Peer-reviewed article
Legal Protection for Children in Efforts to Prevent Crimes of Sexual Violence against Children
Rizki Ayu ·
Summary
Written by AI, not yet AICS's view · claude-haiku-4-5-20251001This paper examines legal protections for children who are victims of sexual violence in Indonesia. It discusses challenges in implementing existing child protection laws and describes the special protections mandated under Indonesian Law Number 35 of 2014. The document outlines the rights children should receive during legal proceedings, including humane treatment, legal aid, confidentiality, and separation from adult offenders. The paper emphasizes that despite strong legal frameworks, optimal implementation of child protection remains difficult due to internal and external constraints.
Key points
- Cases of sexual violence against children in Indonesia continue to increase despite legal penalties
- Implementation of legal protection for child victims faces both internal and external obstacles
- Law Number 35 of 2014 mandates special protections including humane treatment, effective legal aid, closed trials, and avoidance of publication of the child's identity
- Protections include freedom from torture, access to recreational activities, and provisions for children with disabilities
- Legal enforcement aims to fulfill justice for victims, families, and communities while imposing maximum sanctions on perpetrators
Limitations
This document is primarily descriptive of existing legal frameworks rather than evaluative of their effectiveness. It does not provide empirical data on how well these protections are actually implemented or their outcomes for child victims.
Abstract
Children often become victims of criminal acts of sexual violence. The number of children who are victims of these criminal acts continues to increase, as if the perpetrators never feel worried that the law will result in heavy sanctions. In providing protection for children victims of sexual violence and providing legal assistance for children victims of sexual violence, many obstacles are still encountered. These constraints are both constraints from internal factors and also constraints from external factors. In reality, the implementation of legal protection for child victims of sexual violence cannot be implemented optimally in accordance with existing legal and regulatory policies in Indonesia. Enforcing the law in criminal acts of sexual violence against children can fulfill a sense of justice for the victim, the victim's family and the community. In an effort to impose maximum sentences and provide strict sanctions for perpetrators of criminal acts of sexual violence against children. based on Law Number 35 of 2014 concerning the legal protection of children in article 64 (special protection for children in conflict with the law as intended in article 59 paragraph (2) letter b) is carried out through: humane treatment by taking into account the general needs, separation from adults, effective provision of legal aid and other assistance, implementation of recreational activities, freedom from torture, punishment or other cruel, inhumane and degrading treatment, avoidance of the death penalty and/or life imprisonment, avoidance of arrest, detention or imprisonment, except as a last resort and within the shortest time, provision of justice before an objective, impartial juvenile court and in a trial closed to the public, avoidance of publication of their identity, provision of parental/guardian assistance and people trusted by children, providing social advocacy, providing personal life, providing accessibility, especially for children with disabilities, providing education, providing health services, providing other rights in accordance with statutory provisions.Keywords :Legal Protection, Prevention, sexual