Incest Rape Research Articles

Legalitas Tindakan Aborsi (Abortus) Akibat Perkosaan Incest Ditinjau dari Hukum Pidana Adat di Wilayah Masyarakat Adat Kabupaten Timor Tengah Selatan

The Timorese tribe has a pamali or prohibition not to be related or marry the same clan in one tribe or blood relations for people who are related by blood will be subject to customary sanctions by the traditional chief. The case of incest rape occurred in Nuapin Village, Fatumnasi District, South Central Timor Regency, this rape resulted in the victim experiencing an unwanted pregnancy by the victim and her family because the victim was pregnant with a child from her blood family which is prohibited in Timorese customary law, so she chose to have an abortion. Law No. 36 of 2009 concerning health and its Implementing Regulations excludes the act of abortion due to rape even though it is prohibited in the Criminal Code. In this case, the act of abortion is carried out as a result of incest rape and will be reviewed based on customary criminal law. The type of research used in this study is empirical research with a sociological juridical approach, namely field research whose object is about events and phenomena that occur in society. Data collection was carried out with two events, namely interviews with 4 people and literature studies. The data obtained were then presented in a qualitative descriptive manner. The results of this study show that: (1) The existence of criminal law prohibits the legalization of abortion due to incest rape, abortion is only allowed in emergency medical conditions in accordance with Law Number 36 of 2009 and Government Regulation Number 61 of 2014. (2). The legality of customary criminal law for abortion due to incest is carried out in Nuapin Village because it is considered to violate customary and pamali law.

Perlindungan Hukum Anak Korban Perkosaan Inses dalam Sistem Peradilan Pidana

This article discusses the legal issue of protecting the rights of children who are victims of incest rape after abortion in the law enforcement process. The crimes that occur should be resolved by the criminal justice system. In fact, child victims of incest rape have not received protection at every stage of the examination, from the investigation, prosecution to court decision. The importance of protecting child victims can be seen as a form of protection by the state in the form of administering justice. Apart from the completeness of statutory regulations regarding the protection of child victims, (the Witness and Victim Protection Agency), law enforcement officials, related government agencies and other relevant parties, the function of the judiciary plays an important role. This article aims first, to analyze the regulations regarding forms of protection for victims of incest rape in the criminal justice system. Second, it aims to analyze the enforcement of legal protection for child victims of incest rape in the judicial system. The method used in this article is a normative juridical research type using a statutory approach, conceptual approach and case approach. Analysis of legal materials, namely legal materials and literature that have been collected through systematic methods and then analyzed by inventorying, systematizing and interpreting all legal regulations and concepts according to the problems discussed. Substantially, from a regulatory perspective, a lot has been regulated regarding legal protection for child victims of incest, but in law enforcement it has not been able to provide protection, because the regulations for victim protection are still partially regulated. Studies of court decisions have not been able to accommodate the values of legal efficacy and the value of legal justice in providing legal protection to child victims of incest rape, especially in the criminal justice system. This study is important to carry out so that in the future there will be legal harmonization regarding legal protection for child victims of incest in the future.

ANALISIS PERLINDUNGAN HUKUM TERHADAP PEREMPUAN KORBAN PERKOSAAN INSES YANG MELAKUKAN ABORSI PADA TINGKAT PEMERIKSAAN PENGADILAN (STUDI KASUS PUTUSAN NOMOR 5/PID.SUS.ANAK/2018/PN.MBN.)

Law Number 36 Year 2009 regarding Health still gives room for abortion for a certain reason, namely by reason of medical indications, but medical indications in the law only state the limits, where incest rapes can be used as medical indications for having an abortion so that the crime is abolished. The problem faced is whether there is a violation of procedural law at the examination at the Muara Bulian District Court, related to decision of number .5/Pid.Sus.Anak/2018/PN.Mbn and how the legal protection of women victims of incest rape who have an abortion at the court examination level (Study of Case of Decision Number 5/Pid.Sus.Anak/2018/PN.Mbn). Method of research used in writing this thesis is normative legal research. The results showed that violations of the WA during the examination period at Muara Bulian District Court, Jambi were the detention of children who were raped, where the Defendant was still a child category and during the trial process was detained, the child victims of rape clearly needed protection from the trauma of rape experienced. the need for psychosocial assistance from the time of treatment to recovery; and the provision of protection and assistance at every level of the examination starting from the investigation, prosecution, until the examination in the court hearing.

Legal Protection of Incest Victims Who Have an Abortion

Introduction to The Problem: Rape crime is a kind of violence against women in male sexual interests which show the position of vulnerable women. This gender-based violence is often caused by inequalities power in society or family. The annual report 2017 by the National Commission on Violence Against Women from sexual violence in private/personal sector, incest were the most reported cases as much as 1.210 cases. The incest case eventually spread to other criminal cases, for example, forced abortion by his family or the surrounding environment. The most detrimental impact of rape is pregnancy. Many rape victims can not bear the shame and disgrace; therefore, they prefer to stop their pregnancy or abortion even though abortion is illegal in Indonesia. That’s why legal protection of rape victim is needed, especially when the victim has an abortion. Purpose/Objective Study: This research aims to re-reflect the legality of abortion laws which regulated in Indonesian law. Furthermore, this research also reviewing legal protection for incest rape victims who are forced to have an abortion. Design/Methodology/Approach: This research is using a qualitative method with a normative judicial approach. The approach is carried out by examining library materials or secondary data as a basis for review, such as regulations and literature relating to the problem. The data is parsed in a descriptive narrative structured and coherent explanation. Findings: The rules regarding abortion in Indonesia are various, starting from those that are fully prohibited, to regulations which stated the exceptions. The rules are stated in the Criminal Code which fully prohibits abortion. While another rules legalizes the abortion for certain exceptions. Through these laws and regulations, Indonesia became a country which on the one hand absolutely prohibited abortion and on the other hand allowed abortion only for three cases, there are protecting the lives of mother, protecting fetus, and victim of rape. Abortion due to incest rape needs to be given forgiveness for the condition of the victim in charging the penalty. The psychological impact is more severe when keeping the baby because if the victim sees and raises the baby in a state of being unprepared and depressed it has bad consequences for the baby and the mother. When the victim sees the baby it will cause trauma, remembering the incident, thus will not treat the baby well and the baby’s growth and development will not good either. Paper Type: Research Article

STATE PROTECTION UPON ADOLESCENT VICTIM OF INCEST RAPE THROUGH GENDER LENS

The state obligations to fulfill and protect the rights of adolescent victim of incest rape post-abortion and other rights have not been exercised during the legal process of investigation until court verdict as it is indicated that the adolescent victim is unfairly detained without due process for illegally practicing abortion. This occasion indicates that the law is being unfair towards the adolescent victim without considering the precondition which inevitably forces the abortion. This article scrutinizes such case of Muara Bulian county in which the local court’s verdict No. 5/Pid.Sus.Anak/2018/PN.Mbn did not accommodate the substantive justice which take stand of the rights of adolescent victim of incest rape. The verdict indicates that such court verdict does not express gender sensitivity to the right of adolescent female victim of incest rape to which the state is obliged to fulfil and protect.

STATE PROTECTION UPON ADOLESCENT VICTIM OF INCEST RAPE THROUGH GENDER LENS

The state obligations to fulfill and protect the rights of adolescent victim of incest rape post-abortion and other rights have not been exercised during the legal process of investigation until court verdict as it is indicated that the adolescent victim is unfairly detained without due process for illegally practicing abortion. This occasion indicates that the law is being unfair towards the adolescent victim without considering the precondition which inevitably forces the abortion. This article scrutinizes such case of Muara Bulian county in which the local court’s verdict No. 5/Pid.Sus.Anak/2018/PN.Mbn did not accommodate the substantive justice which take stand of the rights of adolescent victim of incest rape. The verdict indicates that such court verdict does not express gender sensitivity to the right of adolescent female victim of incest rape to which the state is obliged to fulfil and protect.

Castration of Sex Offenders in India: Utilitarian Outlook

Incredible India! Where safety of children and women are compromised on a regular basis because of few sexually frustrated males who are not even capable of distinguishing a dead, buried in grave or a 2 year old toddler. With so many amendments and laws in Indian Criminal Justice System, these incidents dash all hopes. According to National Crime Records Bureau 2014 reports, out of 37681 Rape victims (includes, incest rape victims), 7673 victims aged below 16 whereas between 16-18 years old victims are 6862 in numbers. Between 2012 and 2014, the number of crimes against children had increased from 38,172 to 89,423.Jeremy Bentham propounded concept of "utilitarianism", which includes two factors simultaneously, one is deterrence and other is reformation. To increase maximum good, little pain can be inflicted as crime and welfare cannot go hand in hand in any society. The utilitarian theory is "consequentiality" in nature. Hence consequence should never exceed the total evil. There is a strong need to shift from regular punishment to advance version as enforced by various countries like Russia, Poland, Israel, and United States of America. New measures such as Publicly Accessible Registries or Databases of swag, sperms and DNA of Sex-Offenders should be adopted.