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  • ISSN[Online] : 2643-9875  ||  ISSN[Print] : 2643-9840

VOLUME 06 ISSUE 05 MAY 2023

The Criminal Action of Rape Against Child According to Indonesian Law Number 35 of 2014
1M. Wahyu Ardi Sunarto,2Nur Handayati,3Subekti
1,2,3Master of Law, Faculty of law Universitas Dr. Soetomo, Indonesia
DOI : https://doi.org/10.47191/ijmra/v6-i5-38

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ABSTRACT:

Currently the Indonesian people are actively working on fixing very important issues regarding Human Rights (HAM) in all aspects of life, especially child protection in Indonesia. The criminal act of rape against a child is one of the most important legal issues to be studied. Protection can be given in the form of granting the right to protect children in various ways, one of which is by formulating and implementing Law Number 35 of 2014 as a substitute for Law Number 23 of 2002 concerning Child Protection.
Some of these problems are as follows: 1) What is the legal arrangement for the crime of rape against children? 2) How is the application of the law against the perpetrators of child rape? 3) What are the efforts to deal with the criminal act of rape against children? In writing this thesis, the author uses a normative juridical approach, meaning that the existing problems are studied based on the applicable laws and regulations and literature related to these problems and to find answers to these problems.
Conclusion: 1) The legal arrangements for the crime of rape against minors have been accommodated in Law Number 35 of 2014 concerning Child Protection, which was previously regulated in Law Number 23 of 2002. 2) The perpetrators of the crime of rape against children are subject to imprisonment and fines, 3) Efforts that can be made to provide legal protection for victims of rape: rehabilitation efforts, efforts to protect identity from reporting through the mass media and avoiding labeling, providing guarantees for the safety of witnesses and expert witnesses, both physically and mentally, as well as social.
Suggestions: 1) We recommend that efforts to protect children be prioritized and continue to be pursued in order to avoid the crime of rape. 2) The government must provide facilities and infrastructure for the recovery of child victims of rape, so that victims can continue their lives in the future. Society must participate in supporting child victims of rape violence to get legal protection, so that the Indonesian nation becomes a country that succeeds in creating a prosperous society based on humanity.

KEYWORDS:

Understanding, Kratom, Teenagers, Thailand

REFERENCES

1) Achmad Ali, 2008. Revealing the Law, Ghalia Indonesia, Bogor. Thing. 298.

2) Ahmad Kamil and Fauzan. Law, Protection and Adoption of Children in Indonesia. (Jakarta: PT RajaGrafindo Persada, 2008). p. 5

3) Ali iMasyhar, iOp.Cit, ihlm. i100.

4) Andi Hamzah, 2008. Principles of Criminal Law, Rineka Cipta, Jakarta. Thing. 129.

5) Barda Nawawi Arief, Anthology of Criminal Law Policy, Citra Aditya Bakti, Bandung, 2012), pp. 1-2

6) Dadang S. Anshari (et.al.), Discussing Feminism, Muslimah Reflections on the Social Role of Women, Pustaka Hidayah, Bandung, 1997, p. 74.

7) Eta Kalasuso. 2016. The Role of Investigators in Diversion to the Crime of Abuse committed by Children. Scientific journal. Hal. 27

8) Haedar Nashir, Religion and Crisis of Modern Humanity, Student library, Jogja, 1997, page 64

9) Hardjon, Legal Protection of Children, Jakarta: Eresco, 2007), p. 5

10) Huda Chairul, 2008, From "No Crime Without Error" To "No Accountability Without Error" A Critical Review of The Theory of Separation of Crime and Criminal Responsibility, Prenada Media Group, Jakarta.

11) Ministry of Education and Culture, KBBI Online. https://kbbi.kemdigbud.go.id. Accessed April 4, 2019

12) Koesparmono Irsan, Child Protection Law, (Jakarta: Faculty of Law, Jakarta Veterans National Development University, 2007), H.7.

13) Leden Marpaung, 2005. Crime Against Life and Body, PT. Sinar Graphics, Jakarta. Hal. 10.

14) Leden Marpaung, Crimes Against Decency and Prevention Problems, Sinar Graphic, Jakarta, p. 81

15) Maidin Gultom, Legal Protection of Children, Bandung: Redika Aditama, 2010. H. 7.

VOLUME 06 ISSUE 05 MAY 2023

There is an Open Access article, distributed under the term of the Creative Commons Attribution – Non Commercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting and building upon the work for non-commercial use, provided the original work is properly cited.


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