Peer-reviewed article

Punishment Arrangement on the Action of Sexual Violence against Children in Legal Regulations of Indonesia

Yelli Nelvia, Elwi Danil, Aria Zurnetti · 27 Apr 2019

Abstract

The research problems are “How is the punishment arrangement of sexual violence against children in legal regulations of Indonesia? How is the punishment arrangement of sexual violence against children in the Draft of the 2015 Criminal Code and in the Draft of the 2018 Criminal Code?” This research is normative juridical research. This study uses a legal approach to the Child Protection Law, the Law on the Elimination of Domestic Violence and the Draft of the Criminal Code in 2015 and 2018 concerning sexual violence against children. The results of the study indicate that various types of laws have provided detailed regulation of the criminal actions of sexual violence against children. Giving punishment for the perpetrators has been strictly regulated. Law No. 17 of 2016 concerning the Second Amendment to Law No.23 of 2002 concerning Child Protection contains a threat of castration for perpetrators of sexual violence against children. This punishment is expected to reduce the crime rate against the perpetrators and no more pedophiles in Indonesia. However, in the Draft of Criminal Procedure Code, the criminal actions of sexual violence against children is combined into the chapter on decency, not regulated separately and the threats given are also not as severe as the criminal threats in the child protection law. It is highly expected that there is a change in the Draft of Criminal Code to separate between cases of decency and child protection. The threat of punishment given is also aggravated.