law Number 35 of 2014 concerning Child Protection and the Indonesian Penal Code (KUHP). The research method used is normative juridical with a statutory approach. The analysis shows that the state firmly prohibits the exploitation of children and imposes criminal sanctions on parents who force their children to beg. This protection includes both preventive and repressive measures. The Penal Code also strengthens child protection through provisions regarding criminal acts against minors. However, the implementation faces obstacles such as economic conditions, cultural factors, and lack of supervision. Strengthening legal enforcement and raising public awareness are necessary to ensure that child protection is effectively carried out. This study concludes that although legal instruments are available, concrete steps are still needed to eliminate child exploitation practices within the family environment.

Gita Syawla Indah Fitri; Kharisma Safitri; Rahmatul Ulfa; Rodatul Jannah; Muzhdhalifatul Azizah +2 more

Jurnal Publikasi Ilmu Psikologi. 2025 Asosiasi Riset Ilmu Kesehatan Indonesia

Cases of exposing sex are becoming increasingly common, not only attacking adults but also attacking minors. This research examines how to increase self-awareness in children by using the principles of playing seek and hide or playing hide and seek to overcome cases of sexual disclosure in early childhood (Kindergarten group). The subjects involved in this research were 16 children at Kindergarten Kartika 1-57 Bukittinggi aged 4-6 years. The research method used was experimental with a one group pretest posttest design. The results obtained in this research were that the Selinda program was proven to be effective in increasing self-awareness in students at Kindergarten Kartika 1-57 Bukittinggi.

Firda Usta Bella; Milla Devita Sari

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

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.

Muhammad Rizqi Hidayah; Adika Pranata; Muhammad Rizki Simamora; Alfin Tambak; Mohd. Mozaed Al Farid Sitorus +1 more

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This article examines various aspects related to khamar, including its linguistic meaning, definitions, impacts, and the Islamic legal perspective on it. In Arabic, khamar means something that conceals or covers, referring to intoxicating beverages that impair rational thinking. Scholars provide various definitions of khamar, encompassing intoxicants derived from fermented grapes and other substances. From an Islamic perspective, khamar is considered to have more harmful effects than benefits, affecting social, economic, and health aspects. Although the trade of khamar may provide worldly profits, it is deemed contrary to Islamic teachings due to its potential to promote immorality and corrupt morals. The impact of khamar consumption on minors is particularly damaging, affecting their physical and mental health as well as causing broader social repercussions. Islamic legal sanctions against the consumption of khamar emphasize strict prohibition to prevent its use, although specific worldly punishments are not elaborated upon. This study highlights that despite the financial advantages it might offer, the negative consequences of khamar far outweigh its benefits and should therefore be avoided for the well-being of society.    

Nayla Utami Yasin; Nirwan Junus; Julius T. Mandjo

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The purpose of this study is to find out about the legalization of underage engagement from the perspective of civil law in Indonesia. The type of research used in compiling this study is normative legal research by taking an approach that includes community legal norms and forms of legal norms contained in laws and court decisions. Furthermore, by conducting a hierarchical analysis of the synchronization between one rule and another. The results of the study indicate that the legalization of underage engagement from the perspective of civil law in Indonesia where during the engagement period the two prospective brides and grooms are not yet allowed to have a relationship as a relationship between a husband and wife, the prospective bride and groom in principle still have the same relationship with the law of their relationship between people who are not mahram who are not yet bound by marriage. Therefore, all the prohibitions that apply to the relationship between men and women also apply to them, only the prospective bride during the engagement period may not be proposed to by someone else, because she is in the engagement of her prospective husband. That the legal consequences of underage engagement will have an impact on the cancellation of the engagement itself. Talking about cancellation, cancellation means fasakh or ending the validity of something that happened previously. In addition, it will affect gender.

Sanusi Sanusi; Rezike Nurul Ergiarti; Fajar Ari Sudewo; Mukhidin Mukhidin; Moh. Taufik

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study critically examines access to justice for minors who are victims of rape in the context of the Indonesian criminal justice system, with a special focus on the human rights (HAM) perspective. This study is motivated by the high number of cases of sexual violence against children and the complexity of handling them in the Indonesian legal system. The research problem is how to protect human rights for minors who are victims of rape in the law enforcement system in Indonesia. The research method uses qualitative normative legal research by analyzing legal doctrine and related legislation. The research method used is qualitative normative legal research, namely examining various laws and regulations and related literature to understand legal principles and their implementation in the field. The results of the study show that in terms of legal-normative, the protection of children's human rights is regulated in various national and international laws and regulations. However, there are several challenges in its implementation in the field such as limited understanding of law enforcement officers, facilities, and implementing regulations. For this reason, it is necessary to strengthen socialization, legal frameworks and implementation facilities, and continuous evaluation in order to realize universal protection of children's human rights. This study identifies systemic challenges faced by victims in seeking justice, including child-unfriendly legal procedures, lack of psychosocial support, and persistent social stigma. The main findings of this study indicate a significant gap between international human rights standards on child protection and practice on the ground. This study argues for a comprehensive reform of the Indonesian criminal justice system to better accommodate the needs and rights of child victims, including the provision of specialized legal assistance, increased sensitivity of law enforcement officers, and the development of a justice mechanism that focuses on recovery. This study offers concrete recommendations for system improvement, which are expected to serve as a reference for policymakers, legal practitioners, and other stakeholders in efforts to improve access to justice for child rape victims in Indonesia.    

Sanusi Sanusi; Rezike Nurul Ergiarti; Fajar Ari Sudewo; Mukhidin Mukhidin; Moh. Taufik

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study critically examines access to justice for minors who are victims of rape in the context of the Indonesian criminal justice system, with a special focus on the human rights perspective. This study is motivated by the high number of cases of sexual violence against children and the complexity of handling them in the Indonesian legal system. The research problem is how to protect human rights for minors who are victims of rape in the law enforcement system in Indonesia. The research method uses qualitative normative legal research by analyzing legal doctrine and related legislation. The research method used is qualitative normative legal research, namely examining various laws and regulations and related literature to understand legal principles and their implementation in the field. The results of the study show that in terms of legal-normative, the protection of children's human rights is regulated in various national and international laws and regulations. However, there are several challenges in its implementation in the field such as limited understanding of law enforcement officers, facilities, and implementing regulations. For this reason, it is necessary to strengthen socialization, legal frameworks and implementation facilities, and continuous evaluation in order to realize universal protection of children's human rights. This study identifies systemic challenges faced by victims in seeking justice, including child-unfriendly legal procedures, lack of psychosocial support, and persistent social stigma. The study’s main findings indicate significant gaps between international human rights standards on child protection and practices on the ground. This study argues for a comprehensive reform of Indonesia’s criminal justice system to better accommodate the needs and rights of child victims, including the provision of specialized legal assistance, increased sensitivity of law enforcement officers, and the development of recovery-centered justice mechanisms. This study offers concrete recommendations for system improvement, which are expected to serve as a reference for policymakers, legal practitioners, and other stakeholders in efforts to improve access to justice for child rape victims in Indonesia.