Legal Protection for Children as Perpetrators of Sexual Violence
Children as perpetrators of sexual violence crimes presents a complex dilemma in the Indonesian criminal justice system. On the one hand, there is a need to provide justice for victims and enforce the law, but on the other hand, the state is obliged to provide special protection for children involved in the law based on the Child Criminal Justice System Law (UU SPPA). Children in conflict with the law, whether due to coercion, ignorance, or environmental factors, require a different approach from adult perpetrators. This research is normative legal research using a statutory and conceptual approach. Data collection was carried out through a literature study of primary legal materials such as laws and regulations, secondary legal materials in the form of books and scientific journals, and tertiary legal materials. The results of the study show that the legal system in Indonesia has adopted the principle of the best interest of the child through diversion and restorative justice mechanisms. Legal protection is provided at every stage of the trial, from investigation to post-decision guidance, with a focus on rehabilitation rather than retribution. Child perpetrators can be subject to action, not criminal sanctions in prison, which are adjusted to their age and level of guilt. However, its implementation still faces challenges such as social stigma, limited capacity of foster institutions, and harmonization between the rights of children as perpetrators and the rights of victims.
- Research Article
- 10.47814/ijssrr.v5i10.635
- Oct 7, 2022
- International Journal of Social Science Research and Review
This study aims to analyze the accommodation rights of victims of the crime of rape during the investigation process at the Ternate Police anda form of legal effort in the criminal justice system in Indonesia to provide protection against the crime of rape. The type of research used in this studyis an empirical research method as a starting material for researchers to approach the law, concept approach, and case approach. Therefore,in this research through literature study and field study by conducting interviews.The characteristics of this study are entirely using primary data, consisting of primary legal materials; secondary legal materials; as well as tertiary legal materials.
 The results showed thateffortLegal protection provided for victims of underage sexual intercourse and rape in the criminal justice system is carried out through a approachpreventive and repressive efforts carried out, both by the community and the government (through law enforcement officers), such as providing protection/supervision from various threats that can endanger the lives of victims, providing adequate medical and legal assistance, examination and judicial processes.
 That the accommodation of children's rights as victims of underage sexual intercourse and women as victims of rape during the investigation process at the Ternate Police is in accordance with the positive law applicable in the criminal justice system.
- Research Article
- 10.31289/mercatoria.v17i1.11122
- Jun 29, 2024
- JURNAL MERCATORIA
The Juvenile Criminal Justice System is established to uphold justice for children who engage in criminal proceedings, especially those who perpetrate criminal offense. The System sets up various measures in order to protect the rights of these children. This article aims at evaluating the operation of the Juvenile Criminal Justice System in Indonesia with special concern on the fulfilment of the rights of children who are in conflict with the law. The type of research is that of normative legal research which relies on secondary data in the form of primary and secondary legal material. This normative legal research employs statutory approach. It is found that the rights of children who are in conflict with the law is primary protected through the employment of diversion, the initial step for settling the criminal case outside the judicial system. The operation of the Juvenile Criminal Justice System comes across some obstacles in field, including with regard to the employment of diversion. Therefore, improvement in employing diversion seems to be necessary to achieve better quality of children rights protection.
- Research Article
- 10.26555/novelty.v14i1.a25817
- Apr 30, 2023
- Jurnal Hukum Novelty
Introduction to The Problem: The low quality of child protection based on the perspective of Positive Law in Indonesia has drawn much criticism from various elements of society who seem to prioritize the interests of victims compared to perpetrators of rape. Because without optimal protection, children will only become victims of a society that tends to be patriarchal. Therefore, the concept of restorative justice based on local wisdom is one of the solutions in legal protection for victims and children who commit sexual harassment towards minors who prioritize recovery. Purpose/Objective Study: This study aims to understand, explain, and analyze the existence of legal protection for victims and children who sexually abuse minors from the perspective of Balinese local wisdom. Design/Methodology/Approach: This article is the result of legal research, with statutory approaches, conceptual approaches, and case approaches. The types of legal materials used in this research are primary legal materials, secondary legal materials, and tertiary legal materials. Findings: Legal protection for children based on local wisdom is a form of settlement that can be used against children as victims and children as perpetrators referring to the provisions of Article 1 number 6 of Law No. 11 of 2012 concerning the Juvenile Criminal Justice System. The protection in question is the existence of traditional village institutions in Bali as an effort to protect children. Paper Type: Research Article
- Research Article
- 10.53935/jomw.v2024i4.879
- Jan 25, 2025
- Journal of Management World
This study aims to examine the concept of punishment for children as perpetrators of crimes in Indonesia. This study uses normative legal research with a statutory and conceptual approach. The legal materials are sourced from primary and secondary legal materials. The legal material collection technique is through literature studies and interviews. The legal materials are analyzed using qualitative methods. The results of this study indicate that The juvenile criminal justice system or Diversion has been implemented in various countries with different characteristics. International Law has recognized that children must be treated differently from adults. In Indonesia, the juvenile criminal justice system applies, which refers to Law Number 11 of 2012. However, the large number of cases of children sentenced to prison shows that Diversion has not been implemented optimally in Indonesia. The causes range from the inadequate capabilities of law enforcement officers, victims and/or victims' families who refuse to make peace, and diversion requirements that limit diversion efforts. Therefore, improvements are needed in the implementation of Diversion to ensure better protection for children as perpetrators of criminal acts in Indonesia.
- Research Article
- 10.55173/yurisdiksi.v19i3.213
- Dec 28, 2023
- YURISDIKSI : Jurnal Wacana Hukum dan Sains
Children as one of the human resources and the next generation of the nation, should receive attention in the context of developing children. In connection with child development, legal facilities and infrastructure are needed that anticipate all problems that arise. There are many legal reasons why children are involved in murder cases followed by acts of mutilation. The biggest possibility is that it is easy for irresponsible parties to influence children to commit the crime of assisting premeditated murder. The purpose of this research is to understand the concept of legal responsibility for children who commit criminal acts, to find out the legal protection for children as perpetrators of criminal acts from the perspective of child protection law and to find out the application of the law to accomplices in the criminal act of selling human organs. The research carried out is normative legal research with a normative juridical approach taken from secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of the research and discussion, it explains the concept of legal responsibility for children who commit criminal acts, namely that they can be subject to criminal sanctions. Legal protection for children as perpetrators of criminal acts from the perspective of child protection law is by imposing a penalty of ½ (one-half) of the maximum criminal threat carried out by an adult. Children who commit crimes who assist premeditated murder cannot be sentenced to death or life imprisonment.
- Research Article
- 10.29103/reusam.v12i1.21423
- May 30, 2024
- REUSAM: Jurnal Ilmu Hukum
The accountability of perpetrators of criminal acts in Indonesia has been regulated in formal procedural instruments that have been established by the state. So far, in the process of criminal accountability in the settlement of crimes of sexual violence, there have been pros and cons in society due to the inefficiency of sanctions and fines given to perpetrators of crimes and the failure to protect the rights of victims of crimes of crimes of crimes of sexual violence. Law Number 12 of 2022 concerning Crimes of Sexual Violence exists to answer public concerns and contains rules regarding sanctions and fines as well as fulfilling the protection and rights of victims of crimes of sexual violence. The type of research used in completing this research is normative legal research. The legal sources used are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The technique used in collecting data for this research is to collect secondary data consisting of primary legal materials and secondary legal materials that are related to the subject matter of the research. All research data that has been collected, analyzed using qualitative normative methods. Law Number 12 of 2022 concerning Crimes of Sexual Violenceconstitutes a complete, just, and formal foundation for perpetrators and victims of sexual violence.
- Research Article
- 10.35326/volkgeist.v7i1.2204
- Dec 31, 2022
- Jurnal Hukum Volkgeist
Protection of children against the law is essentially an effort to protect children's rights. This study aims to provide an overview of the meaning of repeated offenders against children and efforts to realize the protection and fulfillment of children's rights in violation of the law. This research is a normative legal research with a legal and analytical perspective. The results of this study indicate that the concept of children as recidivists in juvenile justice has so far failed to provide a sense of justice for children. The criminal justice system for children is underused to protect the rights and future of children as perpetrators and victims of crime. More and more children intersect with the law and even become repeat offenders. According to the Criminal Code and the Law on the Juvenile Criminal Justice System, legal protection for children is not clearly regulated in repeated cases. According to Article 7 of the Law on the Juvenile Criminal Justice System, children who (repeatedly) commit criminal acts cannot be disturbed. According to Article 488 of the Criminal Code, the perpetrators of the second (repeated) crime are threatened with one third of the sentence.
- Research Article
- 10.37676/jhs.v9i2.5017
- Oct 23, 2023
- JURNAL HUKUM SEHASEN
The existence of Women Workers or Domestic Workers is familiar in Indonesia both in urban and rural areas. The government's lack of attention to domestic workers, the majority of whom are women, has made many of them victims of violent crimes. This study aims to determine the legal protection of domestic workers who get sexual violence and find out the criminal sanctions obtained by perpetrators of sexual violence. This type of research is qualitative research using a normative approach, which includes a statutory approach (statute approach) and a conceptual approach (conceptual approach). The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary materials. The legal material that has been collected is then reviewed systematically and classified to produce a conclusion. The results showed that explicitly domestic workers who are victims of domestic violence receive protection from several laws and regulations but do not specifically regulate the form of protection, both related to employment relations, discrimination, violence, wages, and so on. Unlike Law No. 23 of 2004 on the Elimination of Domestic Violence and the Criminal Code, both preventive and repressive means protection for domestic workers as part of their family. Criminal sanctions in Law Number 23 of 2004 concerning the Elimination of Domestic Violence are formulated alternatively, namely imprisonment or fines. This means that perpetrators of domestic sexual violence can be subject to imprisonment or fines.
- Research Article
- 10.29313/.v0i0.6586
- Aug 1, 2017
The childhood is an important period in human life, because it requires a child in another person, both in ensuring the physical and spiritual salvation of a child. To achieve this requires the roles and responsibilities of both parents. But hope can not be realized, in case of divorce between father and mother of the child. The problem that arises is to whom the child is raised if between mother and father both have legal defect as holder of hadhanah. This is contained in the decision of Maumere Religious Court number 1 / Pdt.G / 2013 / PA.MUR, where in the verdict the mother has legal defect as holder of hadhanah because his apostasy and father also have legal defect because ever been sentenced to imprisonment problem neglect child . As for the verdict the judge decides to set the hadhanah to fall into an apostate mother. This research is a normative juridical legal research with applicable legislation approach. The research phase used literature research and interview with Majelis Ulama Indonesia. The sources and types of legal materials used are primary legal materials supported by secondary and tertiary legal materials. Primary legal material is obtained from legislation related to this research, whereas secondary legal materials are obtained from relevant books, journals, and other legal materials. In analyzing the data that have been obtained by way of classifying primary and secondary law materials and then analyzes by using qualitative normative method in the form of a description to be drawn conclusions in order to get clarity on the problems studied. Conclusions from the results of the study indicate that the factors of bad behavior and apostasy that are owned by the applicant and the requested party, basically make the two parties hindered to get rights hadhanah for their three children. This is stipulated in Article 156 (c) of the Compilation of Islamic Law. Whereas in the verdict the judges decide the right to be given to apostate mothers, on the grounds that child harm will be lighter if the child is in mother's care than with his father who has neglected his family. In the Compilation of Islamic Law and Law Number 35 Year 2014 on Child Protection there is no article that regulates how if child custody falls to apostate parents. However, the Qur'an strictly prohibits if a Muslim is taken care of by unbelievers because it is feared that the unbelievers will dominate the Muslims.
- Research Article
- 10.30598/bacarita.v6i1.18169
- Aug 31, 2025
- Bacarita Law Journal
This research aims to determine the legal provisions regarding judge's decisions that reveal the child's identity. Understand the legal implications of disclosing the identity of child perpetrators or victims of criminal acts in court decisions regarding children's rights. The approach method applied in this research is a normative method, which includes research into the literature studied. Using a statutory approach regarding the protection of children's identities in the criminal justice system, while an empirical approach is used to study the implementation of these regulations in judicial practice, especially in decision number 14/Pid.Sus- Anak/2021/PN Srg. The legal materials used consist of primary legal materials and secondary legal materials. The results of this research are that protecting children in conflict with the law is the state's obligation to protect every right they have. This obligation is aimed at the best interests of the child and prevents the child from being mistreated by any party. One of these rights is that it is not permissible to publish a child's identity in conflict with the law, whether in print/electronic media. A court decision that reveals a child's identity can be considered a criminal offense because it violates legal provisions regarding the confidentiality of a child's identity which must be protected. One of the main principles of child protection is the best interests of the child. In this case, the judge is also obliged to keep the identity of the child as the perpetrator of the crime secret during the trial process. In conflict with the law, children's identities must be kept confidential, both in print and electronic media. Children are the nation's generation and figures who greatly influence the continuity of the nation's life, where they have rights that must be protected, respected and fulfilled. The confidentiality of the identity of children in conflict with the law is one of the rights given to them to protect their reputation.
- Research Article
- 10.20961/yustisia.v7i3.25778
- Dec 31, 2018
- Yustisia Jurnal Hukum
<p>The purpose of this study is to examine further regarding the legal accountability of the public accountants on financial statements in the Indonesian legal system. This research is important to conduct due to the public accounting profession that has a significant role to express opinions about fairness in all material matters, financial position, results of operations, changes in equity, and cash flows in accordance with general accounting principles accepted in Indonesia. In other words, the responsibility of public accountants is to express opinions on financial statements. Public accountants are responsible for planning and carrying out audits in order to obtain adequate assurance about whether the financial statements are free from material misstatement, whether caused by errors or fraud. Financial statements are the responsibility of management, and the public accounting profession cannot just be punished. This research is a normative legal research. The data used is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data collection techniques use literature study, while data validation techniques use source criticism. The data is analyzed by using legal interpretation methods to obtain answers to the questions examined. The results show that a public accountant can have criminal and civil liability in carrying out the duties when publishing a company's financial statements.</p><p> </p><p> </p>
- Research Article
- 10.35912/kihan.v2i2.2384
- Dec 6, 2023
- Kajian Ilmiah Hukum dan Kenegaraan
Purpose: This research aims to develop legal knowledge in the field of civil law, especially regarding the validity of agreements. The research also aims to achieve a Bachelor's degree, Master of Laws. Method: The research used in this journal is normative legal research, normative legal research is based on secondary data. Normative legal research is called research that examines rules and norms, as expressed by Sudikno Mertokusomo. In this research, primary legal materials are used, namely the Law (Civil Code), as well as secondary legal materials, namely doctrine, articles, internet information, and finally tertiary legal materials such as dictionaries. These legal materials were collected by conducting document studies until they were collected in accordance with the research objectives. The legal materials obtained, both primary legal materials and secondary legal materials, are analyzed comprehensively based on legal interpretation. Comprehensive means that the analysis is carried out in depth covering various aspects according to the broad scope of the research. Then legal interpretation itself is an interpretation which is one method of legal discovery that provides an explanation of the text of the law so that the scope of the rule is applied to the event. Result: The validity of an agreement based on the Civil Code is that it fulfills the terms of the agreement in article 1320 of the Civil Code. Limitation: This research only discusses agreements, especially regarding the validity of an agreement according to the Civil Code. Contribution: This research can be used as appropriate, to become a reference in further research.
- Research Article
- 10.47268/matakao.v1i1.9049
- May 28, 2023
- MATAKAO Corruption Law Review
Introduction: Courts in absentia in corruption have been pros and cons to date, there is an assumption that court in absentia is a violation of human rights because it is related to the human rights of the accused as a human being who has the right to defend himself in court, on the other hand The trial in absentia can be carried out as long as the whereabouts of the defendant are not known at all so that he cannot be presented at the trial trial due to running away (fugitive).
 Purposes of the Research: This writing aims to analyze and explain the existence of justice in absentia in the implementation of the criminal justice system in Indonesia in accordance with the principle of due process of law, to analyze and discuss the nature of the principle of due process of law in ensuring legal certainty and justice in the examination of criminal cases. 
 Methods of the Research: Normative research method with the type of research is qualitative analysis. The problem approach used is the statute approach, the conceptual approach and the case approach. The sources of legal materials used are Primary legal materials, Secondary legal materials, and Tertiary legal materials and are used as a technique for collecting legal materials, then processing and analyzing legal materials through methods of interpretation, harmonization, systematic and legal discovery.
 Results of the Research: The results of the study indicate that the judiciary in absentia can be implemented and does not violate human rights as long as it is implemented through the correct procedure and based on the provisions of the law. The trial in absentia aims to break the deadlock in the examination of defendants who are not present at the trial and efforts to save state finances, both those that have been corrupted and those that are still suspected of being related to corruption cases, both those that have been confiscated and those that have not been confiscated to be confiscated for the State through a court decision.
- Research Article
- 10.33087/legalitas.v16i2.786
- Dec 31, 2024
- Legalitas: Jurnal Hukum
The number of snack products circulating in the market will make children (toddlers) as consumers in terms of making a decision to buy a product is very much different from adults, and children as consumers who will become victims of business actors who are not in good faith, by selling expired snacks in order to reap profits. This can have a negative impact on the health of children (toddlers) and can even be life threatening. Therefore, the problem that will be examined in this research is how is the legal protection of children under five in consuming expired snacks? and how is the form of responsibility of business actors who deliberately sell expired snacks? The purpose of this research is to find out the legal protection of children under five in consuming expired snacks, and to find out the form of responsibility of business actors who deliberately sell expired snacks. This research method uses normative legal research methods or doctrinal research. Examining the basis of rules and regulations regarding consumer protection efforts against minors (toddlers) in consuming expired snacks both horizontally and vertically sourced from Primary Legal Materials, Secondary Legal Materials, and Tertiary Legal Materials. Conclusion: legal protection of consumers (children under five) can be done preventively and refresively, and the responsibility of business actors in criminal, civil and administrative matters as contained in the GCPL Law.
- Research Article
- 10.20961/jd.v1i1.50213
- Apr 30, 2020
- Jurnal Discretie
<em>This study aims This study aims to determine and analyze the role of the Maritime Security Agency in maintaining maritime security of the Republic of Indonesia based on Law Number 32 of 2014 concerning Maritime Affairs. This legal research is included in normative legal research, which is perspective by using sources of legal materials, both primary and secondary legal materials. The legal material collection technique used is by means of library research in the form of books, regulations, and other research documents as well as for supporting legal materials conducted interviews with the Sea Security Agency. The technical analysis of legal materials used by the writer is deduction technique based on deductive reasoning methods. Based on the results of research and discussion, it can be concluded that Bakamla as a marine security institution replaces the function of the sea security coordination agency which is still considered ineffective. Bakamla has duties in security and safety patrols in the territorial waters and jurisdictions with the authority of one of them in the form of instant pursuit, stopping, capturing and inspecting ships to be handed over to the relevant ministries and agencies. To carry out these duties and authorities, a legal action unit was formed which is representative of ministries and institutions that have authority in the field of law enforcement at sea. But there are still some obstacles in the exercise of authority both in terms of facilities and infrastructure and there are overlaps with several other institutions that are also authorized to enforce law at sea.</em>
- Ask R Discovery
- Chat PDF
AI summaries and top papers from 250M+ research sources.