scholarly journals DUALISME PENERAPAN HUKUM BAGI PELAKU KEKERASAN SEKSUAL TERHADAP ANAK

LITIGASI ◽  
2020 ◽  
pp. 267-290
Author(s):  
AMRINA HABIBI ACHMAD

National law regulating child protection stipulates that every child has the right to secure protection, one of which is from sexual crimes, and gives the authority to adjudicate the case to the juvenile court under the district court. But on the other hand, the local law in force in Aceh stipulates that the authority is to adjudicate cases of sexual violence against children to the Sharia Court. Both of these regulations give rise to legal dualism that governs the same case in the Aceh jurisdiction, so that it can cause problems in its enforcement. This article intends to question the implementation of the absolute authority of the judiciary in theresolution of cases of sexual violence against children in Aceh, and explains the application of sanctions for perpetrators of sexual violence against children. This article is the result of a research that uses the juridical empiric method. Implementation of absolute authority in judicial institutions related to the settlement of cases of sexual violence against children in the jurisdiction of Aceh, district courts whose authority is given by national law are more competent than the Sharia Court whose authority is given by local law. One of the reasons among many is because district court judges generally have special certificates for adjudicating cases involving children, while the judge of the Sharia Court did not.

Author(s):  
Desy Maryani

The government needs to re-examine the provision of additional punishment that is considered a violation of human rights violated human rights and not in accordance with Islamic Shari'a. The results of the study show that (1) the punishment of the noble violates the Shari'a of Islam so it is forbidden with three reasons: a) Islamic shari'ah has unlawfully prohibited the human being, without any dissenting opinion (khilafiyah) among fuqaha, b) Islamic shariah has set penalties for pedophile who commit acts of immorality and rape according to the details of the facts of his deeds, so that it may not (haram) carry out any kind of punishment outside the provisions of Islamic Sharia, c) in the case of the method of using a chemical injection method, namely injected estrogen hormone, from the other side, because it resulted in castrated men having physical characteristics such as women. Yet Islam has forbidden men to resemble women or vice versa women resemble men. (2) In the regulation of legal policy for perpetrators of sexual violence against children is contained in the Criminal Code and the issuance of Law no. Law No. 23 of 2002, Law no. 35 of 2014 until the issuance of Law no. 1 Year 2016 on Child Protection


Author(s):  
Muhammad Anis

Abstract               Sexual violence against children is one of the serious problems we face today, various elements, especially the government, are related to the government's efforts in implementing the Child Protection Act Number 35 of 2014. On the other hand, child victims of sexual violence are part of an immature community its development both physically and psychologically, so it requires special assistance in handling it. Sexual violence against children is an act of violence perpetrated by a community whose physical or psychological development is insufficient or immature so that it requires ongoing assistance specifically relating to its handling. The cause of the occurrence of acts of sexual violence against children is due to family factors, such as parenting that allows their children to get along freely which results in the child losing his identity, the factor of parents not equipping children with religious knowledge which consequently children don’t understand what can be done and which can’t done, the influence of the environment and many more factors that can cause acts of sexual violence in children. So that children don’t experience acts of sexual violence against children, it should be as parents should set an example to children, provide the best examples for children about how to live in accordance with our religion and culture, so that children avoid sexual violence, there must be assistance or supervision strict on children.Keywords: Child Protection, Makassar City, Sexual Violence.AbstrakKekerasan seksual terhadap anak merupakan salah satu permasalahan serius yang kita hadapi saat ini, berbagai elemen terutama pemerintah dikarenakan berkaitan dengan upaya pemerintah dalam melaksanakan Undang-Undang perlindungan anak Nomor 35 Tahun 2014. Disisi lain, anak korban kekerasan seksual merupakan bagian dari masyarakat yang belum matang perkembangannya baik secara fisik maupun psikologis, sehingga membutuhkan pendampingan khusus dalam penanganannya. Kekerasan seksual terhadap anak adalah tindak kekerasan yang dilakukan oleh masyarakat yang kurang atau belum matang perkembangan fisik maupun psikisnya sehingga membutuhkan pendampingan yang berkesinambungan terkhusus yang berhubungan dengan penanganannya. Penyebab terjadinya tindakan kekerasan seksual terhadap anak karena faktor keluarga, seperti Pola Asuh yang membiarkan anaknya bergaul dengan bebas yang berakibat anak kehilangan jati diri, faktor orang tua tidak membekali anak dengan ilmu agama yang akibatnya anak tidak memahami yang mana bisa dilakukan dan mana yang tidak bisa dilakukan, pengaruh lingkungan dan masih banyak lagi faktor yang dapat menyebabkan terjadinya tindak kekrasan seksual pada anak. Agar anak tidak mengalami tindak kekerasan seksual  pada anak, hendaknya sebagai orang tua harus memberi keteladanan kepada anak, memberikan contoh yang terbaik kepada anak tentang bagaimana pola hidup yang sesuai dengan agama dan budaya kita, agar anak terhindar dari kekerasan seksual, harus ada pendampingan atau pengawasan yang ketat terhadap anak.Kata Kunci : Kekerasan Seksual, Kota Makassar, Perlindungan Anak.


2018 ◽  
Vol 3 (2) ◽  
pp. 121-132
Author(s):  
Krismiyarsi Krismiyarsi

In Article 28 B paragraph (2) of the Constitution of the Republic of Indonesia, it is stated that the State guarantees the rights of children to survival, to grow and develop and to protect them from violence and discrimination. Along with the rapid flow of globalization and the negative impact of the development of information technology and telecommunications, sexual violence against children is increasing. The Indonesian Child Protection Commission (KPAI), stated that in 2015 there were 218 cases, in 2016 there were 120 cases, and in 2017 there were 116 cases. To address the phenomenon of sexual violence against children, the President of Indonesia issued a Government Regulation in Lieu of Law No. 17 of 2016, which was subsequently upgraded to Law namely Law No. 17 of 2016 concerning Stipulation of Government Regulation in lieu of Law No. 1 of 2016 concerning the second Amendment to Law No. 23 of 2002 concerning Child Protection becomes Law. The contents of criminal offenses against perpetrators of criminal acts of sexual violence against children can be subject to additional criminal sanctions in the form of announcing the identity of the perpetrators, and can be subjected to acts of chemical castration accompanied by rehabilitation and installation of electronic detectors. The basic consideration for the issuance of this Perppu is to minimize sexual crimes, give a deterrent effect to perpetrators of sexual crimes and prevent any intention for anyone to commit sexual crimes. However, the issuance of this Perppu invites pros and cons of how to implement it, considering that until now there has been no further Government Regulation regulating, especially the Indonesian Medical Association has refused to do chemical castration. This paper wants to explore the existence of the Perppu seen from the study of criminal law politics.


Al-'Adl ◽  
2021 ◽  
Vol 14 (2) ◽  
pp. 135
Author(s):  
Rachmadani Rachmadani ◽  
Sarwo Zulfahmi Muhammad Daming

This article discusses the review of Islamic criminal law regarding sanctions castration chemistry for the perpetrators of sexual violence against children. It is motivated by the rampant cases of sexual crimes against children have increased every year. As a response to the things that President Joko Widodo has issued Government Regulation No.. 70 Year 2020 about procedures for the Implementation of the Action Castration Chemistry, the Installation of the Detector Electronics, Rehabilitation and the Announcement of the Identity of the Perpetrators of Sexual Violence against Children. This rule gave authority to the state to be able to impose sanctions castration chemistry for the perpetrators of sexual violence against children. As for the problem studied in this research is how the forms of sexual violence in children? and how the determination of sanctions castration chemistry for the perpetrators of sexual violence against children is viewed from the perspective of the criminal law of Islam? This study uses the approach of normative juridical to discover the basics of the law of the criminal law of Islam-related sanctions gelding chemical. While methods of data collection using the method of literature, after the data collected then analyzed and interpreted by means of deductive. The results showed sanctions gelding chemical was done as an attempt of recovery of sexual disorders, so it can be said this punishment is not as torture against the perpetrators. As for the sanctions gelding chemical in the perspective of Islamic criminal law can be categorized punishment ta'zir which is a sentence that has a minimum and a maximum that is determined by a judge. The judge reserves the right to impose a penalty gelding chemical if the defendant is convicted of a violation based on the applicable law, because of the type of punishment is not in the nash.


2019 ◽  
Vol 6 (3) ◽  
Author(s):  
Aji Sudarmaji

In its development every person in the country of Indonesia has the right to live free from torture and sexual crimes, therefore sexual crimes are damned and heinous acts which must be resisted. All this time, resistance to sexual violence has been carried out by all parties under the existing legal umbrella, including Perpu No. 1 of 2016, namely through the implementation of chemical castration sanctions, but in reality, it has not been effective in eradicating sexual crimes. In addition, the existing castration chemical sanctions are also felt to have violated the human rights of perpetrators of sexual crimes, whereas the actual law only restores the social system of existing crimes by not violating the human rights of all parties, both victims and perpetrators. The purpose of the research in this article is to analyze the formulation of castration sanctions policy policies on the perpetrators of the crime of child sexual violence in Indonesia at this time. To analyze castration criminal sanctions against child sexual violence offenders in Indonesia who have not met Pancasila values. To find the right formula for reconstructing criminal sanctions on perpetrators of child sexual violence in Indonesia based on Pancasila values. The method used in this article is sociological juridical. From the results of the research carried out it can be concluded that the implementation of Article 81 PERPU Number 1 the Year 2016 has not effectively protected and been able to recover victims of sexual violence. Then the factors that influence this are legal regulations that are still contrary to human rights respect as stipulated in the Pancasila and the 1945 Constitution of the Republic of Indonesia, then law enforcement factors that still do not pay attention to the recovery of children who are victims of sexual violence, and factors community culture that is still unable to effectively combat sexual violence against children due to a culture that considers sexual violence against children a family disgrace that no one should know.


2020 ◽  
Vol 4 (1) ◽  
pp. 45-63
Author(s):  
Debora Anggie Noviana ◽  
Bambang Waluyo ◽  
Rosalia Dika Agustanti

 AbstrakPelaksanaan Kebiri Kimia merupakan hukuman yang baru di Indonesia, terjadi pro kontra terkait pelaksanaan tindakan tersebut, dari salah satu sisi pelaksanaan pidana kebiri diharapkan mampu memberikan efek jera bagi pelaku kekerasan seksual pada anak dan juga menjadi salah satu bentuk pencegahan agar tidak kembali terjadi kasus yang sama, serta diharapkan agar dapat mengurangi tingkat kejahatan seksual terhadap anak. Penelitian ini hendak mengkaji pelaksanaan kebiri kimia dilihat dari perspektif yuridis dan kedokteran. Metode penelitian yang digunakan adalah yuridis normatif. Pendekatan masalah dengan menggunakan pendekatan perundang-undangan dan pendekatan kasus, sumber utama berasal dari literatur serta menggunakan sumber data sekunder yang dianalisis secara kualitatif. Dengan masih banyaknya pro kontra yang terjadi terkait penerapan eksekusi kebiri kimia yang dikarenakan Ikatan Dokter Indonesia (IDI) menolak untuk melakukan eksekusi karena alasan kemanusiaan. Perlu adanya peraturan yang mengatur mengenai pelaksanaan eksekusi kebiri kimia agar dapat memberikan kepastian hukum dan keadilan baik bagi korban dan juga pelaku pelecehan seksual pada anak, dan juga  memberikan dasar hukum yang sah bagi eksekutor kebiri kimia yaitu dokter untuk melakukan eksekusi kebiri kimia tersebut tanpa harus bertentangan dengan kode etik kedokteran sehingga pidana kebiri kimia dapat segera diberlakukan secara lebih efektif sesuai dengan tujuannya yaitu menggurangi angka kasus kekerasan seksual pada anak di Indonesia. Kata Kunci : Kebiri Kimia, Perlindungan anak, Pidana AbstractThe implementation of castration chemistry is a new punishment in Indonesia, there are pros and cons related to the implementation of these actions, from one side of the implementation of castration criminal is expected to be able to provide a deterrent effect for perpetrators of sexual violence against children and also be a form of prevention so as not to re-occur the same case , and is expected to be able to reduce the level of sexual crimes against children. This study wants to examine the implementation of chemical castration from a juridical and medical perspective. The research method used is normative juridical. Approach the problem by using the legislative approach and case approach, the main source comes from the literature and uses secondary data sources that are analyzed qualitatively. With the many pros and cons that occur related to the implementation of chemical castration execution due to the Indonesian Doctors Association (IDI) refused to carry out executions due to humanitarian reasons. There is a need for regulations governing the implementation of chemical castration execution in order to provide legal certainty and justice for both victims and also perpetrators of sexual abuse on children, and also provide a legal basis for chemical castration executors namely doctors to carry out chemical castration execution without having to contradict with a code of ethics in medicine so that the chemical castration crime can be immediately applied more effectively in accordance with its goal of reducing the number of cases of sexual violence against children in Indonesia.Keywords: Chemical castration, child protection, criminal


SOEPRA ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 4
Author(s):  
Liya Suwarni

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.


2019 ◽  
Vol 14 (1) ◽  
pp. 1
Author(s):  
Ida Bagus Subrahmaniam Saitya

<p>Law No. 23 of 2002 concerning Child Protection, affirms that children are a mandate as well as the gift of God the Almighty, which we must always guard because in them the dignity, dignity and rights as human beings must be upheld. Children who are victims of crime are weak people who often cannot protect and help themselves because of their situation and conditions. Crime of sexual violence against children is a crime that uses violence or threats of violence<br />against children so that the child can be controlled for sexual relations. Internal factors causing criminal acts of sexual violence such as the proximity of the perpetrator to the victim, the role of the perpetrator, and the position of the victim. External factors that cause sexual violence crimes, namely environmental influences, such as being far from the crowd, lonely, or closed places that allow perpetrators to commit sexual violence.</p>


2010 ◽  
Vol 23 (3) ◽  
pp. 609-627 ◽  
Author(s):  
XABIER AGIRRE ARANBURU

AbstractEstablishing the pattern of crime is fundamental for the successful investigation of international crimes (genocide, war crimes, and crimes against humanity). A pattern of crime is the aggregate of multiple incidents that share common features related to the victims, the perpetrators, and the modus operandi. Pattern evidence and analysis have been used successfully, mainly in the investigation of large-scale killings, destruction, and displacement; the use for sexual violence charges has been remarkably more limited. There is a need to overcome this gap by setting proper methods of data collection and analysis. At the level of evidence collection, under-reporting should be addressed through victimization surveys or secondary analysis of data available from different sources. At the level of analysis, the available evidence needs to be subject to impartial examination beyond the pre-conceptions of the conflict parties and advocacy groups, in compliance with scientific standards for quantitative, qualitative, and GIS (Geographic Information Systems) methods. Reviewing the different investigative experiences and jurisprudence will help to set the right methodology and contribute most efficiently to putting an end to the impunity regarding sexual crimes.


2020 ◽  
Vol 1 (1) ◽  
pp. 37-51
Author(s):  
Moh. Ansar ◽  
Suhri Hanafi ◽  
Sitti Nurkhaerah ◽  
Wahyuni Wahyuni ◽  
Taufan B.

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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