Abstract
The criminal act against children is a gross violation of human rights. The criminal act committed by the offenderis intolerable because it can affect their survival as well as growth and development. Therefore, the victim deserves legal protection. Restitution is one of forms of protection and fulfillment of the rights of the child to compensate any damages. So far, child victim of criminal act suffers not only material loss (countable) but also immaterial loss (uncountable) such as shame, loss of self-esteem, depression and/or traumatic anxiety.It is the fact that so far the rights of child victims to restitution are very often violated. Therefore, the child victim and his or her family feel that they do not given justice. It is hoped Government Regulation Number 43 Year 2017 will be able to give legal certainty to the victim to ensure that he or she can enjoy his or her rights to restitution for any loss he or she suffers as stipulated in Law Number 35 Year 2014 on the Revision of Law Number 23 Year 2002 on Child Protection. This research uses theory of justice as grand theory, law enforcement as middle range theory and theory of victimology as applied theory.
Highlights
Law Number 35 Year 2014 on the Revision of Law Number 23 Year 2002 on Child Protection gives special protection to child victim of criminal act
The special protection is given to children in conflict with the law, especially child victim of economic and/or sexual exploitation, pornography, kidnapping, sale, and/or trafficking, physical and/or psychological abuse, and sexual crimes, for harm or loss he or she suffers in the form of a compensation from the offender or his or her family, especially if the offender is a child as a result of the committed criminal act. [1]
Article 71 D of Law Number 35 Year 2014 on the Revision of Law Number 23 Year 2002 on Child Protection stipulates that (1) Every child victim as referred to in Article 59 paragraph (2) point b, point d, point f, point h, point i, and point j is entitled to file to court his or her right to claim for restitution imposed onthe offender; (2)
Summary
Law Number 35 Year 2014 on the Revision of Law Number 23 Year 2002 on Child Protection gives special protection to child victim of criminal act. The special protection is given to children in conflict with the law, especially child victim of economic and/or sexual exploitation, pornography, kidnapping, sale, and/or trafficking, physical and/or psychological abuse, and sexual crimes, for harm or loss he or she suffers in the form of a compensation from the offender or his or her family, especially if the offender is a child as a result of the committed criminal act. From victimology point of view, restitution aims to minimize victim’s sufferings by claiming the offender be held responsible for physical or morallosses or death suffered by the victim. This principle affirms that victim recovery must covered various aspects raised by the criminal act. The compensation will include the return ofproperty or payment of any damage or loss suffered by the victim, payment of costs arising as a result of death, provision of services and rights to recovery. [4]
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