JURIDICAL ANALYSIS OF THE LAW PROTECTION OF CHILDREN AS VICTIMS OF SEXUAL VIOLENCE

Abstract

This research aims to analyze the legal protection for children as victims of sexual violence, evaluate the effectiveness of existing regulations, and identify the factors contributing to the occurrence of such criminal acts. The method of this study uses normative juridical, with a case study of the Jakarta Pusat District Court Decision Number 294/Pid.Sus/2023/PN Jkt.Pst. Data are obtained from relevant legislation, including Law Number 35 of 2014 concerning Child Protection and Law Number 31 of 2014, which amends Law Number 13 of 2006 concerning the Protection of Witnesses and Victims. The focus of this research is to examine legal protections for children as victims of sexual violence. The result, based on research on the Central Jakarta District Court ruling, the panel of judges sentenced the defendant to 15 years of imprisonment and ordered restitution of IDR 15,429,000.00 to the victim’s family. The limitations of this research include the enforcement of law, which focuses on imposing penalties and lacks focus on victim protection. The implications of this research contribute to the development of criminal law, findings are expected to benefit legal practitioners, academics, and law enforcement agencies in strengthening the implementation of protections for victims of sexual violence. The novelty of this research is in the legislative reform introduced by Law Number 12 of 2022 concerning Sexual Violence Crimes, which is analyzed not only from a normative perspective but also through a victimology approach to children as victims and protects research for those.