Peer-reviewed article
Advocacy and Protection for Victims of Sexual Violence against Children: Insight from Indonesia's Experience
Selviana Krismawati, Salsabila Yumna Pratiwi, Nucharee Nuchkoom Smith, Robert Brian Smith ·
Summary
Written by AI, not yet AICS's view · claude-haiku-4-5-20251001This legal research study examines how Indonesia's justice system protects child victims of sexual violence, using a specific court case as a detailed example. The study found that child victims often experience vulnerability and psychological damage, but not all legal protections available to them are actually used in practice. The research shows that formal victim protection agencies sometimes fail to provide support due to lack of initiative from families or law enforcement, though some non-legal health protections do exist.
Key points
- Child victims of sexual violence in the studied case showed vulnerability, mental and physical impacts, and were easily influenced by external factors
- Not all legally mandated victim protections were implemented in the case, including support from the Witness and Victim Protection Agency (LPSK)
- Lack of initiative from families and law enforcement officials prevented victims from accessing formal protection mechanisms
- Non-juridical protections, particularly medical and health support, were identified as part of the protective response
- The study highlights gaps between legal frameworks for victim protection and their actual implementation in practice
Limitations
This is a legal case study analysis based on one court decision, so findings may not be generalizable across Indonesia's justice system or other contexts. The study does not provide quantitative data on prevalence of sexual violence against children or systematic evaluation of intervention outcomes.
Abstract
This research conducts a comprehensive exploration of the nuanced dimensions surrounding the role and protection of victims of sexual violence against children in Indonesia, with a specific focus on Decision Number 28/Pid.Sus/2021/PN Bbs, employing a normative juridical methodology. The study aims to reveal legal intricacies in victim form and protection throughout the judicial proceedings outlined in Decision Number 28/Pid.Sus/2021/PN Bbs, utilizing secondary sources such as laws, regulations, books, legal journal articles, and media coverage. Employing a descriptive analytical approach, the research identifies two pivotal dimensions. Firstly, victims of sexual violence against children in Decision Number 28/Pid.Sus/2021/PN Bbs exhibit vulnerability, easily persuadable traits, and compromised mental and physical conditions. External factors, including determinants of life, personality, and education, further contribute to the complexity of their roles. Secondly, an exploration of victim protection within the decision reveals that not all legally stipulated safeguards are embraced, with the Witness and Victim Protection Agency (LPSK) providing no support due to a lack of initiative from the family or law enforcement officials. Despite this, non-juridical protections, particularly in health, were identified, such as post-mortem medical treatment. To enhance comprehensiveness, the study incorporates perspectives of advocacy and victim protection, critically examining the efficacy of advocacy initiatives and evaluating existing frameworks for both juridical and non-juridical protection. This comprehensive approach aims to provide a holistic understanding of challenges and opportunities in safeguarding victims of sexual violence against children within the context of Decision Number 28/Pid.Sus/2021/PN Bbs.