scholarly journals Legal Protection for Children as Victims of Violence

2021 ◽  
Vol 2 (4) ◽  
pp. 515-526
Author(s):  
Evan Ferdiyan Rachmanto
Keyword(s):  
Adult Children ◽  
Child Protection ◽  
Legal Protection ◽  
Human Right ◽  
Violence Against Children ◽  
Positive Law ◽  
The Law ◽  
Victims Of Violence

A child contains human right, including those employing adult, children do not have much to think about and take concrete steps. In Indonesian, laws relating to Positive Law, is The Law No. 23 of 2002 on Child Protection have been amended by Law No. 35 of  2014 on Child Protection, which is very significant in reducing the level of violence against children. Legal protection for Children begins early in the womb birth. In its development there are children are in the environment is full of violence. Various social deviations that occur in the community more and most of the children. So that the perpetrators of violence do not feel deterred and no longer do the crime.

scholarly journals Perlindungan Hukum Terhadap Anak Korban Kekerasan: Studi Kasus Putusan Pengadilan Negeri Gunungsitoli

2019 ◽  
Vol 1 (2) ◽  
pp. 117-125
Author(s):  
Hipotesa Hia ◽  
Mahmud Mulyadi ◽  
Taufik Siregar
Keyword(s):  
Child Protection ◽  
Legal Protection ◽  
District Court ◽  
Violence Against Children ◽  
Governmental Organizations ◽  
Positive Law ◽  
Non Governmental Organizations ◽  
Legal Obligations ◽  
The Government ◽  
Victims Of Violence

The purpose and benefits of this research are to find out violence against children in Gunungsitoli court, to find out legal efforts in protecting children against child abuse, to find out the inhibiting factors in protecting children in Gunungsitoli District Court. The benefit is to provide input to the Gunungsitoli district court regarding legal protection for victims of violence. This research is analytical descriptive, which means describing the facts studied and the relationship with the legislation, theories, and opinions of legal experts. Conclusions and advice on legal protection according to positive law Indonesia never guarantees the fulfillment of children's rights, especially the rights of children who receive an education. Hereby the state's legal obligations in child protection will depend on the positive laws that exist in the country, so that child protection can be adequate in the application of children, and efforts to protect children need support from the government and the community in terms of effective and comprehensive child comfort. In this case, given the increase in violence against children every year, it is necessary to have the legal protection that must be taken seriously by the government, the community and other non-governmental organizations.

scholarly journals PERLINDUNGAN HUKUM TERHADAP HAK ASASI ANAK YANG MENJADI KORBAN KEKERASAN

2018 ◽  
Vol 18 (1) ◽  
pp. 151-162
Author(s):  
Zuraidah Azkia ◽  
Muhamad Sadi Is
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Legal Protection ◽  
Law Reform ◽  
Legal Aid ◽  
Child Rights ◽  
Violence Against Children ◽  
The Future ◽  
The Government ◽  
Victims Of Violence

Child rights are an integral part of human rights so that the government must develop the obligation to protect, fulfill and respect the rights of children especially the rights of children who are victims of violence, because violence against children especially in Indonesia is increasing recently. Therefore, the form of legal protection against the rights of children who are victims of violence can be given in a repressive form that is done in a systematic way, through a series of programs, stimulation, training, education, prayer guidance, games and can also be provided through legal aid called advocacy and child protection laws. While the concept of legal protection of child rights in the future must do law reform of child protection system in Indonesia with the aim to give justice, certainty and benefit to children in Indonesia in particular so as to protect and guarantee the rights of children who become victims violence. In order for child protection law in Indonesia in the future to be able to really give protection to child rights which become victims of violence, then child protection law must be free from humanity principle based on human rights.  

scholarly journals Analisis Perlindungan Hukum Terhadap Tindak Kekerasan pada Anak di Indonesia

2019 ◽  
Vol 3 (1) ◽  
pp. 41
Author(s):  
Alycia Sandra Dina Andhini ◽  
Ridwan Arifin
Keyword(s):  
Legal Protection ◽  
Violence Against Children ◽  
The Law ◽  
The Government ◽  
Victims Of Violence

Violence against children in Indonesia from time to time continues to occur and increasingly various forms. In fact, children are the successors and assets owned by the nation that will maintain and realize the ideals of the nation. Pindakan is a behavior that violates the law and will be given sanctions to the perpetrators who do this. At present many crimes are often carried out such as violence. Violence is an arbitrary act carried out by someone with the aim of hurting physically and psychologically. Parents have an important role to maintain and protect but actually acts of violence against children are carried out by their closest people like parents. Then the need for a way so that acts of violence against children are not continuously carried out and must be given firm action by the government to the perpetrators who did this. This paper examines how legal protection efforts for children as victims of violence that occurred in Indonesia.

scholarly journals The Role of Tertiary Institutions in Increasing Understanding of The Protection of Child Abuse Laws in Communities in Sukabumi

2021 ◽  
Vol 5 (10) ◽  
pp. 35-41
Author(s):  
R.Eriska Ginalita Dwi Putri ◽  
Haidan Angga Kusumah ◽  
Asti Sri Mulyanti
Keyword(s):  
Child Abuse ◽  
Child Protection ◽  
Negative Impact ◽  
Legal Protection ◽  
Tertiary Institutions ◽  
Community Environment ◽  
Violence Against Children ◽  
Sense Of Security ◽  
The Family ◽  
Victims Of Violence

Violence against children can always occur in situations and conditions at any time and thing this can be caused by conflicts that occur both within the family and community environment. In the family sphere, conflicts usually occur within the household committed by husbands and wives whose effects can lead to an outlet of violence against children that have a negative impact on physical, psychological, mental, which contrary to Law No. 35 of 2014 concerning Child Protection. 1 Likewise, in the community environment, problems often arise violence against children as a result of wrong relationships and the environment of that society itself which is not good, which is done by irresponsible people, namely sexual violence against children. So it needs protection by the state and society, which aims to provide a sense of security to children as victims as well as crack down on the culprit. Higher education as an institution that can spread values the value of kindness and understanding of the enforcement of cases of child abuse and also from the college will produce human resources who have competence to handle cases of child abuse, as well as being able to provide input and improvement of laws and regulations and policies relating to legal protection for children who are victims of violence.

scholarly journals Perlindungan Hukum terhadap Anak Penyandang Disabilitas sebagai Korban Kekerasan Seksual

2021 ◽  
Vol 2 (2) ◽  
pp. 359-364
Author(s):  
Nadila Purnama Sari ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Sexual Violence ◽  
Child Protection ◽  
Children With Disabilities ◽  
Legal Protection ◽  
Criminal Code ◽  
Criminal Cases ◽  
Persons With Disabilities ◽  
Violence Against Children ◽  
Criminal Sanctions ◽  
Positive Law

Children with disabilities are often the main targets to be victims of criminals, discrimination and sexual violence. The following can be seen from the increase in criminal cases against women and children with disabilities which from year to year tends to increase. The purpose of this study is to determine the legal protection of children with disabilities as victims of sexual violence and criminal sanctions against perpetrators of sexual violence against children with disabilities. The method used is a normative method along with statutory and conceptual approaches. The results of the study show that legal protection for children as victims of sexual violence is contained in article 1 paragraph (2) of Law no. 35 of 2014 concerning child protection, namely so that the child gets protection and his rights as a child. Criminal sanctions for perpetrators of sexual violence against persons with disabilities exist in positive law in Indonesia. The criminal act of rape is contained in Articles 285 to 288 of the Criminal Code. Violence against children with disabilities there is no law that specifically regulates it but in VU No. 35 of 2014 concerning Child Protection in Article 290 paragraph (1) is threatened with approximately 7 years of imprisonment.

Influential Factors in The Law Enforcement Process of Sexual Violence Cases in Children in The City of Semarang

SOEPRA ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 4
Author(s):  
Liya Suwarni
Keyword(s):  
Law Enforcement ◽  
Sexual Violence ◽  
Medical Record ◽  
Child Protection ◽  
Influential Factors ◽  
Medical Record Data ◽  
Violence Against Children ◽  
Record Data ◽  
The Law ◽  
The City

Background. Cases of sexual violence increase every year, victims ranging from adolescents, children to toddlers. Based on data from the Indonesian Child Protection Commission, abuse and violence against children in Indonesia in 2013 were 23 cases, in 2014 there were 53 cases, in 2015 there were 133 cases, 2017 reached 1,337 cases, and as of July 2018 there were 424 cases. Purpose. Knowing the factors that influence the law enforcement process of sexy violence cases in Semarang City. Method This study uses descriptive analytical methods for cases of violence against children, based on medical record data in hospitals, documents in Mapolrestabes, the District Attorney's Office and the Semarang City Court for the period of January 2015 to December 2018. Results. Based on research results obtained 213 experimental cases section from medical record data in hospitals in the city of Semarang. Most cases of child abuse occurred in 2018 with 72 cases. Most victims are 12-14 years old age group, female. Most types of cases are cases of intercourse. The majority of violations are persons known as victims, perpetrators not working, and most of the places of occurrence are in the defendant's house. At the time of prosecution and trial, the number of cases was significantly reduced to only 8 cases. Factors related to this include lack of evidence, difficulty in obtaining information from victims, convoluted statements of coverage, lack of election, and obtaining diversion rates. Conclusion Cases of sexual violence have increased from year to year. The process of law enforcement on this problem still has many difficulties in each manufacturing process which is still difficult to overcome.

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

2011 ◽  
Vol 19 (2) ◽  
pp. 151-165 ◽  
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.

MENGENALKAN RAGAM BENTUK KEKERASAN, SANKSI PIDANA DAN PENCEGAHANNYA MELALUI KEGIATAN PENGABDIAN KEPADA MASYARAKAT

2021 ◽  
pp. 787
Author(s):  
Imelda Martinelli
Keyword(s):  
Child Protection ◽  
Human Life ◽  
Violence Against Children ◽  
Criminal Sanctions ◽  
Helping Others ◽  
Question And Answer ◽  
Service Activity ◽  
Victims Of Violence ◽  
Legal Subjects ◽  
Forms Of Violence

Children are one of the legal subjects who have the potential to become victims of violence. Violence faced by children can be in the form of physical, psychological, sexual and neglect. Against these various types of violence, the Domestic Violence Law and the Child Protection Law can serve as the basis for criminalizing the perpetrators. In the Child Protection Law, even criminal sanctions against perpetrators of sexual violence against children are weighted for punishment. Furthermore, the law is equipped with additional penalties in the form of announcing the identity of the perpetrator, and action sanctions in the form of chemical castration and installation of electronic detection devices. However, efforts to overcome violence against children are not enough to rely on criminal sanctions. This is evidenced by the rise in the number of violence against children. Therefore, prevention efforts are needed through increasing understanding of the importance of making helping others a basic need of human life. So that each individual will always help and provide assistance to children who need help. The method of implementing this community service activity is carried out using the lecture, discussion and question and answer method at Loyola High School Semarang. The activity begins with material exposure regarding forms of violence, sanctions and prevention. After the presentation, there was a discussion session and a question and answer session regarding the material that had been presented. The results of the service implementation activities were obtained by understanding various information about child violence and its prevention.Anak menjadi selah satu subjek hukum yang berpotensi menjadi korban kekerasan. Kekerasan yang dihadapi oleh anak dapat berupa kekerasan fisik, psikis, seksual dan penelantaran. Terhadap berbagai kekerasan tersebut, UU KDRT dan UU Perlindungan Anak dapat menjadi dasar pemidanaan terhadap pelaku. Dalam UU PerlindunganAnak bahkan sanksi pidana terhadap pelaku kekerasan seksual terhadap anak terdapat pemberatan pemidanaan. Lebih lanjut dalam undang-undang tersebut dilengkapi pidana tambahan berupa pengumuman identitas pelaku, dan sanksi tindakan berupa kebiri kimia dan pemasangan alat pendeketksi elektronik. Namun upaya penanggulangan kekerasan terhadap anak tidak cukup hanya mengandalkan sanksi pidana. Hal ini terbukti dengan maraknya angkakekerasan terhadap anak. Oleh sebab itu, diperlukan upaya pencegahan melalui peningkatan pemahaman tentang pentingnya menjadikan menolong orang lain sebagai kebutuhan dasar hidup manusia. Sehingga setiap individu akan senantiasa menolong dan memberikan bantuan kepada anak yang membutuhkan bantuan. Metode pelaksanaan kegiatan pengabdian kepada masyarakat ini dilakukan dengan menggunakan metode ceramah, diskusi dan tanyajawab di SMA Kolese Loyola Semarang. Kegiatan diawali dengan paparan materi berkenaan dengan bentuk kekerasan, sanksi dan pencegahannya. Setelah paparan dilakukan sesi diskusi dan tanya jawab berkenaan dengan materi yang telah disampaikan. Hasil kegiatan pelaksanaan pengabdian diperolehnya pemahaman mengenai berbagai informasi seputar kekerasan anak dan pencegahannya.

scholarly journals PIDANA PENGAWASAN TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM DALAM SISTEM PEMIDANAAN DI INDONESIA

2013 ◽  
Vol 2 (3) ◽  
Author(s):  
I Putu Suwarsa
Keyword(s):  
Criminal Law ◽  
Analytical Approach ◽  
Criminal Policy ◽  
Legal Protection ◽  
Comparative Approach ◽  
Legal Concept ◽  
Normative Approach ◽  
Positive Law ◽  
The Law

ABSTRACTThis research was conducted with the normative approach legislation. Factualapproach, analytical approach to the legal concept of a comparative approach in thecriminal judicial oversight of Children in Conflict with the Law in the criminal sistem inIndonesia.In formulating criminal law criminal policy oversight of Children in Conflict withthe Law in the guidance sistem of positive law in Indonesia, consists of 3 major topics:First, the substance of Children in Conflict with the Law into law in Indonesia, Second,Determination of sanctions / penalties against Children in Conflict with the Law inIndonesia's criminal law policy, Third, criminal oversight of Children in Conflict with theLaw and its relevance to the theory of punishment in modern criminal law in Indonesia.Criminal oversight of Children in Conflict with the Law as the integrative goals ofpunishment in accordance with the ideas and correctional sistem discussed 3 subjectsnamely: First, criminal oversight of anal naughty review of aspects of the integrativetheory of punishment, Second, Criminal oversight of Children in Conflict with the Lawreview of aspects of correctional sistem, Third, Criminal oversight of Children in Conflictwith the Law in terms of aspects of legal protection and benefit of the criminal lawrequirement for social welfare (children). And its application by all law enforcementcomponents and related institutions involved in handling cases of children in conflict withthe law in coaching children in prison.

scholarly journals TINJAUAN YURIDIS SANKSI ADAT KAILI RAI TERHADAP PELAKU PELECEHAN SEKSUAL

2020 ◽  
Vol 1 (1) ◽  
pp. 37-51
Author(s):  
Moh. Ansar ◽  
Suhri Hanafi ◽  
Sitti Nurkhaerah ◽  
Wahyuni Wahyuni ◽  
Taufan B.
Keyword(s):  
Child Protection ◽  
Research Method ◽  
Islamic Law ◽  
Research Data ◽  
Research Approach ◽  
Sexual Crimes ◽  
Violence Against Children ◽  
Analysis Techniques ◽  
Positive Law ◽  
Second Amendment

The problem of how castration sanctions for perpetrators of crimes of sexual violence against children in the perspective of positive law in Indonesia and how Islamic criminal law views castration as a sanction are the focus of the problem in this study. The research method consists of the type of research, data and data sources, data collection techniques and data analysis techniques using a qualitative research approach. Then, as a result of the research, there are differences in Islamic law among scholars regarding the punishment of castration Law Number 17 of 2016 Regarding the stipulation of PERPU Number 1 of 2016 Second Amendment to Law Number 23 Year 2002 Concerning Child Protection Becomes Law against perpetrators of sexual crimes against children, and Islamic law has stipulated penalties for perpetrators of sexual crimes in detail of the facts of their actions, so they cannot (haram) carry out the type of castration punishment in accordance with the argument, namely the hadith of the Prophet Muhammad saw., which prohibits his companions from being castrated.

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