Imposition of Criminal Sanction Against Sexual Offenders from the Perspective of Child Protection Laws

Yuridika Pub Date : 2022-03-01 DOI:10.20473/ydk.v37i1.33513
D. Mayasari
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Abstract

While the Indonesian government has passed the Law on Child Protection to ensure the fulfillment of children's rights, there remain a substantial number of children who are victims of sexual violence. In fact, the cases reached 14,517 in 2021. For that reason, this paper aims to discuss the imposition of criminal sanction against sexual abusers and law protection for child victims of sexual abuse. This paper is a normative legal research that puts emphasis on the legal approach, especially the Child Protection Law. Regulations on procedures for imposition of sanction against sexual offenders are already included in the Child Protection Law, despite the fact that sanctions are not explicitly defined since there are minimum and maximum criminal sanctions. Therefore, it is perceived that judges can impose minimal criminal sanctions, including chemical castration, which is one of the additional sanctions as regulated in Law Number 17 of 2016. For those categorized as child victims, psychological advocacy is important to recover their mental condition and to move on from past trauma. This has been regulated as special protection that takes the forms of reproductive health education, inculcation of religious values and decency; social rehabilitation; psychosocial advocacy toward healing; and protection and advocacy at every stage of trial, from investigation, prosecution, up to examination in court. Imposition of criminal sanctions against the offender and advocacy for child victims of sexual abuse must be optimally implemented to ensure their optimal growth and development to become this country’s future generation that succeed in making their dream come true.
从儿童保护法看性犯罪者的刑事制裁
尽管印度尼西亚政府通过了《儿童保护法》以确保儿童权利的实现,但仍有大量儿童成为性暴力的受害者。事实上,2021年的病例达到14517例。因此,本文旨在讨论对性虐待者实施刑事制裁以及对性虐待儿童受害者的法律保护。本文是一项规范性的法律研究,侧重于法律途径,尤其是《儿童保护法》。关于对性犯罪者实施制裁程序的规定已经列入《儿童保护法》,尽管由于有最低和最高刑事制裁,制裁没有明确规定。因此,人们认为法官可以实施最低限度的刑事制裁,包括化学阉割,这是2016年第17号法律规定的额外制裁之一。对于那些被归类为儿童受害者的人来说,心理宣传对于恢复他们的精神状况和摆脱过去的创伤很重要。这被规定为特殊保护,采取生殖健康教育、灌输宗教价值观和体面的形式;社会康复;对康复的心理社会倡导;以及从调查、起诉到法庭审查的审判各个阶段的保护和辩护。必须以最佳方式实施对罪犯的刑事制裁和对性虐待儿童受害者的宣传,以确保他们的最佳成长和发展,成为成功实现梦想的国家未来一代。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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来源期刊
CiteScore
0.40
自引率
0.00%
发文量
24
审稿时长
24 weeks
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