The Criminal Action of Rape Against Child According to Indonesian Law Number 35 of 2014

Abstract

Currently the Indonesian people are actively working on fixing very important issues regarding Human Rights (HAM) in all aspects of life, especially child protection in Indonesia. The criminal act of rape against a child is one of the most important legal issues to be studied. Protection can be given in the form of granting the right to protect children in various ways, one of which is by formulating and implementing Law Number 35 of 2014 as a substitute for Law Number 23 of 2002 concerning Child Protection. Some of these problems are as follows: 1) What is the legal arrangement for the crime of rape against children? 2) How is the application of the law against the perpetrators of child rape? 3) What are the efforts to deal with the criminal act of rape against children? In writing this thesis, the author uses a normative juridical approach, meaning that the existing problems are studied based on the applicable laws and regulations and literature related to these problems and to find answers to these problems. Conclusion: 1) The legal arrangements for the crime of rape against minors have been accommodated in Law Number 35 of 2014 concerning Child Protection, which was previously regulated in Law Number 23 of 2002. 2) The perpetrators of the crime of rape against children are subject to imprisonment and fines, 3) Efforts that can be made to provide legal protection for victims of rape: rehabilitation efforts, efforts to protect identity from reporting through the mass media and avoiding labeling, providing guarantees for the safety of witnesses and expert witnesses, both physically and mentally, as well as social. Suggestions: 1) We recommend that efforts to protect children be prioritized and continue to be pursued in order to avoid the crime of rape. 2) The government must provide facilities and infrastructure for the recovery of child victims of rape, so that victims can continue their lives in the future. Society must participate in supporting child victims of rape violence to get legal protection, so that the Indonesian nation becomes a country that succeeds in creating a prosperous society based on humanity.