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

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.

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Discourse on the formulation of the Jarimah of sexual violence against children in the Aceh Qanun Jinayat

Research Society and Development ◽

10.33448/rsd-v10i11.20059 ◽

2021 ◽

Vol 10 (11) ◽

pp. e531101120059

Author(s):

Liza Agnesta Krisna ◽

I Nyoman Nurjaya ◽

Prija Djatmika ◽

Nurini Aprilianda

Keyword(s):

Law Enforcement ◽

Sexual Harassment ◽

Sexual Violence ◽

Criminal Law ◽

Child Protection ◽

Islamic Law ◽

State Regulations ◽

The Public ◽

Violence Against Children ◽

The Law

The implementation of Islamic law in Aceh is based on the special autonomy and privileges of Aceh. The implementation of Islamic law brings the spirit of formalizing Islamic teachings through formal state regulations, namely the Aceh Qanun. Qanun Jinayat is a regulation that regulates disgraceful acts that should be punished in the teachings of Islamic law or can be referred to as a compilation of criminal law in Aceh. There are ten types of jarimah (criminal acts) regulated in the Qanun Jinayat, two of which are jarimah of sexual harassment and jarimah of rape. During the implementation of the Qanun Jinayat related to the law enforcement of the crime of sexual violence against children, both crimes of sexual harassment and rape have attracted a lot of criticism from the public, this crime is seen as no longer regulated in the Qanun Jinayat because it has been regulated previously and is more complete in the Child Protection Law. The ratio legis for regulating sexual violence against children in the Qanun Jinayat is because this act is seen as a continuation of the act of khalwat. This study shows an inaccuracy in the formulation of the type of jarimah in the Qanun Jinayat and the neglect of horizontal harmonization of national law.

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KEBIJAKAN PEMBERATAN PEMIDANAAN PADA PELAKU KEKERASAN SEKSUAL TERHADAP ANAK DALAM PERSPEKTIF TUJUAN PEMIDANAAN

Jurnal Yuridis ◽

10.35586/.v4i1.123 ◽

2017 ◽

Vol 4 (1) ◽

pp. 1

Author(s):

Ari Wibowo

Keyword(s):

Sexual Violence ◽

Child Protection ◽

Deterrent Effect ◽

Violence Against Children ◽

Second Amendment ◽

Retributive Theory ◽

The Law ◽

Relative Theory

The existence of Law No. 23 of 2002 on Child Protection is part of the state's commitment to protect children. The Law has been amended for the second time through Perpu No. 1 of 2016. The emphasis in this second amendment is to aggravate the punishment of offender of sexual violence against children to provide a deterrent effect and prevent comprehensively the occurrence of sexual violence against children. This study used primary and secondary legal materials, with normative-juridical, policy, and philosophical approaches. This study concluded that punishment regulatin policy in Perpu No. 1 of 2016 reflects the purpose of punishment in the form of a combined theory that compromises between relative theory and retributive theory. While the policy of chemical chemistry regulation as a treatment reflects the purpose of punishment as rehabilitation.

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Efektivitas Penegakan Hukum Tindak Pidana Kekerasan Terhadap Anak Di Kota Makassar

Journal of Lex Philosophy (JLP) ◽

10.52103/jlp.v1i2.315 ◽

2020 ◽

Vol 1 (2) ◽

pp. 270-281

Author(s):

Azwad Rachmat Hambali

Keyword(s):

Law Enforcement ◽

Child Protection ◽

Law Enforcement Officers ◽

Legal Research ◽

Effective Factors ◽

Violence Against Children ◽

South Sulawesi ◽

Empirical Law ◽

The Law ◽

City Police

Tujuan penelitian menganalisis efektivitas penegakan hukum tindak pidana kekerasan terhadap anak di Kota Makassar dan faktor-faktor yang mempengaruhinya. Penelitian ini adalah penelitian hukum normatif dan hukum empiris. Sifat penelitian ini adalah deskriptif analitis. Populasi dalam penelitian ini Penyidik Kepolisian di Polres Makassar, Advokat, Aktivis Lembaga Perlindungan Anak Sulawesi Selatan, dan Korban/Keluarganya. Sampel peneltian adalah Penyidik Kepolisian 10 orang, Advokat 10 orang, Masyarakat 15 orang, dan Korban/Keluarganya 5 orang. Hasil penelitian ini menunjukkan bahwa kasus kekerasan terhadap anak yang dilaporkan ke Polresta Makassar setiap tahun mengalami penurunan akan tetapi penyelesaiannya juga mengalami kecenderungan penurunan. Oleh karena itu, penegakan hukum tindak pidana kekerasan terhadap anak di Kepolisian Resor Kota Makassar kurang efektif. Faktor-faktor yang mempengaruhi efektivitas penegakan hukum tindak pidana kekerasan terhadap anak di Kepolisian Resor Kota Makassar adalah faktor substansi hukum, faktor aparat penegak hukum, faktor sarana dan prasarana, serta faktor kesadaran hukum masyarakat. The research objective is to analyze the effectiveness of law enforcement on violence against children in Makassar City and the factors that influence it. This research is a normative legal research and empirical law. The nature of this research is descriptive analytical. The population in this study were Police Investigators at the Makassar Police, Advocates, South Sulawesi Child Protection Institution activists, and victims / their families. The sample of the study was 10 Police Investigators, 10 Advocates, 15 People, and 5 Victims / Their Families. The results of this study indicate that cases of violence against children reported to the Makassar Police have decreased every year, but the resolution has also decreased. Therefore, the law enforcement of violence against children in the Makassar City Police is less effective. Factors that affect the effectiveness of law enforcement on crimes against children at the Makassar City Police are legal substance factors, law enforcement officers, facilities and infrastructure factors, and community legal awareness factors.

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The Implementation of Chemical Castration Penalties towards Paedophilia Crime Perpetrators

FIAT JUSTISIA ◽

10.25041/fiatjustisia.v13no4.1683 ◽

2019 ◽

Vol 13 (4) ◽

pp. 321

Author(s):

Kartono Kartono ◽

Aji Mulyana

Keyword(s):

Law Enforcement ◽

Sexual Violence ◽

Sexual Offenders ◽

Child Protection ◽

Law Enforcement Officers ◽

Modus Operandi ◽

Chemical Castration ◽

Sexual Crime ◽

Violence Against Children ◽

Severe Punishment

Sexual crime (rape) is one of the crimes that are very disturbing to the community, and its development is increasingly diverse either in the motives, nature, the form, the intensity and the modus operandi. The concerning situation is that a castration or castration law is expected to encouraging perpetrators of child sexual violence to lose their desire to repeat their crime. This research will explain how the implementation of chemical castration against sexual offenders on children (paedophilia) and how the application of castration penalties after the purpose of Indonesian crimes. The implementation of the imposition of the chemical castration sentence seems to be considered as an answer to the high public demand for severe punishment for the perpetrators. The existing rules of criminal law and child protection have never been implemented optimally. The Act of sexual assault on a child brings harmful impacts against physical and psychology to the victim, which became an obstacle for law enforcement officers to know or detect victims of sexual violence against children.

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