scholarly journals Kerentanan Anak Indonesia terhadap Kekerasan Seksual Online Era Covid-19: Sebuah Perspektif Hukum

2021 ◽  
Vol 2 (2) ◽  
pp. 103-116
Author(s):  
Nadira Tatyana
Keyword(s):  
Law Enforcement ◽  
Sexual Violence ◽  
Digital Technology ◽  
Child Protection ◽  
Qualitative Method ◽  
Secondary Data ◽  
The Internet ◽  
High Exposure ◽  
Optional Protocol ◽  
Rights Of The Child

Sejak terjadinya pandemi COVID-19, kekerasan seksual online anak di Indonesia meningkat seiring dengan meningkatnya paparan terhadap internet dan teknologi digital, sehingga berakibat buruk bagi berkembangan anak. Penelitian ini bertujuan untuk mengetahui pengaruh COVID-19 terhadap kekerasan seksual anak serta pengaturan dan perlindungan hukum atas kekerasan seksual online anak. Penelitian ini termasuk penelitian yuridis normatif dan menggunakan data sekunder. Analisis data menggunakan metode kualitatif dengan menganalisis dokumen dari data sekunder, sehingga bersifat deskriptif-analitis yang menggambarkan suatu gejala sosial. Penelitian ini menghasilkan dua kesimpulan. Pertama, COVID-19 berpengaruh terhadap kenaikan tingkat kekerasan seksual online terhadap anak dikarenakan tingginya paparan internet dan teknologi digital terhadap anak. Kedua, pemerintah telah meratifikasi Convention on the Rights of the Child dan optional protocol terkait serta Undang-Undang Perlindungan Anak. Hal yang perlu dikritisi antara lain peningkatan pengawasan orang tua atas aktivitas berinternet anak dan penegakkan hukum dalam Undang-Undang Perlindungan Anak. === Ever since COVID-19 hit, the rate of online sexual violence against child in Indonesia has risen tremendously along with the increasing exposure to the internet and digital technology, hence would adversely affect child development. This research aims to find the impacts of COVID-19 towards online sexual violence against child as well as regulations and legal protections of online sexual violence against child. This research is normative juridical research. This research uses secondary data. The data analysis used in this research is qualitative method by analyzing collected secondary data, therefore this research is descriptive-analytical which explains a social phenomenon. There are two conclusions in this research. First, COVID-19 impacts the rising rate of online sexual violence against child due to the high exposure of internet and digital technology usage. Second, government has ratified Convention on the Rights of the Child and its related optional protocol and Child Protection Law. There are criticized matters regarding this research, inter alia strengthening parents’ surveillance on child’s internet activities and the law enforcement on Child Protection Law.

scholarly journals Prohibition of Child pornography: Enhancing Child Protection in Indonesia

Yuridika ◽  
2020 ◽  
Vol 35 (3) ◽  
pp. 677
Author(s):  
Zendy Wulan Ayu Widhi Prameswari
Keyword(s):  
Child Protection ◽  
Child Pornography ◽  
The Internet ◽  
Electronic Information ◽  
Child Prostitution ◽  
Optional Protocol ◽  
Rights Of The Child ◽  
The World ◽  
Female Children ◽  
Protection Commission

As many other countries in the world, Indonesia has serious problems with child pornography. The problems linked with the child pornography exist in Indonesia, involving both male and female children. In 2008, Law Number 44/2008 on Pornography was enacted. With regard to the widespread distribution and accessibility of child pornography through the Internet, Indonesia also has Law Number 11/2008 and its revision on Electronic Information and Transaction. At the international level, Indonesia has ratified the Convention on the Rights of the Child (CRC). Furthermore, in 2012, Indonesia ratified the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (OPSC). However, based on data from the Indonesian Child Protection Commission (Komisi Perlindungan Anak Indonesia/KPAI) from 2011 to 2016 there were 1709 cases of child pornography and cybercrime. The cases of child pornography are still increasing and seems impossible to stop. This paper will scrutinize how the existing Indonesian law concerning prohibition of child pornography protects the children. It will also examine whether the law are in compliance with the OPSC. This paper is a doctrinal research using statute, conceptual and comparative approaches. The existing Indonesian law will be compared with the OPSC. The study will show some of the compatibility issues of Indonesian respective national law with the OPSC. On the basis of the findings, the last part of the study will provide recommendations on how Indonesia shall enhance the fight against child pornography.

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.

scholarly journals Application of Criminal Penalties in Child Protection Law in the State Court Of Ngawi

2020 ◽  
Vol 2 (4) ◽  
pp. 571
Author(s):  
Sulistyo Utomo ◽  
Ira Alia Maerani
Keyword(s):  
Law Enforcement ◽  
Child Protection ◽  
Secondary Data ◽  
Primary Data ◽  
State Court ◽  
Criminal Cases ◽  
Analysis Techniques ◽  
Survey Results ◽  
Criminal Penalties ◽  
Data Collection Technique

This research aims to identify and analyze the existence of the application of criminal penalties in the handling of criminal cases Child Protection in Indonesia and analyze the effectiveness of criminal fines when viewed from the perspective of children as victims of crime.Method used is socio-juridical using primary and secondary data. Primary data collection technique is done with the interview, and secondary data by reading, reviewing and analyzing primary legal materials, secondary legal materials, tertiary legal materials with qualitative analysis techniques, interpreted logically and systematically and drawn conclusions.Based on the survey results revealed that the existence of the application of criminal penalties in the handling of criminal cases Child Protection in Indonesia criminal fines in criminal prospects are just as an alternative or substitute for imprisonment or confinement. And effectiveness this penalty has not run optimally because the defendant would prefer to replace the criminal penalties to imprisonment.The conclusion of this thesis is that the implementation or execution of criminal penalties in Indonesia have not been effective or not maximized because law enforcement or judges tend to prefer the imprisonment of the criminal finesKeywords: Criminal Fines; Criminal Prison; Children.

scholarly journals Transnational by Default: Online Child Sexual Abuse Respects No Borders

2021 ◽  
Vol 29 (3) ◽  
pp. 731-764
Author(s):  
Sabine K. Witting
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Child Pornography ◽  
Best Interests ◽  
The Internet ◽  
Child Prostitution ◽  
Optional Protocol ◽  
Rights Of The Child ◽  
Extraterritorial Jurisdiction ◽  
High Level

Abstract Combatting child sexual abuse on the internet requires a high level of harmonisation of both substantive and procedural laws, as online child sexual abuse is transnational by default: while the transnational nature of child sexual abuse material used to be the exception before the advent of the internet, it is now the rule. In order to prosecute and investigate online child sexual abuse across country borders, states rely heavily on extraterritorial jurisdiction clauses as well as informal and formal law enforcement collaboration channels. This paper analyses existing channels in the opsc, Budapest Convention and Lanzarote Convention, particularly against the background of the recently published crc Committee Guidelines regarding the implementation of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (crc/c/156), and provides for concrete guidance on how to ensure that the best interests of the child in the prosecution and investigation of transnational crimes such as online child sexual abuse is the primary consideration.

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

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

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

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

scholarly journals Pembatasan Sosial Berskala Besar (PSBB) Dan Pidana Denda Dalam Rangka Pencegahan dan Pemberantasan Pandemi Coronavirus Disease (Covid)-19

2020 ◽  
Vol 7 (8) ◽  
pp. 687-694
Author(s):  
Kartono Kartono
Keyword(s):  
Law Enforcement ◽  
Social Control ◽  
Research Method ◽  
Large Scale ◽  
Public Awareness ◽  
Secondary Data ◽  
The Internet ◽  
Criminal Sanctions ◽  
Alternative Sanction ◽  
The Government

AbstractThe trend of the spread of Coronavirus (Covid)-19 which continues to soar has an impact on society for health, peace and safety of the soul.  Public awareness and compliance with laws and regulations and the government's call for a Large-Scale Social Restrictions (PSBB) policy are important not to be violated or ignored.  The application of criminal sanctions for fines is an alternative sanction in law enforcement so that people are deterred, educated and as a means of government social control. The research method is normative juridical supported by empirical research using secondary data in the form of books, legislation and the internet. Type of qualitative research. The results of the study concluded that the government must be firm in applying criminal sanctions and criminal fines as an alternative to making people deterrent, educated and as a means of social control Keywords: PSBB, Criminal Fines, Prevention.

scholarly journals LEGAL PROTECTION ON CHILDREN AS A VICTIMS OF SEXUAL VIOLENCE BASED ON PROGRESSIVE LAW

2017 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Etik Purwaningsih
Keyword(s):  
Law Enforcement ◽  
Sexual Violence ◽  
Legal Protection ◽  
Secondary Data ◽  
Law Enforcement Officers ◽  
International School ◽  
Primary Data ◽  
Child Victims ◽  
Legal Obligations

Sexual violence happened to children are often occurred, after the emergence of sexual cases in Jakarta International School (JIS). It began to arise attention to child victims of sexual violence. This paper aims to provide a review of the protection on child victims of sexual violence at this time. With the sociological juridical method, the primary data were obtained from direct interviews with law enforcement officers, while secondary data were obtained from literature references. The result shows that the legal protection does not pay attention on children as victim. The legal protection for children as victim sexual violence is expected to give punishment to the criminals in the form of payment of compensation to the victim whose amount is determined in the court, or fulfillment of the obligation of the Local custom or legal obligations that live in society or social and mental rehabilitation. If the convicted person tries to avoid giving the compensation, the convicted person is not entitled to a reduction in the criminal term and does not get conditional released.

scholarly journals THE RIGHT OF RESTITUTION FOR CHILD VICTIMS OF SEXUAL VIOLENCE IN INDONESIA

2021 ◽  
Vol 29 ((S2)) ◽  
pp. 167-197
Author(s):  
Rosmalinda Rosmalinda ◽  
Ningrum Natasya Sirait ◽  
Suhaidi ◽  
Edy Ikhsan
Keyword(s):  
Sexual Violence ◽  
Police Officers ◽  
Child Protection ◽  
Local Governments ◽  
Civil Society Organizations ◽  
Child Victims ◽  
Court Decisions ◽  
Group Discussions ◽  
Rights Of The Child ◽  
The Right

Article 4 of the Convention on the Rights of the Child (CRC) mentions the obligations of state parties to implement the CRC. Furthermore, article 19 of the CRC requires State Parties to protect children from any form of violation including sexual violation through legislative, administrative, social and education measures. This article describes the results of research related to the implementation of CRC for child victims of sexual violence (CVSV) through court decisions. The analysis was conducted on seven Districts and three High Court decisions in 2018 in Medan and Deli Serdang Districts, North Sumatera Province in Indonesia concerning sexual violence which involve children as victims. The researcher conducted focus group discussions which involved two groups of respondents; (1) Law Enforcement Officers and (2) OPD (Organisasi Pemerintahan Daerah/Local Governments) and CSOs (Civil Society Organizations) which concerns CVSV issues. The finding shows that none of the court decisions mentioned about rights of the victims, as they focused only to punish the perpetrator(s). It is ironic since the right is regulated under several regulations in Indonesia concerning child protection. Therefore, the researcher recommends that police officers and Public Prosecutors should be more active in providing information concerning restitution for the victims. This will assist the victim(s) and his/her families to obtain justice not only by punishing the perpetrator but also by obtaining his/her right of restitution.

scholarly journals KONSEPSI PERLINDUNGAN ANAK DARI TINDAKAN EKSPLOITASI SEKSUAL KOMERSIAL ANAK PADA HUKUM INTERNASIONAL DAN PENERAPANNYA DALAM HUKUM NASIONAL

2017 ◽  
Author(s):  
T. Riza Zarzani N
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
International Law ◽  
Child Protection ◽  
Sexual Exploitation ◽  
Law Enforcement Officers ◽  
Commercial Sexual Exploitation ◽  
Law Enforcement Agencies ◽  
Rights Of The Child ◽  
Legal Provisions

The conception of child protection from various forms of crime, such as sexual exploitation that has been existed in various legal provisions and at the level of international law of the existence of children as subjects of human rights which has been manifested by the ratification of the Convention on the Rights of the Child. Indonesia has implemented child protection by issuing Laws Number 23/2002. The implementation of child protection from sexual exploitation in Indonesia is conducted through legislation, namely: ratification and establishment of rules on child protection, executive efforts by making effective law enforcement agencies such as police, KPAI establishment. Efforts to combat commercial sexual exploitation are done by synergizing between law enforcement officers, legislation and preventive efforts through education.

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