Juridical Review of The Implementation of Criminal Penalties for Acts of Child Sexual Violence (Case Study Decision Number 989/Pid.sus/2021/PN Bdg Junctis 86/Pid.sus/2022/PT Bdg, 5642K/Pid.sus/2022)
Keywords:
Juridical Review, Sexual Violence, DecisionsAbstract
Indonesia is a legal country that protects all the rights of its people, including children's human rights. Protection of children is of concern to the government because of the increasing number of cases of violence against children, especially cases of sexual violence against children. In this case the author examines the implementation of regulations related to child protection, especially in handling cases of sexual violence against children in judges' decisions, using normative juridical methods the author examines judges' considerations in decisions of the Bandung District Court, Bandung High Court and Supreme Court. In the author's view, there is a disparity in the decisions of the District Court and the High Court and the Supreme Court. Judges must consider the substance of the legal objectives, namely justice, expediency and legal certainty. When making decisions, we don't just look at one statutory provision but also look at other legal provisions that are still relevant, and also look from the perspective of the victim, perpetrator and the wider community.
References
Abdulkadir Muhammad, 2004, Hukum dan Penelitian Hukum, Bandung, Citra Aditya Bakti.
Suharsimi Arikunto, 2012, Prosedur Penelitiaan Suatu Pendekatan Praktek, Jakarta: Rineka Cipta.
Journal
Virna Dewi, 2022, Implementation of Criminal Law Against Sexual Abuse of Minors in the Era of the Millennial Generation in the Central Bangka Regency Area Based on Law Number 35 of 2014 concerning Child Protection, STIH Pangkal Pinang, Law Journal.
Anang Diliyanto Haris Putra, 2021, Application of Criminal Sanctions for Sexual Crimes Against Children in the Mataram District Court, University of Mataram.
Irawati, A. C. (2023). The Formal Criminal Law Renewal: Due Process of Law in Pre-trial for Legal Assurance. https://doi.org/10.2991/978-2-38476-024-4_32
Irawati, A. C., Susilo, A. B., & Yuliawan, I. (2021). Policy of Criminal Left in Overcoming the Impact of Criminal Actions of Pedophilia in Indonesia. 584(Icorsh 2020), 831–837.
Irawati, A. C., & Wijaya, H. (2023). Advancing Justice: Embracing a Progressive Legal Framework for Case Resolution in Central Java Police Criminal Investigation (A Case Study at Polda Ditreskrimsus). International Journal of Multicultural and Multireligious Understanding, 10(12), 315. https://doi.org/10.18415/ijmmu.v10i12.5333
Ranty Angriyani Harahap 2022, Juridical Review of Sexual Violence Against Children in Relation to Law Number 35 of 2014 concerning Child Protection, Batam International University, Petitum Journal.
Legislation
The 1945 Constitution of the Republic of Indonesia
Law of the Republic of Indonesia Number 4 of 1979 concerning Child Welfare. State Gazette of the Republic of Indonesia Number 3134, Jakarta.
The 1945 Constitution of the Republic of Indonesia.
Law Number 1 of 1946 concerning the Criminal Code (KUHP).
Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP).
Law Number 23 of 2002 concerning Child Protection.
Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection.
Government Regulation in Lieu of Law Number 1 of 2016 concerning Amendments to Law Number 23 of 2002 concerning child protection.
Law Number 17 of 2016 concerning the Establishment of Government Regulations in Lieu of Law Number 1 of 2016 concerning the second amendment to Law Number 23 of 2002 concerning child protection as law.
Law Number. 11 of 2012 concerning the Juvenile Criminal Justice System.
Supreme Court Circular Number 1 of 2000 concerning Punishment to be Proportional to the Severity and Nature of the Crime dated 30 June 2000.
Supreme Court Regulation Number 1 of 2022 concerning Procedures for Requesting and Providing Restitution and Compensation to Victims of Crime.
Government Regulation Number 43 of 2017 concerning Implementation of Restitution for Children who are Victims of Crime.
Web
https://www. Suara.com/news/2022/04/04/190607/perjalanan-case-herry-wirawan-pemerkosa-13-santriwati-besar-didunia-mati
http://repository.ubharajaya.ac.id/8657/2/Elvis%20Zulkarnain_2005115226_BAB%20I.pdf
Interview
Interview with Mr. Mas Hadi Polo, Judge of Ungaran District Court
