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 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.

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 Sanksi Pidana terhadap Pengasuh Tempat Penitipan Anak terhadap Kematian Anak yang Diasuh

2020 ◽  
Vol 1 (1) ◽  
pp. 120-124
Author(s):  
Gede Made Agus Paramartha ◽  
I Ketut Sukadana ◽  
I Made Minggu Widyantara
Keyword(s):  
Child Care ◽  
Child Protection ◽  
Care Service ◽  
Care Center ◽  
Legal Protection ◽  
Criminal Code ◽  
Child Care Center ◽  
Care Services ◽  
Legal Method ◽  
Child Care Service

Children are one of the gifts entrusted by God Almighty to every parent. They have the obligation to supervise and maintain the development of each child. Children should also be cared for properly by their parents, but it is not uncommon for children to be cared for by others through child care services. When a child is under supervision at a child care service, there is negligence by the caregiver which causes the death of the child. Based on this background, this study aimed to describe how the legal protection for children who are left in a child care center and what are the criminal sanctions for the caregivers of child care center toward child deaths. This research was conducted using the normative legal method. The results of this study showed that children who are left in a child care center get legal protection to prevent children from getting acts that threaten the child's psyche. Legal protection is specifically regulated in Law Number 35 of 2014 concerning child protection. In addition, the criminal sanction for caregivers of child care toward the death of a child refers to article 359 of the Criminal Code with the risk of a sentence of 5 years in prison.

scholarly journals CRIMINAL POLICY IN CHILDREN'S CONSTRUCTION EFFORTS AS A NARCOTIC CRIMINAL ACTION PERSON

2018 ◽  
Vol 2 (2) ◽  
pp. 144
Author(s):  
Frans Simangunsong
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Juvenile Justice ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Justice System ◽  
Criminal Policy ◽  
Electronic Media ◽  
Daily Press ◽  
Special Provision

Cases of narcotics abuse are increasing. This is evidenced by the almost<br />daily press reports from newspapers and electronic media about smuggling, illegal<br />trade, arrests and detention related to the problem of narcotics abuse. The purpose of<br />narcotics abuse is a deviant or accidental use of narcotics. So the act violates the law and<br />is threatened with criminality. Criminal policy in an effort to control children as<br />perpetrators of narcotics crimes. Threats of imprisonment that can be imposed on<br />children no later than 1/2 (one half) from the maximum threat of imprisonment for<br />adults. This means that the criminal threat for children who become narcotics couriers is<br />half of the criminal threats contained in the Narcotics Law. For children who become<br />couriers or narcotics brokers, they must be based on the mechanism stipulated in the<br />Child Protection Act and the Juvenile Justice System Law. Law enforcement for<br />perpetrators who are still under age, there is a special provision called diversion, namely<br />the transfer of settlement of child cases from criminal justice processes to processes<br />outside of criminal justice

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.

Child sexual abuse: A critical analysis of social workers' role in recognising and responding to it

2020 ◽  
Vol 1 (1) ◽  
pp. 26-33
Author(s):  
Gary Wade
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Social Workers ◽  
Child Protection ◽  
Sexual Exploitation ◽  
Critical Evaluation ◽  
It Services ◽  
Policy And Practice ◽  
Critical Attention

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.

Young children: the visibility paradox

2020 ◽  
pp. 87-112
Author(s):  
Corinne May-Chahal ◽  
Emma Kelly
Keyword(s):  
Sexual Abuse ◽  
Law Enforcement ◽  
Child Sexual Abuse ◽  
Young Children ◽  
Sexual Violence ◽  
Family Members ◽  
Image Databases ◽  
The Past ◽  
Traditional Sense ◽  
The Subject

This chapter reviews what is known about child sexual abuse media, with a particular focus on the abuse of young children (those under the age of 10). Young children are seldom the subject of research on sexual violence, yet the online-facilitated sexual abuse of these children is known to exist. In the past, child sexual abuse has been described as a hidden phenomenon that is made visible through a child's disclosure or evidence in and on their bodies. Online child sexual victimisation (OCSV) experienced by young children is still hidden in this traditional sense but at the same time highly visible through images that are both detached from the child yet traumatically attached through their creation and continued circulation throughout childhood. Indeed, most of what can be known about OCSV and younger children is through analyses of images harvested online and analyses of law enforcement and non-governmental organisation (NGO) image databases. These sources suggest that OCSV involving young children is different from that experienced by those who are older. It more often involves parents, carers, and family members; it is legally and developmentally impossible for children to consent to it; and images and videos of the abuse are more likely to be trafficked.

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