论强奸犯罪案件中儿童的法律援助(第138/ pid . su /2020/PN.Pti号决定研究)

D. Novianti, Erika Sudrajat
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引用次数: 0

摘要

随着时代的发展,它对犯罪的发展也有影响。强奸是社会上禁忌的犯罪行为之一,如果过去的强奸一般是由成年人在这个时代进行的,那么儿童就有可能成为施暴者,成为强奸的受害者。孩子是国家未来的形象,承载着国家的崇高价值观和理想。所有各方都有义务为儿童提供大规模和可持续的法律和非司法保护。儿童对儿童实施强奸罪是一种特殊案件,其处理方式肯定与一般其他案件的处理方式不同。此外,鉴于肇事者和受害者仍然是未成年人,在社会规则和一般的司法方面之间将存在许多冲突,因此需要机构和执法人员的作用来创造正义。在解决有儿童受害者的儿童强奸问题时,儿童的两种利益和两种权利是相互冲突的,这两种利益和两种权利都还有很长的路要走,因此在处理时必须得到特别的重视,即使这不能立即消除儿童所犯的罪行。普通人会认为强奸是一个禁忌话题,因为这种心态,受害者往往会被逼得走投无路,只是保持沉默而得不到正义。性暴力/强奸受害者有权获得法律援助,并为受到侵犯的受害者的权利伸张正义。那么,对儿童强奸犯罪受害者的法律援助有多重要呢?
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Discourse on Legal Aid for Children in Rape Crime Cases (Study of Decision Number 138/Pid.Sus/2020/PN.Pti)
Along with the times, it has implications for the development of a crime. Rape is one of the taboo criminal acts in society, if in the past rape was generally carried out by adults in this era, it is possible that children can become perpetrators and become victims of rape. Children are the image of the nation in the future who carry noble values ​​and ideals of the nation. The need for massive and sustainable legal and non-juridical protection of children is the obligation of all parties. The crime of rape committed by children against children is a special case where the handling is certainly not the same as handling other cases in general. Seeing further that the perpetrators and victims are still minors, there will be many conflicts between the sociological rules and the juridical aspects in general, the role of institutions and law enforcement officers is needed for the creation of justice. In solving the problem of rape committed by children with child victims, then there are two interests and two rights of children that are confronted with each other, both of which still have a long future ahead so that in handling it must receive special attention, even though this cannot be immediately eliminate the crime that has been committed by the child. Ordinary people will think that rape is a taboo subject, because of this mindset, the victim will tend to be cornered and just remain silent without getting justice. Victims of sexual violence/rape have the right to obtain legal assistance and obtain justice for the rights of victims who have been violated. Then how important is legal aid for victims of child rape crimes committed by children.
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