Dampak Restitusi Terhadap Kesehatan Mental Anak Korban Persetubuhan: Studi Longitudinal

This journal examines the role of family support in the recovery of child victims of sexual abuse in urban areas, although there are already laws that regulate the recovery of child victims of sexual abuse such as Law Number 35 of 2014 concerning child protection, Law Number 11 of 2012 concerning the child criminal justice system that focuses on victims, and Law Number 39 of 1999 on Human Rights focuses on protecting the basic rights of every citizen. Even so, the role of the family is still needed for child victims of sexual abuse to recover. One of them is through psychological support as one of the family's efforts to help child victims of sexual abuse to recover. However, there are still obstacles in the family providing this support such as in an individualistic society where they will consider that what has passed is not a big deal and results in many family members who consider that recovery is not something that should be prioritized for child victims of sexual abuse and because of many individualistic circumstances, children prefer to remain silent rather than having to deal with family members. Therefore, the efforts of the Government and Social Institutions are highly expected and will also play an important role in the recovery of child victims of sexual abuse, by using a normative legal approach that examines how the government ensures that child victims of sexual abuse receive support from the victim in accordance with what has been regulated in the national legal framework, namely laws covering child protection

Children who are victims of crime often face severe challenges in their recovery after the incident. In the context of the Indonesian criminal justice system, protecting their rights is still an issue that has not been fully resolved. This study aims to analyze the procedures and considerations of judges in determining the amount of compensation for victims, especially children, who are victims of crime. The normative method examines relevant legal regulations and related legal principles. The analysis shows that the regulation on restitution for child victims has provided a systematic framework to ensure fair compensation. However, there are still challenges in effectively implementing restitution, especially in cases of sexual assault, where offenders often struggle to fulfil their restitution obligations. It creates injustice for victims, who have to bear the brunt of financial and emotional losses. In this context, the role of the judge is crucial in determining the amount of restitution appropriate to the loss suffered by the victim. The protection of child victims of crime is not only the responsibility of the criminal justice system but also of the entire society. Therefore, further measures are needed to increase public awareness and support in victim recovery, as well as to ensure that the criminal law system is more humane and progressive in protecting the rights of victims, especially the rights of children.

This research analyzes the legal protection for child victims of sexual abuse in Indonesia. Using a normative approach and literature review, this study aims to understand the legal protection provided to child victims of sexual abuse, the factors influencing sexual abuse against children, and efforts to prevent such criminal acts. The research reveals that Indonesia has a responsibility to protect child victims of crimes. Law Number 35 of 2014 on Child Protection provides the basis for protection, including the rights of children, protection from violence and discrimination, and the fulfillment of their dignity. Special protection is given to child victims of sexual abuse through rehabilitation, protection of the victim's identity, safety guarantees for victim witnesses, and accessibility to case developments. Criminal punishment for perpetrators of child sexual abuse is regulated by laws and the Criminal Code. In handling cases of sexual abuse, the role of forensic medicine is crucial in gathering necessary evidence. The principle of diversion is also applied in handling cases involving juvenile perpetrators of sexual violence. Serious coordination among the police, prosecutors, and judges is required to eradicate sexual abuse crimes against children. In conclusion, this research presents an overview of the legal protection for child victims of sexual abuse in Indonesia. Ongoing efforts are being made to strengthen protection and prevent these crimes through inter-agency coordination and effective law enforcement

Child sexual abuse is an alarming reality that although is recognized as a serious violation of human well-being and of the law often goes unreported or overlooked. The present study was planned to identify the clinic-social profile of victims of child sexual abuse, circumstances under which these heinous crimes have occurred and study the psychological status of the victims. A retrospective record-based study from January 1, 2017 to December 31, 2021 conducted in a tertiary care hospital of north Karnataka, India. All the female patients aged less than 18 years admitted during our investigation period who were victims of child sexual abuse were included in the study. All case reports obtained from the medical record division and fulfilling the inclusion criteria were scrutinized by the authors for completeness of data. The data was entered in MS excel master sheet and statistical analysis was performed using SPSS software version 22. A total of 158 victims of female child sexual abuse were documented in our centre. The age of the victims ranged from 1 to 17 years and that of abusers varied from 15 years to 75 years. For most incidents, the offenders were known to the victims. The highest incidence of sexual assault was reported in abusers’ home, followed by victim’s home. Majority of the female children were abused multiple times (45.6%). There is an urgent need for comprehensive prevention programs, awareness campaigns, accessible support services, public awareness campaigns and legal enhancements to address CSA effectively in schools and communities that educate children on recognizing and reporting abuse.

This study aims to describe the regulation of emotions and impulse control in child victims of sexual abuse. This research is a qualitative research with a case study approach. Data were obtained through in-depth interviews, unstructured observation and documentation to 10 informants consisting of child victims of sexual abuse, families of child victims of sexual abuse, P2TP2A officers, and health workers in Makassar City. Content analysis is used to identify topics or categories in data. The results showed that child victims of sexual abuse can regulate their emotions and control impulses well if they get help from their surroundings, especially their families. Child victims of sexual abuse are able to be optimistic and never give up because they have a desire to make their parents happy and reach their dreams in the future. It was concluded that emotional support and social support for child victims of sexual abuse play an important role in the formation and improvement of emotional regulation and impulse control in children victims of sexual abuse in the future.

While the Indonesian government has passed the Law on Child Protection to ensure the fulfillment of children's rights, there remain a substantial number of children who are victims of sexual violence. In fact, the cases reached 14,517 in 2021. For that reason, this paper aims to discuss the imposition of criminal sanction against sexual abusers and law protection for child victims of sexual abuse. This paper is a normative legal research that puts emphasis on the legal approach, especially the Child Protection Law. Regulations on procedures for imposition of sanction against sexual offenders are already included in the Child Protection Law, despite the fact that sanctions are not explicitly defined since there are minimum and maximum criminal sanctions. Therefore, it is perceived that judges can impose minimal criminal sanctions, including chemical castration, which is one of the additional sanctions as regulated in Law Number 17 of 2016. For those categorized as child victims, psychological advocacy is important to recover their mental condition and to move on from past trauma. This has been regulated as special protection that takes the forms of reproductive health education, inculcation of religious values and decency; social rehabilitation; psychosocial advocacy toward healing; and protection and advocacy at every stage of trial, from investigation, prosecution, up to examination in court. Imposition of criminal sanctions against the offender and advocacy for child victims of sexual abuse must be optimally implemented to ensure their optimal growth and development to become this country’s future generation that succeed in making their dream come true.

Concerned about the possible detrimental impact of the investigative process and court proceedings on child victims of sexual abuse, many child advocates have proposed extensive evidentiary and procedural revisions of the court process. As part of a long-term study of the effects of child sexual abuse on the victims' mental health, we observed child sexual abuse victims during juvenile and criminal court proceedings. Although it was clear to our observers that going to court was stressful for these children, it was not clear that the only effective way of reducing their stress would be to avoid "live" testimony. We propose that many simple improvements--for example, increasing the involvement of guardians ad litem, providing adequate time to prepare the child for court, reducing the number of continuances granted, and training attorneys and judges to deal effectively with child witnesses--would be less costly and less controversial to implement than closed-circuit or videotaped testimony, new hearsay exceptions, and other more extensive proposals for change.

Sexual violence against children is a serious problem that affects many aspects of children's lives. Indonesian law, especially Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, regulates legal protection for victims of child sexual violence. This study aims to conduct a juridical analysis of regulations on the crime of sexual harassment from a positive legal perspective. This study uses a normative juridical research approach. The nature of this research is descriptive and analytical. The data used is library research. The results of the study show a. Legal regulations on the protection of children from the crime of sexual harassment are contained in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection in Article 15 letters d and e, Article 59 Paragraph (1) and Paragraph (2) letter j, Article 15 A, Article 69A, Article 76E, Article 82 Paragraph (1) and Paragraph (2), and Articles 289-296 of the Criminal Code. b. The form of legal protection for child victims of sexual abuse is realized through Article 69A, which emphasizes that the protection provided to children as victims of sexual abuse. This research contributes to the implementation of legal protection for child victims of sexual abuse in Indonesia, by highlighting the importance of implementing existing regulations and their important role in providing adequate social protection and rehabilitation for victims.

Indonesia's legal protection is inadequate for children as witnesses of victims of criminal acts of decency in the criminal justice process. The objectives of the research include: To analyze the implementation of legal protection for children as witnesses of victims of crime of decency in the criminal justice process at the Kendal District Court, To analyze the treatment of children as witnesses to victims of criminal acts of decency during the criminal justice process at the Kendal District Court and for analyzing the obstacles and solutions in providing legal protection to children as witnesses of victims of crime of decency in the criminal justice process at the Kendal District Court. In this study, a sociological juridical approach is used, an approach used in dealing with problems discussed based on applicable regulations and then linked to the reality that occurs in the community. Based on the research, the conclusion is: Implementation of Legal Protection for Children as Witnesses to Victims of Crime of Decency in the Criminal Court Process against children as victims of decency crimes in the form of legal protection in the form of: Restitution and Compensation, Counseling, Medical Assistance, Legal Aid and Information Providing. Treatment of Children as Witnesses to Victims of Criminal Actions of Decency during the Criminal Court Process Law enforcement officials still treat women victims of child sexual abuse as objects, not subjects that must be heard and respected for their legal rights and Constraints and Solutions in the Kendal District Court. The victim feels traumatized as a result of this case in providing testimony at the trial and the solution and solution to these obstacles is that victims of criminal acts of sexual immorality continue to be given support from both family and community.

Abstract. Sexual violence, causing direct and indirect physical, psychological, and cultural harm, is considered a violation of human rights, especially when committed against children. This requires comprehensive intervention from families, the government, and society. The study theoretically examines transformative justice for child victims of sexual abuse. The research adopts a restorative justice approach, analyzing legal protection for the rights of child victims of sexual violence under various Indonesian regulations and assessing the application of restorative justice models. This study utilizes a normative juridical approach and employs a descriptive-analytical legal research specification. The results indicate that existing legislation, such as Law No. 35/2014 on Child Protection and Law No. 12/2022 on Sexual Violence Crimes, can protect and fulfill the rights of child victims without discrimination. Furthermore, the application of restorative justice in the context of legal protection for the rights of child victims of violence can be seen as a representation of transformative justice through various criminal justice mechanisms. Restorative justice models, such as Family Group Conferencing, Circles of Support and Accountability, Victim-Offender Mediation, Community Conferencing, and Therapeutic Jurisprudence, play a crucial role in shaping effective responses and interventions for child victims of sexual abuse. This involves deepening shared responsibilities, including mediating, appointing community services for offenders, developing empathy groups and victim panels, facilitating dialogue, and fostering the offender’s apology to the victim and society, while increasing awareness among victims. Keywords: Sexual violence, Human rights violation, Restorative justice, Child protection, Legal analysis Abstrak. Kekerasan seksual, yang menyebabkan kerugian fisik, psikologis, dan budaya secara langsung maupun tidak langsung, dianggap sebagai pelanggaran hak asasi manusia, terutama saat terjadi terhadap anak-anak. Hal ini memerlukan intervensi komprehensif dari keluarga, pemerintah, dan masyarakat. Studi ini secara teoritis mengkaji keadilan transformatif bagi korban kekerasan seksual anak. Penelitian ini mengadopsi pendekatan keadilan restoratif, menganalisis perlindungan hukum untuk hak-hak korban kekerasan seksual anak di bawah berbagai peraturan Indonesia, dan menilai penerapan model keadilan restoratif. Penelitian ini menggunakan pendekatan yuridis normatif dan menerapkan spesifikasi penelitian hukum deskriptif-analitis. Hasilnya menunjukkan bahwa undang-undang yang ada, seperti Undang-Undang Nomor 35/2014 tentang Perlindungan Anak dan Undang-Undang Nomor 12/2022 tentang Kejahatan Kekerasan Seksual, dapat melindungi dan memenuhi hak-hak korban anak tanpa diskriminasi. Selain itu, penerapan keadilan restoratif dalam konteks perlindungan hukum bagi hak-hak korban kekerasan anak dapat dilihat sebagai representasi keadilan transformatif melalui berbagai mekanisme hukum pidana. Model keadilan restoratif, seperti Konseling Kelompok Keluarga, Lingkaran Dukungan dan Pertanggungjawaban, Mediasi Pelaku dan Korban, Konferensi Komunitas, dan Yurisprudensi Terapeutik, memainkan peran krusial dalam membentuk respons dan intervensi yang efektif bagi korban kekerasan seksual anak. Ini melibatkan pendalaman tanggung jawab bersama, termasuk mediasi, penunjukan layanan masyarakat bagi pelaku, pengembangan kelompok empati dan panel korban, memfasilitasi dialog, dan memfasilitasi permintaan maaf pelaku kepada korban dan masyarakat, sekaligus meningkatkan kesadaran di kalangan korban. Kata kunci: Kekerasan seksual, Pelanggaran hak asasi manusia, Keadilan restoratif, Perlindungan anak, Analisis hukum

Background: PTSD symptoms are frequent in child victims of sexual abuse. Yet, authors have argued that early trauma could lead to alterations in development that go far beyond the primary symptoms of PTSD and have proposed Complex PTSD as an alternative diagnosis encompassing difficulties in affect regulation, relationships and self-concept. Objective: To delineate profiles in child victims of sexual abuse and explore whether profiles are associated with treatment response to Trauma-Focused Cognitive Behavioural Therapy. Method: Latent class analysis was used to identify symptom profiles at baseline assessment of 384 children ages 6 to 14, recruited in a Child Advocacy Centre following disclosure of sexual abuse. Dimensions of Complex PTSD diagnosis as proposed by the ICD-11 were derived from self-report questionnaires. Results: Latent class analysis identified a best fitting model of three classes: Classic PTSD regrouping 51% of children, Complex PTSD describing 23% of children, and Resilient describing 25% of children. Trauma-focused therapy was associated with a significant reduction of dissociation, internalizing, and externalizing problems for children of all three classes. Trauma-focused therapy was also linked to a significant reduction of PTSD symptoms with larger effect size (d = .90; 95%CI: 0.63–1.16) for children classified in the Complex PTSD class. Conclusion: These findings highlight the utility of a person-oriented approach to enhance our understanding of the diversity of profiles in child victims. The results offer empirical support for the ICD-11 PTSD and Complex PTSD distinction in a clinical sample of sexually abused children and the relevance of this distinction in foreseeing treatment outcomes.

When children are confronted with the judicial system, they are particularly vulnerable to stressful and complex situations. Complying with international standards promoting child-friendly justice is crucial for preventing negative impacts on their development. The Slovenian legal system has implemented several measures to safeguard the rights and well-being of child victims and witnesses in criminal proceedings, such as excluding minors from direct confrontation with the accused, utilising videoconferencing for testimony, and establishing child-friendly spaces. The model of "Barnahus" or "Children’s House" has been adopted as well, emphasising a multidisciplinary approach to addressing child victims of sexual abuse and other crimes. The Supreme Court has actively pursued child-friendly justice, producing informative booklets to guide child witnesses through legal processes. These and other initiatives underscore Slovenia's commitment to balancing the rights of the accused with the protection and support of child victims in the criminal justice system while leaving room for further development.

This study aims to examine the dynamics of communication in handling intrafamilial child sexual abuse, with a case study of RR, a child victim of sexual abuse by her stepfather and cousin, reported to the Technical Implementation Unit for the Protection of Women and Children (Unit Pelaksana Teknis Perlindungan Perempuan dan Anak/UPT PPA) of the Pekanbaru City Government. Data collection techniques include in-depth interviews, observations, and document studies. Using the constructivist paradigm and the social construction theory by Peter L. Berger and Thomas Luckmann, the collected data were analyzed qualitatively to explore how communication patterns and interactions among the involved parties, including the UPT PPA team, the victim, the victim's family, the Social Services, the Police, Legal Aid, orphanages, and other informal parties, build the social reality of child protection for the victim RR. Data sources were selected using purposive sampling based on criteria until saturation was reached. The findings indicate that despite communication barriers and non-cooperation from the family, effective communication and good coordination among all involved parties are crucial to ensuring the recovery and ongoing legal process for the child victim of sexual abuse. An empathetic, sensitive, and collaborative approach can help the victim feel supported and gradually recover from the traumatic experience. Collaboration between institutions plays an essential role in providing protection and social rehabilitation for RR. The dynamics of communication in handling intrafamilial child sexual abuse involve the dialectical processes of externalization, objectification, and internalization among the various parties involved. Received: 30 July 2024 / Accepted: 28 October 2024 / Published: 05 November 2024

Restitution can be interpreted as the right of victims of criminal acts provided by the perpetrators or third parties as a form of loss recovery and legal protection for victims, which can be in the form of compensation for material and/or immaterial losses suffered. The implementation of the right to restitution for victims of trafficking in persons can not only be carried out on the basis of statutory orders but also requires the role of both law enforcement officials and other non-governmental organizations. The provision of restitution rights as a form of legal protection can be seen in several court decisions, but in fact this is very rarely found in the jurisdiction of the Padang District Court Class I A. The formulation of the problem is: 1. How is the implementation of the provision of restitution to victims of human trafficking crimes, 2. what are the obstacles faced by law enforcement, 3. and how is the solution to the obstacles in implementing the provision of restitution to victims of human trafficking crimes in the jurisdiction of the Padang District Court Class 1 A? This research uses empirical juridical methods with the aim of studying and analyzing the procedures for the operation of law in community life. From the results of this research, the implementation of restitution rights in the jurisdiction of the Padang District Court is still not optimal. This is because there are several obstacles such as the long mechanism for submitting restitution requests, the absence of demands regarding restitution rights included in the verdict and also the lack of socialization of restitution rights. The obstacles faced require solutions such as simplifying the procedural system for applying for restitution rights, increasing attention to the interests of victims and increasing the socialization of the right to restitution itself, both from victims, the community and even law enforcement officials. Keywords : Human Trafficking, Restitution Rights, Victims

Cases of child sexual abuse have become a serious concern in various countries, including Indonesia. Children, as a vulnerable group, often become victims of sexual crimes, and the impact is not only on the physical aspect but also on their psychological well-being and overall development. Sexual abuse experienced by children can cause long-lasting trauma and affect their quality of life in the future. This research uses the normative legal research method, which relies on the study of library materials. Normative legal research is a type of research conducted through the examination of secondary data or library materials. Cases of child sexual abuse are one of the serious issues that need special attention within the legal system in Indonesia. Children, as a vulnerable group, often become victims of this crime, which not only leaves physical impacts but also deep and long-lasting psychological trauma. The urgency of this protection is not separate from the significant challenges faced in the Indonesian legal system, which still needs to be improved in providing guarantees of protection for child victims of sexual abuse.