scholarly journals A Criminological Outlook of Cyber Crimes in Sexual Violence Against Children in Indonesian Laws

2020 ◽  
Vol 10 ◽  
pp. 219-223
Author(s):  
I Nyoman Juwita Arsawati ◽  
◽  
I Made Wirya Darma ◽  
Putu Eva Ditayani Antari
Keyword(s):  
Sexual Violence ◽  
Child Protection ◽  
Active Role ◽  
Criminal Code ◽  
Electronic Information ◽  
Violence Against Children ◽  
Electronic Transactions ◽  
Cyber Crimes ◽  
The Government ◽  
The Impact

The purpose of this study is to analyze the cybercrimes in sexual violence against children in Indonesian laws. Act Number 11 of 2008 concerning Information and Electronic Transactions, concerning cybercrime specifically regulated in Indonesia. Of the various types of cybercrime that occur in Indonesia, it is interesting to study the vacuum norms governing cyber pornography carried out on children in Act Number 11 of 2008 concerning Information and Electronic Transactions. The crime can be said as violence against children whose punishment can be aggravated as stipulated in the Child Protection Act. This research is a normative legal study by examining the absence of norms in the ITE Law regarding sanctions imposed on perpetrators of child abuse in cyberspace. The study was conducted by using normative research methods so that utilizing primary legal materials such as the Criminal Code, Child Protection Act, Pornography Law, and Electronic Information and Transaction Law. Based on the collection and analysis of the legal material, the results showed that there is a need for criminal penalties for cyber pornography against children. This is done by considering the impact of the crime on the development of children and aims that the perpetrators deter and prevent similar crimes. The results practically contribute that the government is expected to play an active role in continuing to provide protection and assistance for psychological recovery from victims.

scholarly journals TINDAKAN KEBIRI BAGI PELAKU KEKERASAN SEKSUAL TERHADAP ANAK (Kajian Perspektif Hukum Islam dan Hukum Positif di Indonesia)

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Desy Maryani
Keyword(s):  
Human Rights ◽  
Sexual Violence ◽  
Child Protection ◽  
Criminal Code ◽  
The Other ◽  
Human Being ◽  
Legal Policy ◽  
Violence Against Children ◽  
Men 2 ◽  
The Government

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

scholarly journals CASTRATION AS AN ENTERPRISE OF CRIMINAL POLICY IN THE CHILD PROTECTION LAW

2020 ◽  
Vol 8 (1) ◽  
pp. 27
Author(s):  
Abdul Kadir ◽  
Dwi Nur Fauziah Ahmad
Keyword(s):  
Sexual Violence ◽  
Criminal Law ◽  
Child Protection ◽  
Criminal Policy ◽  
Criminal Code ◽  
Deterrent Effect ◽  
Positive Direction ◽  
Legal Policy ◽  
Violence Against Children ◽  
The Government

The rise of sexual violence against children in Indonesia requires strict legal rules and a deterrent effect on perpetrators. So the government in the latest child protection law includes punishment for castration. The issues raised are how the application of criminal law against perpetrators of sexual violence against children (pedophilia) in Indonesia and how the additional criminal regulation of castration as a criminal law policy in the child protection law. The type of research used is normative research, which is research that focuses on a positive direction in the form of statutory regulations. Criminal application for perpetrators of sexual violence against children is regulated in the Criminal Code and the Child Protection Act. Castration is a new legal policy by the government in dealing with the perpetrators of sexual violence against children.Keywords: Castration, Legal Policy, Child Protection

scholarly journals PERLINDUNGAN ANAK TERHADAP KEKERASAN SEKSUAL DI KOTA MAKASSAR

2020 ◽  
Vol 1 (2) ◽  
pp. 37
Author(s):  
Muhammad Anis
Keyword(s):  
Sexual Violence ◽  
Child Protection ◽  
Psychological Development ◽  
Family Factors ◽  
The Other ◽  
Child Victims ◽  
Religious Knowledge ◽  
Violence Against Children ◽  
Other Hand ◽  
The Government

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.

scholarly journals PENERAPAN HUKUMAN TINDAKAN KEBIRI KIMIA DALAM PERSPEKTIF HAK ASASI MANUSIA

2020 ◽  
Vol 3 (1) ◽  
pp. 26-34
Author(s):  
Messy Rachel Mariana Hutapea
Keyword(s):  
Human Rights ◽  
Sexual Violence ◽  
Child Protection ◽  
Government Regulation ◽  
Negative Impact ◽  
Chemical Castration ◽  
Violence Against Children ◽  
Second Amendment ◽  
Pros And Cons ◽  
The Government

Children are still victims of sexual violence by perpetrators who are stronger than victims. Children who are victims of sexual violence have a negative impact on the psychic and mental, so that children will have trauma that is difficult to be eliminated or even prolonged trauma. So that the government established the Law Number 17 of 2016 concerning the Establishment of the Government Regulation in Lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection into Law. In the laws and regulations, it has been regulated regarding the castration penalty of chemistry. Indonesia is a country that still upholds all human rights possessed by every community in Indonesia without discrimination. This chemical castration execution raises the pros and cons in people's lives. So this chemical castration is considered to have violated the Human Rights of perpetrators of sexual violence against children. This research wants to dig deeper about the use of chemical castration punishment in perpetrators of recurrent crimes in the human rights perspective. This study uses normative research methods with conceptual and legislative approaches. Chemical castration has not been one of the effective penalties and provides a deterrent for perpetrators of sexual violence, so the laws governing chemical castration punishment need to be reviewed.Anak masih menjadi korban kekerasan seksual yang dilakukan oleh para pelaku yang lebih kuat dari korban. Anak yang menjadi korban kekerasan seksual mendapatkan dampak yang negatif terhadap psikis dan batinnya, sehingga anak akan memiliki trauma yang susah untuk dihilangkan atau bahkan trauma tersebut berkepanjangan. Sehingga pemerintah membentuk peraturan Undang-Undang Nomor 17 tahun 2016 tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang Nomor 1 tahun 2016 tentang Perubahan Kedua atas Undang-undang Nomor 23 tahun 2002 tentang Perlindungan Anak menjadi Undang-Undang. Didalam peraturan perundang-undangan tersebut, telah diatur tentang hukuman kebiri kimia. Indonesia adalah negara yang masih menjunjung setiap Hak Asasi Manusia yang dimiliki oleh setiap masyarakat di Indonesia tanpa adanya diskriminasi. Eksekusi kebiri kimia ini menimbulkan pro dan kontra didalam kehidupan masyarakat. Sehingga kebiri kimia ini dianggap telah melanggar Hak Asasi Manusia dari pelaku kekerasan seksual terhadap anak. Penelitian ini ingin menggali lebih dalam tentang penggunaan hukuman kebiri kimia pada pelaku kejahatan berulang dalam persektif hak asasi manusia. Penelitian ini menggunakan metode penelitian normative dengan endekatan konseptual dan perundang-undangan. Kebiri kimia belum menjadi salah satu hukuman yang efektif dan membuat jera untuk pelaku kekerasan seksual, Sehingga undang-undang yang mengatur tentang hukuman kebiri kimia perlu dikaji ulang.

scholarly journals Perlindungan Hukum terhadap Anak Penyandang Disabilitas sebagai Korban Kekerasan Seksual

2021 ◽  
Vol 2 (2) ◽  
pp. 359-364
Author(s):  
Nadila Purnama Sari ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Sexual Violence ◽  
Child Protection ◽  
Children With Disabilities ◽  
Legal Protection ◽  
Criminal Code ◽  
Criminal Cases ◽  
Persons With Disabilities ◽  
Violence Against Children ◽  
Criminal Sanctions ◽  
Positive Law

Children with disabilities are often the main targets to be victims of criminals, discrimination and sexual violence. The following can be seen from the increase in criminal cases against women and children with disabilities which from year to year tends to increase. The purpose of this study is to determine the legal protection of children with disabilities as victims of sexual violence and criminal sanctions against perpetrators of sexual violence against children with disabilities. The method used is a normative method along with statutory and conceptual approaches. The results of the study show that legal protection for children as victims of sexual violence is contained in article 1 paragraph (2) of Law no. 35 of 2014 concerning child protection, namely so that the child gets protection and his rights as a child. Criminal sanctions for perpetrators of sexual violence against persons with disabilities exist in positive law in Indonesia. The criminal act of rape is contained in Articles 285 to 288 of the Criminal Code. Violence against children with disabilities there is no law that specifically regulates it but in VU No. 35 of 2014 concerning Child Protection in Article 290 paragraph (1) is threatened with approximately 7 years of imprisonment.

scholarly journals Punishment Arrangement on the Action of Sexual Violence against Children in Legal Regulations of Indonesia

2019 ◽  
Vol 6 (2) ◽  
pp. 237
Author(s):  
Yelli Nelvia ◽  
Elwi Danil ◽  
Aria Zurnetti
Keyword(s):  
Domestic Violence ◽  
Sexual Violence ◽  
Child Protection ◽  
Crime Rate ◽  
Criminal Code ◽  
Legal Regulations ◽  
Violence Against Children ◽  
Second Amendment ◽  
Procedure Code ◽  
Research Problems

The research problems are “How is the punishment arrangement of sexual violence against children in legal regulations of Indonesia? How is the punishment arrangement of sexual violence against children in the Draft of the 2015 Criminal Code and in the Draft of the 2018 Criminal Code?” This research is normative juridical research. This study uses a legal approach to the Child Protection Law, the Law on the Elimination of Domestic Violence and the Draft of the Criminal Code in 2015 and 2018 concerning sexual violence against children. The results of the study indicate that various types of laws have provided detailed regulation of the criminal actions of sexual violence against children. Giving punishment for the perpetrators has been strictly regulated. Law No. 17 of 2016 concerning the Second Amendment to Law No.23 of 2002 concerning Child Protection contains a threat of castration for perpetrators of sexual violence against children. This punishment is expected to reduce the crime rate against the perpetrators and no more pedophiles in Indonesia. However, in the Draft of Criminal Procedure Code, the criminal actions of sexual violence against children is combined into the chapter on decency, not regulated separately and the threats given are also not as severe as the criminal threats in the child protection law. It is highly expected that there is a change in the Draft of Criminal Code to separate between cases of decency and child protection. The threat of punishment given is also aggravated.

scholarly journals Handling Cases of Sexual Violence against Children in North Aceh Regency (Overview: Law Number 23 Year 2002 and Aceh Qanun Number 11 Year 2008 Concerning Children Protection)

2020 ◽  
Vol 3 (1) ◽  
pp. 182-197
Author(s):  
Abdullah Abdullah
Keyword(s):  
Sexual Violence ◽  
Social Services ◽  
Social Order ◽  
Boarding School ◽  
Police Station ◽  
Violence Against Children ◽  
The North ◽  
Educational Relationships ◽  
The Government ◽  
The Impact

The impact of sexual violence in northern Aceh has destroyed the rule of law, individual rights and social order, through writing it will describe and analyze efforts to handle cases of sexual violence against children in the northern Aceh district. This type of research includes normative juridical research in which qualitative information and research data are mostly in the form of texts and a number of case studies. The results showed that: sexual violence against children in the district of North Aceh, namely rape, sexual harassment, sodomy, incest, escaping underage girls, molestation and intimidation. Adult actors sometimes have blood relations, kinship, educational relationships and have intimate relationships. Forms of handling cases by social services under the control of P2TP2A service units in collaboration or in partnership with various parties / institutions starting with assistance in the community, psychological recovery of victims, bringing victims to the doctor for vise and then proceed to the police station, continued to assist until the legal process in court there is legal certainty then the next handling will be handled by the government through the North Aceh district social service by maintaining security, fulfillment of restitution rights for victims, but this hope has not been realized maximally because the North Aceh district government has not made a comprehensive program for rehabilitation of victims, generally victims handed over to the family and facilitated to be entrusted in the salafi boarding school (traditional).

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

SOEPRA ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 4
Author(s):  
Liya Suwarni
Keyword(s):  
Law Enforcement ◽  
Sexual Violence ◽  
Medical Record ◽  
Child Protection ◽  
Influential Factors ◽  
Medical Record Data ◽  
Violence Against Children ◽  
Record Data ◽  
The Law ◽  
The City

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.

The impact of interpersonal violence in youth sport on adult psychopathology

2017 ◽  
Vol 41 (S1) ◽  
pp. S748-S748
Author(s):  
T. Vertommen ◽  
J. Kampen ◽  
N. Schipper-van Veldhoven ◽  
K. Uzieblo ◽  
F. Van Den Eede
Keyword(s):  
Sexual Violence ◽  
Interpersonal Violence ◽  
Child Protection ◽  
Mental Health Problems ◽  
Physical Violence ◽  
Youth Sport ◽  
Brief Symptom Inventory ◽  
Psychological Violence ◽  
Symptom Inventory ◽  
The Impact

IntroductionA recent cohort study in the Netherlands and Belgium showed that 38% of children experienced psychological violence, 11% physical violence, and 14% sexual violence in sport (Vertommen et al., 2016). This study aims to explore the long-term consequences on anxiety, depression and somatic complaints in adults who experienced psychological, physical or sexual violence in the specific context of organized youth sport.MethodsA web survey in a representative sample of adults, prescreened on having participated in organized sport before the age of 18 (n = 4043) was conducted. In this sample, depression, anxiety and somatic problems were assessed using the brief symptom inventory. A generalized linear model was used to quantify the impact of experiencing severe interpersonal violence in sport on psychopathology.ResultsAll three types of severe interpersonal violence (psychological, physical and sexual) were significantly associated with the total score and the subscales of the brief symptom inventory. The effect remains significant after controlling for socio-demographics, as well as disability, sexual orientation, adverse childhood experiences outside sport, recent trauma and family history of psychological problems.ConclusionsExperiencing interpersonal violence against in youth sport is associated with mental health problems in adulthood. This is an important finding to consider in child protection policy in sport.Disclosure of interestThe authors have not supplied their declaration of competing interest.

scholarly journals FAKTOR-FAKTOR PENYEBAB TINDAK PIDANA KEKERASAN SEKSUAL TERHADAP ANAK

2019 ◽  
Vol 14 (1) ◽  
pp. 1
Author(s):  
Ida Bagus Subrahmaniam Saitya
Keyword(s):  
Sexual Violence ◽  
Child Protection ◽  
Environmental Influences ◽  
External Factors ◽  
Human Beings ◽  
Internal Factors ◽  
Violence Against Children ◽  
The Gift ◽  
Victims Of Crime

<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>

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