从受害学的角度看家庭暴力犯罪行为对受害儿童的法律保护

IF 2.5 3区社会学 Q2 DEVELOPMENT STUDIES

European Journal of Development Research Pub Date : 2023-05-31 DOI:10.28926/jdr.v7i1.279

Mamay Komariah

{"title":"从受害学的角度看家庭暴力犯罪行为对受害儿童的法律保护","authors":"Mamay Komariah","doi":"10.28926/jdr.v7i1.279","DOIUrl":null,"url":null,"abstract":"Growth and development as well as the fulfillment of all necessities of life are absolutely necessary for a child who is the next generation. In fact, it is not uncommon for a crime or crime to be committed against children. In fact, in some cases where there are criminal acts of violence both physically and psychologically, it is carried out by the closest environment in the child's life, namely his own family. This study discusses the causes of a child becoming a victim of violence in the family by using victimology in its approach. This is necessary so that in the future the state within the existing legal system can protect the rights of children who are victims of criminal acts of physical and psychological violence in their family. This type of legal research is a type of normative legal research, which aims to review the provisions of positive law in this case criminal law as a source of law. The problem approach in legal research uses the statutory approach, carried out by reviewing existing laws and regulations relating to the legal issues being discussed. In this discussion provides conclusions and suggestions that uniformity is needed regarding the regulation of legislation regarding the age limits of a person can be qualified as children, so as not to cause confusion and difficulties in its implementation. ","PeriodicalId":47650,"journal":{"name":"European Journal of Development Research","volume":null,"pages":null},"PeriodicalIF":2.5000,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Sollen Das and Sein Legal Protection for Child Victims of Criminal Acts of Domestic Violence From a Victimological Perspective\",\"authors\":\"Mamay Komariah\",\"doi\":\"10.28926/jdr.v7i1.279\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Growth and development as well as the fulfillment of all necessities of life are absolutely necessary for a child who is the next generation. In fact, it is not uncommon for a crime or crime to be committed against children. In fact, in some cases where there are criminal acts of violence both physically and psychologically, it is carried out by the closest environment in the child's life, namely his own family. This study discusses the causes of a child becoming a victim of violence in the family by using victimology in its approach. This is necessary so that in the future the state within the existing legal system can protect the rights of children who are victims of criminal acts of physical and psychological violence in their family. This type of legal research is a type of normative legal research, which aims to review the provisions of positive law in this case criminal law as a source of law. The problem approach in legal research uses the statutory approach, carried out by reviewing existing laws and regulations relating to the legal issues being discussed. In this discussion provides conclusions and suggestions that uniformity is needed regarding the regulation of legislation regarding the age limits of a person can be qualified as children, so as not to cause confusion and difficulties in its implementation. \",\"PeriodicalId\":47650,\"journal\":{\"name\":\"European Journal of Development Research\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":2.5000,\"publicationDate\":\"2023-05-31\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"European Journal of Development Research\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.28926/jdr.v7i1.279\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"DEVELOPMENT STUDIES\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Journal of Development Research","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.28926/jdr.v7i1.279","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"DEVELOPMENT STUDIES","Score":null,"Total":0}

引用次数: 0

摘要

成长和发展以及所有生活必需品的满足对下一代孩子来说是绝对必要的。事实上，针对儿童的犯罪或犯罪并不罕见。事实上，在某些情况下，在身体和心理上都存在暴力犯罪行为，这是由儿童生活中最接近的环境，即他自己的家庭实施的。本研究探讨了儿童成为家庭暴力受害者的原因，在其方法中使用了受害者学。这是必要的，以便将来在现有法律制度范围内的国家能够保护在其家庭中遭受身体和心理暴力犯罪行为的儿童的权利。这种类型的法律研究是一种规范性的法律研究，其目的是审查实在法的规定在这种情况下刑法作为法律渊源。法律研究中的问题方法使用成文法方法，通过审查与所讨论的法律问题有关的现有法律法规来进行。在本讨论中提出了结论和建议，即关于一个人的年龄限制可以被限定为儿童的立法的条例需要统一，以免在执行中造成混乱和困难。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

查看原文本刊更多论文

Sollen Das and Sein Legal Protection for Child Victims of Criminal Acts of Domestic Violence From a Victimological Perspective

Growth and development as well as the fulfillment of all necessities of life are absolutely necessary for a child who is the next generation. In fact, it is not uncommon for a crime or crime to be committed against children. In fact, in some cases where there are criminal acts of violence both physically and psychologically, it is carried out by the closest environment in the child's life, namely his own family. This study discusses the causes of a child becoming a victim of violence in the family by using victimology in its approach. This is necessary so that in the future the state within the existing legal system can protect the rights of children who are victims of criminal acts of physical and psychological violence in their family. This type of legal research is a type of normative legal research, which aims to review the provisions of positive law in this case criminal law as a source of law. The problem approach in legal research uses the statutory approach, carried out by reviewing existing laws and regulations relating to the legal issues being discussed. In this discussion provides conclusions and suggestions that uniformity is needed regarding the regulation of legislation regarding the age limits of a person can be qualified as children, so as not to cause confusion and difficulties in its implementation.

求助全文

通过发布文献求助，成功后即可免费获取论文全文。去求助

来源期刊

European Journal of Development Research DEVELOPMENT STUDIES-

CiteScore

5.70

自引率

4.00%

发文量

期刊介绍： The European Journal of Development Research (EJDR) redefines and modernises what international development is, recognising the many schools of thought on what human development constitutes. It encourages debate between competing approaches to understanding global development and international social development. The journal is multidisciplinary and welcomes papers that are rooted in any mixture of fields including (but not limited to): development studies, international studies, social policy, sociology, politics, economics, anthropology, education, sustainability, business and management. EJDR explicitly links with development studies, being hosted by European Association of Development Institutes (EADI) and its various initiatives. As a double-blind peer-reviewed academic journal, we particularly welcome submissions that improve our conceptual understanding of international development processes, or submissions that propose policy and developmental tools by analysing empirical evidence, whether qualitative, quantitative, mixed methods or anecdotal (data use in the journal ranges broadly from narratives and transcripts, through ethnographic and mixed data, to quantitative and survey data). The research methods used in the journal''s articles make explicit the importance of empirical data and the critical interpretation of findings. Authors can use a mixture of theory and data analysis to expand the possibilities for global development. Submissions must be well-grounded in theory and must also indicate how their findings are relevant to development practitioners in the field and/or policy makers. The journal encourages papers which embody the highest quality standards, and which use an innovative approach. We urge authors who contemplate submitting their work to the EJDR to respond to research already published in this journal, as well as complementary journals and books. We take special efforts to include global voices, and notably voices from the global South. Queries about potential submissions to EJDR can be directed to the Editors. EJDR understands development to be an ongoing process that affects all communities, societies, states and regions: We therefore do not have a geographical bias, but wherever possible prospective authors should seek to highlight how their study has relevance to researchers and practitioners studying development in different environments. Although many of the papers we publish examine the challenges for developing countries, we recognize that there are important lessons to be derived from the experiences of regions in the developed world. The EJDR is print-published 6 times a year, in a mix of regular and special theme issues; accepted papers are published on an ongoing basis online. We accept submissions in English and French.