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THE IDEAL CONCEPT OF LAW ENFORCEMENT AGAINST PERPETRATORS OF SEXUAL ABUSE OF MINORS

ROFIQ RIPTO HIMAWAN 1, YUSRIYADI 2, and NUR ROCHAETI 3.

Vol 18, No 10 ( 2023 )   |  DOI: 10.5281/zenodo.10070860   |   Author Affiliation: Doctoral Law Program, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang 1; Lecturer in Doctor Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang 2,3.   |   Licensing: CC 4.0   |   Pg no: 1578-1590   |   Published on: 27-10-2023

Abstract

Rofiq Ripto Himawan, 2023, Doctor of Law Study Program, Diponegoro University. "The Ideal Concept of Law Enforcement against Perpetrators of Sexual Harassment against Minors". This study aims to examine; how is the regulation of criminal acts of sexual harassment against minors based on statutory regulations? The research method used is an empirical juridical approach legislation-invitation, concept approach, as well as case studies. The results of the study show that the regulation of criminal acts of sexual abuse of minors arranged Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection Specifically protectionto children as victims of sexual crimes have a legal umbrella that can protect them, namely in Article 69A "Special Protection for Child victims of sexual crimes as referred to in Article 59 paragraph (2) letter j is carried out through the following efforts: a. education about reproductive health, religious values, and moral values; b. social rehabilitation; c. psychosocial assistance during treatment until recovery; and D. providing protection and assistance at every level of examination starting from investigation, prosecution, up to examination in court hearings. Legal problems in law enforcement against perpetrators of sexual abuse of minors, as follows; (1) Legal Substance; The Child Protection Law is still limited to the realm of prosecution of perpetrators of sexual violence against children, not on preventive or preventative measures. (2) Legal Construction; The legal construction in handling sexual crimes against children in the Indonesian criminal law system still tends to highlight crimes from the perpetrator's point of view. Of course, this is unbalanced if the point of view of the child as a victim is ignored. (3) the legal structure lacks coordination of law enforcement in child protection; (4) Culture (Culture): Law Culture law that developed inpublic is the handling and protection of the law after the occurrence of sexual harassment and it is also focused on retaliation against the perpetrator, paying little attention to the victim's side. (5) Legal Knowledge; Community legal knowledge about sexual crimes against children is minimal, where sexual crimes against children are generally interpreted as acts of rape. 3. The concept of future law in law enforcement against perpetrators of abuse sexual intercourse with minors, as follows; (1) Legal Substance; The Child Protection Law should also contain preventive or preventative measures. (2) Legal Construction; The legal construction in handling sexual crimes against children should examine the perspective of the child as a victim. (3) legal structure; the need for improvement in terms of law enforcement coordination in child protection; (4) Culture (Culture): Building a legal culture of the community in good preventive legal protection nor repressive (5) Legal Knowledge; Build community legal knowledge related to child protection in various fields, not only in sexual violence.


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