scholarly journals KETENTUAN HUKUM TINDAK PIDANA PENCABULAN TERHADAP ANAK DIBAWAH UMUR MENURUT UNDANGUNDANG PERLINDUNGAN ANAK

LEGALITAS ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 90
Author(s):  
Ony Rosifany

One of the triggers for the crime of sexual immorality in this case is the rapid development of information and technology flows. Fornication is an act carried out by someone who is motivated by sexual desire to do things that can arouse lust, thereby causing self-satisfaction. What is troubling society is the criminal act of child sexual abuse, whether it is a boy or a girl. Fornication is an act committed by someone who is motivated by sexual desire.In general, the factors that cause the crime of child sexual immorality can be caused by internal factors as well as external factors.The legal provisions for the crime of child molestation against children are contained in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, stated in Article 76 E and Article 82.

2021 ◽  
Author(s):  
◽  
Elizabeth Dieckermann

<p>This paper examines the New Zealand health professional’s role (with an emphasis on doctors) in several aspects of child sexual abuse intervention and treatment. Both current and proposed legal provisions are considered. After an explanation of their important role in this area, the current child protection framework insofar as it is relevant to health professionals is outlined. This is followed by an analysis of changes proposed in the Government’s White Paper for Vulnerable Children and Vulnerable Children Bill which will affect the landscape in which health professionals work. While there are benefits to proposed measures, some raise privacy and ethical concerns, or are inadequate to address the problem. The paper then addresses the legal requirements around the undertaking of medical examinations following a sexual abuse allegation, observing that the legislation raises questions around issues of consent, and making some suggestions for amendment. Finally, the general healthcare needs of adult survivors of abuse are considered.</p>


2021 ◽  
Author(s):  
◽  
Elizabeth Dieckermann

<p>This paper examines the New Zealand health professional’s role (with an emphasis on doctors) in several aspects of child sexual abuse intervention and treatment. Both current and proposed legal provisions are considered. After an explanation of their important role in this area, the current child protection framework insofar as it is relevant to health professionals is outlined. This is followed by an analysis of changes proposed in the Government’s White Paper for Vulnerable Children and Vulnerable Children Bill which will affect the landscape in which health professionals work. While there are benefits to proposed measures, some raise privacy and ethical concerns, or are inadequate to address the problem. The paper then addresses the legal requirements around the undertaking of medical examinations following a sexual abuse allegation, observing that the legislation raises questions around issues of consent, and making some suggestions for amendment. Finally, the general healthcare needs of adult survivors of abuse are considered.</p>


Author(s):  
Jelena Gerke ◽  
Tatjana Dietz

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.


2021 ◽  
Vol 4 (1) ◽  
pp. 28-34
Author(s):  
Nontje Rimbing ◽  
Meiske T. Sondakh ◽  
Eske N. Worang

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.


2020 ◽  
Vol 22 (3) ◽  
pp. 567-582
Author(s):  
R Bondan Agung Kardono ◽  
Nyoman Serikat Putra Jaya ◽  
Nur Rochaeti

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.


2020 ◽  
Vol 1 (1) ◽  
pp. 26-33
Author(s):  
Gary Wade

The role of social workers in safeguarding and child protection has received much critical attention in recent years, in an evolving political and social arena, where policy and practice has shifted following both public outcry of serious case reviews and subsequent policy and practice changes concerning the profession and how it services the needs of the most vulnerable in society. This article seeks to critically examine the current methodology for identifying suspected child sexual abuse signs and indicators, the evolving spectrum of abuse, including critical evaluation of current perspectives on child sexual exploitation.


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