{"title":"为性暴力受害者提供法律保护以实现赔偿权利","authors":"Niken Subekti Budi Utami, I. Prabowo","doi":"10.20961/YUSTISIA.V9I2.35208","DOIUrl":null,"url":null,"abstract":"<div><table cellspacing=\"0\" cellpadding=\"0\" align=\"left\"><tbody><tr><td align=\"left\" valign=\"top\"><p><em>This is an empirical normative study, which aims to determine the legal protection for child victims of sexual violence in the context of law enforcement and the implementation of the right to restitution. In addition, the materials used were primary and secondary data. The legal instrument that implements the rights to restitution for children victims is the arrangement of articles that are unclear and incomplete, resulting in problems. However, bad judges prevent courts from implementing these rights. Unclear and incomplete rules on procedures concerning restitution rights have resulted in an understanding of law enforcement officials, especially in conducting the inter-court application process, and proceedings. Meanwhile, the human resource factors in supporting the fulfillment of restitution are deemed inadequate. The existence of a legal vacuum in the procedures for fulfilling these rights has made the public prosecutor to implement the court resolution and make innovation through consensus decision making.</em></p></td></tr></tbody></table></div>","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2020-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"LEGAL PROTECTION FOR CHILDREN AS VICTIMS OF SEXUAL VIOLENCE IN FULFILLMENT RESTITUTION RIGHTS\",\"authors\":\"Niken Subekti Budi Utami, I. Prabowo\",\"doi\":\"10.20961/YUSTISIA.V9I2.35208\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<div><table cellspacing=\\\"0\\\" cellpadding=\\\"0\\\" align=\\\"left\\\"><tbody><tr><td align=\\\"left\\\" valign=\\\"top\\\"><p><em>This is an empirical normative study, which aims to determine the legal protection for child victims of sexual violence in the context of law enforcement and the implementation of the right to restitution. In addition, the materials used were primary and secondary data. The legal instrument that implements the rights to restitution for children victims is the arrangement of articles that are unclear and incomplete, resulting in problems. However, bad judges prevent courts from implementing these rights. Unclear and incomplete rules on procedures concerning restitution rights have resulted in an understanding of law enforcement officials, especially in conducting the inter-court application process, and proceedings. Meanwhile, the human resource factors in supporting the fulfillment of restitution are deemed inadequate. The existence of a legal vacuum in the procedures for fulfilling these rights has made the public prosecutor to implement the court resolution and make innovation through consensus decision making.</em></p></td></tr></tbody></table></div>\",\"PeriodicalId\":33244,\"journal\":{\"name\":\"Yustisia\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2020-08-31\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Yustisia\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.20961/YUSTISIA.V9I2.35208\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Yustisia","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.20961/YUSTISIA.V9I2.35208","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
LEGAL PROTECTION FOR CHILDREN AS VICTIMS OF SEXUAL VIOLENCE IN FULFILLMENT RESTITUTION RIGHTS
This is an empirical normative study, which aims to determine the legal protection for child victims of sexual violence in the context of law enforcement and the implementation of the right to restitution. In addition, the materials used were primary and secondary data. The legal instrument that implements the rights to restitution for children victims is the arrangement of articles that are unclear and incomplete, resulting in problems. However, bad judges prevent courts from implementing these rights. Unclear and incomplete rules on procedures concerning restitution rights have resulted in an understanding of law enforcement officials, especially in conducting the inter-court application process, and proceedings. Meanwhile, the human resource factors in supporting the fulfillment of restitution are deemed inadequate. The existence of a legal vacuum in the procedures for fulfilling these rights has made the public prosecutor to implement the court resolution and make innovation through consensus decision making.