scholarly journals AN ALTERNATIVE MODEL OF CHILD SEXUAL ABUSE HANDLING POLICY IN INDONESIA

2017 ◽  
Vol 19 (3) ◽  
Author(s):  
Rd. Ahmad Buchari ◽  
Asep Sumaryana ◽  
Rosita Novi Andari
Keyword(s):  
Sexual Abuse ◽  
Law Enforcement ◽  
Child Sexual Abuse ◽  
Child Protection ◽  
Alternative Model ◽  
Systems Approach ◽  
Research Findings ◽  
The Government ◽  
Data Collection Technique ◽  
Sexual Abuse Victims

Child sexual abuse is one of the forms of crimes against children that call for serious attention of the government. Indonesian Commission for Child Protection (KPAI)’s 2011-2016 years data shows that the number of child sexual abuse victims has been fluctuating year by year. The objectives of the present research were to evaluate the output of the implementation of government policies on handling child sexual abuses during 2011-2014, and to develop an alternative model of child sexual abuse handling policy suitable to apply in Indonesia. The research used a descriptive qualitative approach with a data collection technique of documentation and a descriptive data analysis. The research findings revealed that the policies currently pursued were generally ineffective both in prevention and in law enforcement against the offenders. Therefore, a model of child sexual abuse handling policy in Indonesia by a systems approach can be made as an alternative model of policies in dealing with the problem.

scholarly journals Early Prevention of Maternal Sexual Abuse

2021 ◽  
Author(s):  
Jelena Gerke ◽  
Tatjana Dietz
Keyword(s):  
Sexual Abuse ◽  
Early Childhood ◽  
Child Sexual Abuse ◽  
Child Maltreatment ◽  
Child Protection ◽  
Early Prevention ◽  
Marginalized Groups ◽  
Raising Awareness ◽  
Hebrew University ◽  
Research Findings

AbstractChild sexual abuse has been discussed thoroughly; however, marginalized groups of victims such as victims of child sexual abuse in early childhood and victims of maternal sexual abuse have rarely been considered. This essay combines these two relevant perspectives in child protection and aims to pin out future directions in the field of child abuse and specifically maternal sexual abuse and its early prevention. In the course of the 7th Haruv International PhD Workshop on Child Maltreatment at the Hebrew University, Jerusalem, in 2019 the topics of maternal sexual abuse and early prevention of child maltreatment in Germany were discussed and intertwined. Problems concerning the specific research of maternal sexual abuse in early childhood and prevention were identified. Both, maternal sexual abuse as well as sexual abuse in early childhood, i.e. before the age of three, are underreported topics. Society still follows a “friendly mother illusion” while recent cases in German media as well as research findings indicate that the mother can be a perpetrator of child sexual abuse. Similarly, sexual abuse in early childhood, namely abuse before the age of three, is existent; although the recognition of it is difficult and young children are, in regards to their age and development especially vulnerable. They need protective adults in their environment, who are aware of sexual abuse in the first years of life. Raising awareness on marginalized or tabooed topics can be a form of prevention. An open dialog in research and practice about the so far marginalized topics of maternal sexual abuse and sexual abuse in early childhood is crucial.

Law Enforcement on Child Sexual Abuse in Manado City

2021 ◽  
Vol 4 (1) ◽  
pp. 28-34
Author(s):  
Nontje Rimbing ◽  
Meiske T. Sondakh ◽  
Eske N. Worang
Keyword(s):  
Sexual Abuse ◽  
Law Enforcement ◽  
Child Sexual Abuse ◽  
Child Protection ◽  
Juvenile Justice System ◽  
Criminal Code ◽  
The North ◽  
North Sulawesi ◽  
Legal Method ◽  
Special Rules

This study investigates child sexual abuse cases that remain high in Manado as well as its law enforcement against the perpetrators, especially for underage perpetrators. By using a normative legal method, this research paper aims to examine legal materials, namely the Criminal Code and the Child Protection Law No. 35 of 2014 by collecting empirical data about law enforcement by the North Sulawesi Regional Police. The findings indicate that the law enforcement on underage perpetrators depends on the investigators in charge, in principle, under Law no. 35 of 2014, and they are detained in Child Care Centers of Tomohon. Also, this research specifically underlined that law enforcement against underage perpetrators has followed the procedures of the juvenile justice system, while the victims do need special attention of institutions outside the police. To ensure the rights to education in detention, this study suggests to make special rules regarding the obligation of teachers to provide private lessons.

scholarly journals Sanksi Pidana bagi Pelaku Perbuatan Cabul terhadap Anak Dibawah Umur (Studi Kasus Putusan Nomor 29/Pid. Sus- Anak/2018/PN Dps)

2020 ◽  
Vol 1 (1) ◽  
pp. 139-144
Author(s):  
I Putu Arta Setiawan ◽  
I Wayan Rideng ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Sexual Abuse ◽  
Law Enforcement ◽  
Child Protection ◽  
Legal Protection ◽  
Deterrent Effect ◽  
Public Prosecutor ◽  
Child Victims ◽  
Victims Of Sexual Abuse ◽  
The Law ◽  
The Government

Cases of molestation against children are rife today. This is a problem that becomes the duty of law enforcement officers and the community to fight. Abuse of children is carried out by offenders to fulfill thier lust and also because of sexual abnormalities. Related to this problem, law enforcement agencies in particular and the community must play an active role in making efforts to overcome these problems. Imposition of sanctions is a repressive effort that can be done to provide a deterrent effect for the perpetrators. Based on this problem, this study was conducted to describe how the legal protection of child victims of sexual abuse and how sanctions for perpetrators of sexual abuse of children. This study used a normative method, and research data are sourced from the opinions of legal scholars and the Law. The results of this study indicate that the government and the community are required to provide special protection such as rehabilitation efforts and keep victims from surrounding labeling or suffering from their identity as victims of sexual abuse or violence, as Article 64 Paragraph (1) and (3) of Law Number 23 Year 2002 JO Law Number 35 of 2014 concerning Child Protection regulates it. Based on Decision Number 29 / Pid. Sus-Anak / 2018 / PN Dps determined that the defendant BASID fulfilled the elements of the formulation in Article 82 paragraph (1) Jo Article 76 E of the Child Protection Act No. 35 of 2014 concerning amendments to the Law of the Republic of Indonesia Number 23 of 2002 concerning child protection and was sentenced to 13 (thirteen) years in prison along with job training at Mercy Indonesia Foundation Jalan Intan LC II Gang IV No.1 Gatot Subroto Denpasar for 6 (six) months as in a single indictment of the Public Prosecutor

Predictors of PTSD Among Child Sexual Abuse Victims

1994 ◽  
Author(s):  
D.A. Wolfe ◽  
◽  
L. Sas ◽  
C. Wekerle
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Sexual Abuse Victims

Prevention of Child Sexual Abuse: An Analysis of Issues, Educational Programs, and Research Findings

1988 ◽  
Vol 17 (4) ◽  
pp. 614-634 ◽  
Author(s):  
Deborah J. Tharinger ◽  
James J. Krivacska ◽  
Marsha Laye-McDonough ◽  
Linda Jamison ◽  
Gayle G. Vincent ◽  
...  
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Educational Programs ◽  
Research Findings

scholarly journals Hukuman Kebiri terhadap Kejahatan Seksual Anak

2020 ◽  
Vol 22 (3) ◽  
pp. 567-582
Author(s):  
R Bondan Agung Kardono ◽  
Nyoman Serikat Putra Jaya ◽  
Nur Rochaeti
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Human Resources ◽  
Criminal Law ◽  
Future Development ◽  
Child Protection ◽  
Financial Support ◽  
Chemical Castration ◽  
Second Amendment ◽  
Technical Regulations

Maraknya kejahatan seksual terhadap anak, menimbulkan persepsi bahwa kebijakan hukuman penal yang ada saat ini, dipandang tidak mampu meminimalisir kejahatan seksual terhadap anak. Tulisan ini mempertanyakan bagaimana kebijakan kriminal sanksi tindakan kebiri terhadap pelaku kejahatan seksual terhadap anak yang diatur dalam PERPU No. 1 Tahun 2016 saat ini dan masa mendatang? Tulisan ini merupakan penelitian yuridis normatif yang mengkonsepkan hukum sebagai ius constitutum, ius constituendum dan hukum in concreto. Hasil penelitian menyimpulkan bahwa kebijakan kriminal melalui hukum pidana berupa hukuman kebiri kimia, perlu diikuti dengan Peraturan Teknis Pelaksana; (a) Pelaksanaan sanksi tindakan kebiri tidak dapat dite-rapkan untuk semua pola-pola kejahatan seksual, tetapi bersifat kasuiistis; (b) Diperlu-kan dukungan sarana prasarana sumberdaya manusia untuk teknis pelaksanaanya; (c) Diperlukan dukungan anggaran biaya yang secara tegas dimuat dalam DIPA untuk menjalankan eksekusi kebiri; (d) Diperlukan kajian akademik yang mendukung revisi atau perubahan atas Undang-Undang No. 17 Tahun 2016 tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang No. 1 Tahun 2016 tentang Perubahan Kedua atas Undang-Undang No. 23 Tahun 2002 tentang Perlindungan Anak menjadi UU. Castration Punishment for Child Sexual Abuser The increasing number of child sexual abuse considered as an impact of penal punishment incapability. The aim of this research is to examine the enforcement of PERPU No.1/ 2016 specifically about crastation punismneht for child sexual abuser, currently and its future development. This is a juridical normative research by ceoncepting law as ius constitutum, ius constituendum and law in concreto. The research conclude that criminal law in the form of chemical castration punishment, needs to be followed by Implementing Technical Regulations; (a) The implementation of the castration sanction cannot be applied to all kind of  sexual abuse, but it is casuiistic in nature; (b) Infrastructure and human resources is needed for the technical implementation; (c) The inportance of financial support that’s explicitly mentioned in DIPA to enforce the castration execution; (d) Lastly, an academic study is also needed to support a revision for  Law Number 17 of 2016 concerning the stipulation of PERPU number 1 of 2016 concerning the second amendment to law number 23 of 2002 concerning child protection, transform to be a law.

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 Perlindungan Hukum Terhadap Anak Sebagai Perantara Narkotika (Study Putusan No.14/Pid.Sus Anak.2015/PN.Dps)

2021 ◽  
Vol 2 (1) ◽  
pp. 195-199
Author(s):  
Rezky Ayu Saraswati ◽  
I Nyoman Sujana ◽  
Diah Gayatri Sudibya
Keyword(s):  
Law Enforcement ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Best Interests ◽  
District Court ◽  
Criminal Sanctions ◽  
The Government ◽  
The Moment

The rise of drug trafficking involving children as narcotics couriers is a problem that needs serious attention from both the government, law enforcement and the community. Children who commit crimes must continue to obtain legal protection in the best interests of the child. Child protection is contained in Law number 11 of 2012 concerning the juvenile justice system, where at the moment children can become narcotics abuse even as narcotics brokers with the rampant abuse of narcotics for all circles both in Indonesia and in the international world. The formulation of the problem raised is how is the basis for judges' consideration in imposing criminal sanctions on children as intermediaries for narcotics? And what is the legal protection of children as an intermediary for narcotics? The problems to be discussed will be examined based on normative perspectives and the legislative approach to the decisions of the Denpasar District Court No. 14 / Pid.Sus Anak / 2015 / PN. Dps, that the judge considers that the accused child has committed narcotics crimes by being charged Law number 35 of 2009 concerning narcotics, which can be sentenced to a minimum of 5 years and a maximum of 20 years and can be subject to fines. Legal protection for children is carried out by judges by imposing criminal training on employment in a generation of Indonesian foundations, solely so that children can carry out their activities as usual when they return to the community and do not disturb their psychic rights and can increase their skills in children. The child does not return to committing a crime.

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