Rights to restitution for child victim of criminal act under government regulation number 43 year 2017

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.

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IMPLEMENTASI RESTITUSI ANAK SEBAGAI BENTUK PERLINDUNGAN HUKUM BAGI ANAK KORBAN TINDAK PIDANA DI PROVINSI RIAU

Jurnal Panji Keadilan : Jurnal Ilmiah Nasional Mahasiswa Hukum ◽

10.36085/jpk.v3i1.1179 ◽

2020 ◽

Vol 3 (1) ◽

pp. 25-42

Author(s):

Dewi Lisnawati

Keyword(s):

Law Enforcement ◽

Sexual Assault ◽

Sexual Violence ◽

Child Protection ◽

Government Regulation ◽

Legal Protection ◽

Child Victims ◽

Legal Research ◽

Law Enforcement Officials ◽

Victims Of Crime

ABSTRAKSetiap anak yang menjadi korban tindak pidana berhak mendapatkan restitusi seperti yang tertuang di dalam peraturan pelaksana dari Pasal 71 D Undang-Undang Perlindungan Anak No. 35 Tahun 2014 yakni Peraturan Pemerintah Nomor 43 Tahun 2017 tentang Pelaksanaan Restitusi Bagi Anak Yang Menjadi Korban Tindak Pidana. Pelaksanaan restitusi kepada korban hanya ditujukan kepada beberapa tindak pidana tertentu saja termasuk tindak pidana kekerasan seksual. Diterbitkannya Peraturan Pemerintah tersebut bertujuan untuk memberikan perlindungan hukum terhadap korban khususnya anak-anak atas penerapan hak restitusi. Penelitian ini termasuk tipologi penelitian hukum empiris. Hasil penelitian menunjukkan bahwa pelaksanaan restitusi bagi anak yang menjadi korban tindak pidana kekerasan seksual di Provinsi Riau berdasarkan Peraturan Pemerintah Nomor 43 tahun 2017 belum berjalan dengan baik. Hal ini disebabkan oleh beberapa kendala yakni kurangnya kesadaran dari aparat penegak hukum untuk mendorong terlaksananya restitusi bagi anak yang menjadi korban tindak pidana, administirasi pengajuan permohonan restitusi yang rumit, dan kendala restitusi yang tidak dibayarkan dan ketentuan dalam Peraturan Pemerintah Nomor 43 Tahun 2017 yang kurang jelas. Fokus penelitian ini adalah penerapan restitusi pada anak korban tindak pidana berdasarkan Peraturan Pemerintah Nomor 43 Tahun 2017.Kata kunci: restitusi; anak korban tindak pidana; kekerasan seksualABSTRAKEvery child who is a victim of a crime is entitled to get restitution as stipulated in the implementing regulations of Article 71 D of the Child Protection Act No. 35 of 2014 namely Government Regulation Number 43 of 2017 concerning Implementation of Restitution for Children Who Become Victims of Criminal Acts. The implementation of restitution to victims is only aimed at a number of specific criminal acts including sexual violence. The issuance of this Government Regulation aims to provide legal protection for victims, especially children, on the application of restitution rights so that they can run well. This research is a typology of empirical legal research. The results showed that the implementation of restitution for children who were victims of sexual violence in Riau Province based on Government Regulation No. 43 of 2017 has not gone well. This is caused by several constraints namely lack of awareness from law enforcement officials to encourage the implementation of restitution for children who are victims of criminal acts, administration of submission of complex restitution applications, and restitution constraints that are not paid and the unclear provisions in Government Regulation Number 43 of 2017. The focus of this research is on the provisions stipulated in Government Regulation Number 43 of 2017 concerning the implementation of restitution for children who are victims of criminal acts.Keywords: restitution; child victims of crime; sexual assault

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PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA KESUSILAAN DALAM HUKUM PIDANA POSITIF SAAT INI

Jurnal Pembaharuan Hukum ◽

10.26532/jph.v3i2.1407 ◽

2016 ◽

Vol 3 (2) ◽

pp. 172

Author(s):

Sri Endah Wahyuningsih

Keyword(s):

Criminal Law ◽

Child Protection ◽

Government Regulation ◽

Legal Protection ◽

Criminal Code ◽

Child Victims ◽

Sexual Offenses ◽

Victims Of Crime ◽

Victim Protection ◽

The Law

Problems of sexual offenses against children arising from the enforcement of the criminal law has not been oriented to the protection of victims, especially justice, but rather on the application of penalties on the offender. As a result, not make people afraid of committing a crime of morality, even more perpetrators of rape and sexual abuse against children. the problem in this research is how the provisions of the legal protection of children as victims of sexual offenses under criminal law are positive today.Legal protection of child victims of crime in the criminal law of chastity positive current on Article 287, 290, 292, 293, 294 and 295 of the Criminal Code and Article 81 and 82 of the Act.No. 23/2002, as amended. Act. No. 35 of 2014 as amended by Government Regulation No.1 / 2016 on the amendment of the Law No. 23/2002 on Child Protection, and when the victims are included in the scope of the household, then apply the provisions of Articles 46 and 47 of the Law. No. 23/2004 on the Elimination of Domestic Violence, and Law No. 31/2014 on Witnessand Victim Protection. weakness that emerged in the Act. No. 31/2014 is the absence of a provision governing the sanctions when players do not give restitution to the victims.

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Legal Protection of the Rights of the Child Victims in Indonesian Juvenile Criminal Justice System

Jurnal Yustika: Media Hukum dan Keadilan ◽

10.24123/yustika.v23i01.2818 ◽

2020 ◽

Vol 23 (01) ◽

pp. 24-35

Author(s):

Oksidelfa Yanto ◽

Yoyon M. Darusman ◽

Susanto Susanto ◽

Aria Dimas Harapan

Keyword(s):

Criminal Justice ◽

School Violence ◽

Criminal Justice System ◽

Child Protection ◽

Justice System ◽

Physical Violence ◽

Legal Protection ◽

Child Victims ◽

Rights Of The Child ◽

Victims Of Violence

This research purposes to observe the development of crimes against children in Indonesia. Firstly, will take a closer look toward the importance of child protection in family, school and the environment from violence and crime. Secondly, will evaluate how far the criminal justice system can give protection toward the children as victims of violence and crime. Thirdly, looking at the state responsibility in giving sanctions through the criminal justice system. The method used in this research is juridical-normative by collecting secondary data related to legislation and materials obtained from books, journals, and other relevant materials. The observation result shown that many children are victims of violence. The victimization is basically everywhere, not only at home, but also at school. Violence in schools is not merely physical violence, but also psychological. The responsibility for protecting, educating, and developing children lies in the environment, family, and school. The function of criminal law to fight crimes against children's rights is a major factor in the success of the juvenile criminal justice system.

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Rehabilitation and reintegration policies of children victims of criminal action in the Children's Criminal Jurisdiction System

Research Society and Development ◽

10.33448/rsd-v10i1.11706 ◽

2021 ◽

Vol 10 (1) ◽

pp. e32810111706

Author(s):

Ani Purwati ◽

Fifin Dwi Purwaningtyas ◽

Jumali Sapta Agung

Keyword(s):

Juvenile Justice ◽

Restorative Justice ◽

Juvenile Justice System ◽

Methodological Approach ◽

Legal Protection ◽

Child Victims ◽

Conceptual Approach ◽

Child Victim ◽

Rehabilitation Programs ◽

Rights Of The Child

This research examines the harmonization of statutory regulations and the application of law on child victim protection as an achievement of optimal independence for child victims during formal restorative justice and post-recovery. The research objectives and specific targets were (1) formulating the concept of rehabilitation and reintegration of child victims in the juvenile justice system; (2) establishment of SOP (Standard Operational Implementation) for law enforcement officers on the handling of child victims; (3) integrated networking institutions / legal aid institutions and psychological assistance for child victims; and (4) the formulation of juvenile justice teaching, restorative justice, legal and psychological approaches. The method used in this research is through a mix methodological approach between law and psychology with a conceptual approach and a statue approach to analyze the weaknesses of current legislation, such as centralized legal protection for child victims of the fulfillment of restorative judicial evidence (informal), but not yet. Integrated psychosocial and vocational rehabilitation programs for every victims. Apart from that, the child criminal law policy in Indonesia which implements restorative justice is still in the perspective of children in conflict with the law. The concept method of victim rehabilitation is implemented by rehabilitation programs in accordance with the principles of the Convention on the Rights of the Child (KHA).

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Ghana's Children's Act 560: A Rethink of its Implementation?

The International Journal of Children s Rights ◽

10.1163/157181810x505512 ◽

2011 ◽

Vol 19 (2) ◽

pp. 151-165 ◽

Cited By ~ 6

Author(s):

Patrick McCrystal ◽

Esmeranda Manful

Keyword(s):

Child Care ◽

Child Protection ◽

Professional Training ◽

Social Care ◽

Legal Protection ◽

Initial Step ◽

Legal Rights ◽

Rights Of The Child ◽

Administrative Framework ◽

The Law

AbstractIn 1998 Ghana harmonised its child care legislation to conform to the Convention on the Rights of the Child by enacting the Children's Act 1998, Act 560. Some stakeholders expressed misgivings at its capacity to ensure child protection, but little literature exists on the views of professionals working within the law. This paper presents an investigation of the views of professionals who are mandated to work within the law to ensure the rights of the child to legal protection in Ghana. The findings suggest that there is a gap between legal intent and practice. It is concluded from these findings that for better child protection, the provision of legal rights for children is only an initial step; the administrative framework including better professional training, adequate resources for social care agencies and the establishment of new structures also needs to be reconsidered.

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URGENSI PEMBAHARUAN HUKUM PIDANA DALAM KASUS KEJAHATAN KESUSILAAN: KAJIAN TENTANG SANKSI PIDANA BAGI PELAKU KEJAHATAN KESUSILAAN PADA ANAK

Hukum dan Masyarakat Madani ◽

10.26623/humani.v6i3.799 ◽

2018 ◽

Vol 6 (3) ◽

pp. 53

Author(s):

Subaidah Ratna Juita

Keyword(s):

Criminal Law ◽

Legal System ◽

Child Protection ◽

Government Regulation ◽

Deterrent Effect ◽

Child Victims ◽

Sexual Crimes ◽

Criminal Sanctions ◽

Second Amendment ◽

Penal Law

Penjatuhan sanksi pidana terhadap pelaku kejahatan kesusilaan pada anak di Indonesia belum seimbang dengan dampak yang ditimbulkannya. Adapun anak sebagai korban dari kejahatan kesusilaan tentu mengalami trauma yang berkepanjangan hingga dewasa bahkan seumur hidupnya. Salah satu upaya yang dapat ditempuh dalam menghadapi problematika penegakan hukum adalah dengan cara pembenahan sistem hukum. Oleh karna itu perlu adanya pembaharuan sanksi pidana bagi pelaku kejahatan kesusilaan sebagai bagian dari sistem hukum. Pembaharuan ini perlu dilakukan karena sanksi pidana yang ada saat ini tidak memberikan efek jera bagi pelaku. Upaya pembaruan hukum pidana yang berkaitan dengan sanksi pidana dalam kasus kejahatan kesusilaan pada anak dapat ditelusuri berdasarkan perumusan sanksi pidana berdasarkan KUHP, UU Nomor 23 Tahun 2002 tentang Perlindungan Anak, UU Nomor 35 Tahun 2014 tentang perubahan pertama atas UU Nomor 23 Tahun 2002 tentang Perlindungan Anak, dan Peraturan Pemerintah Pengganti Undang-Undang (Perppu) No. 1 Tahun 2016 tentang Perubahan Kedua atas Undang-Undang Nomor 23 Tahun 2002 tentang Perlindungan Anak. Dengan demikian tulisan ini secara fokus mengkaji urgensi pembaharuan hukum pidana, khususnya hukum pidana materiil tentang sanksi pidana bagi pelaku kejahatan seksual dalam rangka untuk memberikan perlindungan pada anak korban kejahatan seksual.The imposition of criminal sanctions against the perpetrators of morality in children in Indonesia has not been balanced by its impact. As for the child as a victim of crime decency certainly traumatized prolonged until adulthood even a lifetime. One effort that can be taken in dealing with the problem of law enforcement is to reform the legal system. By because it is necessary to reform criminal sanctions for the perpetrators of decency as part of the legal system. These reforms need to be done because there is a criminal sanction which does not currently provide a deterrent effect on perpetrators. Efforts to reform the criminal law relating to criminal sanctions in cases of crimes of morality in children can be traced by the formulation of criminal sanctions under the penal law, Law No. 23 of 2002 on Child Protection, Law No. 35 of 2014 on the First Amendment of Law No. 23 of 2002 on Child Protection, and Government Regulation in Lieu of Law (Perppu) Number 1 Year 2016 Concerning Second Amendment Act No. 23 of 2002 about Child Protection. So this paper examines the urgency updates operating focus criminal law, especially criminal law substantive about criminal sanctions for dader of sexual crimes in order to provide protection for child victims of sexual crimes.

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Legal Protection for Cyber Crime Victims on Victimological Perspective

SHS Web of Conferences ◽

10.1051/shsconf/20185408004 ◽

2018 ◽

Vol 54 ◽

pp. 08004

Author(s):

Angkasa

Keyword(s):

Qualitative Research ◽

Justice System ◽

Legal Protection ◽

Crime Victims ◽

Research Approach ◽

Child Victims ◽

Cyber Crime ◽

Child Victim ◽

Victims Of Crime ◽

Source Of Error

All this time, a second victimization in a criminal justice system is considered to be an identical problem for the victims of crime. Thus, it is fair if the whole assessment is more oriented to the legal protection for the victims, especially the child victims in the crime of fornication and coition. However, when viewed from different sides, the source of error is not always absolute to the perpetrator but also because of the victim precipitation. This study examines the victim precipitation and its prevention with the aim to understand the degree of victim precipitation and the proportional prevention, that is not only from the aspect of the perpetrators but also from the aspect of the child victim and the community who have the potential to become victims. This research was conducted in the jurisdiction of Purwokerto City and Banyumas Regency, using sociological juridical research and qualitative research approach. The results show that there are several forms of victim precipitation in the crime of sexual fornication and coition to the child. Meanwhile, the prevention must be conducted comprehensively, either from the internal of the victim, or externally from various related parties.

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THE DEVELOPMENT OF CHILD SEX EXPLOITATION COMMERCIAL (CSEC) “RESPONSE MODEL IN MEDAN CITY”

Journal of Community Research and Service ◽

10.24114/jcrs.v1i2.9342 ◽

2018 ◽

Vol 1 (2) ◽

pp. 83

Author(s):

Ahmad Fauzi ◽

T.Riza Zarzani

Keyword(s):

Child Protection ◽

Physical Violence ◽

Sexual Exploitation ◽

Secondary Data ◽

Forced Labor ◽

Primary Data ◽

Child Victims ◽

Rights Of The Child ◽

Non Governmental Organizations ◽

Modern Slavery

Abstract The Child of Sex Exploitation Commercial (CSEC) is a fundamental violation of the rights of children. The violation is sexual violence by an adult with a gift to a child, or a third person, or other persons. Simply put, children are treated as sexual and commercial objects. This is a manifestation of forced labor and modern slavery, because not a few children are forced and subjected to physical violence and trauma. The purpose of this study is to examine the legal arrangements for the sexual exploitation of children in Indonesia, to examine and analyze prevention and mitigation of CSEC in Medan City, and to examine barriers to prevention and overcoming of CSEC and how to overcome it. This study uses sociological juridical approach that comes from primary data and secondary data. Data were collected through document studies and interviews conducted to Medan City Center for Childhood Study and Protection (PKPA) staff. The results of the study indicate that the legal arrangement of CSEC in Indonesia is conducted by stipulating several regulations, firstly, Child Protection Act No. 23 of 2002 and the Law on Eradication of Human Trafficking Crime Number 21 of 2007, besides Indonesia has ratified the UN Convention on Human Rights Rights of the Child (CRC) through Presidential Decree No. 36 of 1990. Efforts made to prevent and control the CSEC in Medan City, namely: to socialize in cooperation with various agencies to conduct prevention and prevention of criminal act in the city of Medan CSEC; building networks with various non-governmental organizations and with various institutions to give birth to Regional Regulation (Perda) Number 6 of 2004 on the Elimination of Trafficking in North Sumatra, making efforts of legal advocacy and advocacy from the Prosecutor to the Court; provide assistance to rehabilitate the physical and psychological child victims of CSEC (counseling and medical) and provide safe homes for children. Obstacles in preventing and preventing CSEC in Medan are: legislation that has not been specifically set CSEC, social, economic and psychological factors such as the attitude of community permissive or ignorance of CSEC issues, closed or complicated bureaucracy.Keywords: Efforts, Countermeasures, CSEC

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THE REALIZATION OF LEGISTATIVE MEASURE OF THE RIGHTS OF THE CHILD POST-SECOND AMANDEMENT OF THE CONSTITUTION

Yustisia Jurnal Hukum ◽

10.20961/yustisia.v0i0.18276 ◽

2018 ◽

Vol 7 (1) ◽

pp. 41

Author(s):

M Nur Rasyid

Keyword(s):

Human Rights ◽

Criminal Justice ◽

Child Protection ◽

Justice System ◽

Government Regulation ◽

Second Amendment ◽

Rights Of The Child ◽

Library Research ◽

The Government ◽

Legislative Measures

The government has obligation to protect the rights of the child. In the second amendment of Indonesian Constitution of 1945 in 2000 it was added one chapter, namely Chapter XA on human rights. The rights of the child is incorporated in the Article 28B that stipulated every child entitles to life, growth, develop and to get protection from violence and discrimination.The problem is how the legislative measure of the rights of the child as the implementation of Article 28B. The data were obtained through library research consist of acts related to protection and judiciary of the rights of the child and the related conventions.The result of the research shows that the government has undertaken legislative measures by making act on child protection, Act Number 23 of 2002 on child protection that has been revised as Act Number 35 of 2014, and the second revision by Act Number 17 of 2016 following the Government Regulation substituted Act Number 1 of 2016. Act Number 3 of 1997 has been revised on Child Judiciary become Act Number 11 of 2012 on Child Criminal Justice System. It needs synchronization of various related regulations and capacity building for the institutions of child protection.

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INSTITUTIONAL SUPPORT OF CHILD PROTECTION POLICY

Politology bulletin ◽

10.17721/2415-881x.2018.82.62-70 ◽

2019 ◽

pp. 62-70

Author(s):

Anna Stychynska

Keyword(s):

Civil Society ◽

Child Protection ◽

Child Neglect ◽

Legal Protection ◽

Fundamental Rights ◽

Sex Industry ◽

International Protection ◽

Protection Policy ◽

Rights Of The Child ◽

Child Protection Policy

Ukraine’s independence in 1991 made the democratic transformations began, aimed to form the civil society, the development of a rule of law, within, according to the Constitution, a person, his life and health, honor, dignity, integrity and other rights and freedoms are recognized as the highest social value. This, in turn, defines the content and focus of the activities of the state and all its bodies in securing these conquests of world civilization as one of the main responsibilities. It is not enough to declare them at the constitutional and legislative levels for the realization of fundamental rights and freedoms of the individual and the citizen. They must be fully secured through legal and social measures and their existence. Among the various measures for the realization of human and citizen’s rights and freedoms, the Institute of International Protection of the Rights of the Child occupies a special place, as a set of international legal norms governing the international policy and cooperation of the states for the protection and protection of the rights of the child. As part of the international protection of human rights and freedoms, the child protection policy is of paramount importance. It is the area that should take priority in the international political arena. The protection of the rights of the child is also important as a guarantee of the existence, implementation, and protection of the Constitution of Ukraine. The primary purpose of protection is the legally foreseen ability of the child to use compulsory actions to enforce his or her legal obligation to enforce the obliged person’s behavior in order to protect his or her right. The urgency of gender is essential to accelerate the creation of an effective legal mechanism for the protection of the rights of the child. In addition, the existence of a real «legal protection» of the child as a whole, as well as of the state’s responsibility to the child, is the factor that asserts in the human consciousness the idea of justice, the expediency of the existing state power, thereby ensuring its legitimacy. Formation of civil society and the integration of this country into the European community are impossible without a well-grounded state policy for the protection of the rights of the child. Therefore, the development of international cooperation in this field is especially relevant to Ukraine, since overcoming child neglect and homelessness, adopting children, preventing their involvement in the sex industry can only be ensured in close cooperation with other countries and using their experience.

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