Kompensasi Terhadaap Anak Sebagai Korban Tindak Pidana Perkosaan
), Yonna Beatrix Salamor(3)
(1) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(2) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(3) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Corresponding Author
Abstract
Introduction:Protection for victims of criminal acts can be interpreted as protection to obtain guarantees or legal compensation for the suffering or losses of victims of criminal acts so that they are paid more attention to by the State, one of which is the victims of rape crimes because victims are entitled to compensation provided by the State.
Purposes of the Research:This study aims to review and discuss the Mechanism for Providing Compensation to children victims of the Rape Crime and the reasons for the judge so that in his decision compensation for children is handed over to the State treasury.
Methods of the Research:The type of research used in this writing is nomative juridical. The problem approach used is the Statutory approach, the conceptual approach and the case approach. Legal materials used primary legal materials and secondary legal materials. The technique of collecting legal materials is carried out by means of literature studies. The management and analysis of materials is analyzed qualitatively.
Results of the Research:Based on the results of the study, the compensation mechanism is regulated in Government Regulation No. 44 of 2008 concerning the Provision of Compensation, Restitution, and Legal Assistance to Witnesses and Victims. Compensation must be filed prior to a court decision that does not yet have permanent legal force. The Witness and Victim Protection Agency (LPSK) may apply for compensation to the public prosecutor to be included in criminal prosecutions because the compensation application must be submitted by the victim or the victim's family or their attorneys through the Witness and Victim Protection Agency (LPSK). The judge in his ruling so that the compensation of the child as a victim of the crime of rape is handed over to the State treasury because the child as a victim of a criminal act does not apply for compensation through the Witness and Victim Protection Agency to the Public Prosecutor and proceed to the Court so that in the judgment the rights of the child victim of the rape crime is handed over to the treasury.
Keywords
DOI
10.47268/sanisa.v3i1.1541
Published
2023-04-28
How To Cite
@article{sanisa1541,
author = {Weny Larwuy and Sherly Adam and Yonna Salamor},
title = {Kompensasi Terhadaap Anak Sebagai Korban Tindak Pidana Perkosaan},
journal = {SANISA: Jurnal Kreativitas Mahasiswa Hukum},
volume = {3},
number = {1},
year = {2023},
keywords = {Compensation; Rape Crime; Child},
abstract = {Introduction:Protection for victims of criminal acts can be interpreted as protection to obtain guarantees or legal compensation for the suffering or losses of victims of criminal acts so that they are paid more attention to by the State, one of which is the victims of rape crimes because victims are entitled to compensation provided by the State.Purposes of the Research:This study aims to review and discuss the Mechanism for Providing Compensation to children victims of the Rape Crime and the reasons for the judge so that in his decision compensation for children is handed over to the State treasury.Methods of the Research:The type of research used in this writing is nomative juridical. The problem approach used is the Statutory approach, the conceptual approach and the case approach. Legal materials used primary legal materials and secondary legal materials. The technique of collecting legal materials is carried out by means of literature studies. The management and analysis of materials is analyzed qualitatively.Results of the Research:Based on the results of the study, the compensation mechanism is regulated in Government Regulation No. 44 of 2008 concerning the Provision of Compensation, Restitution, and Legal Assistance to Witnesses and Victims. Compensation must be filed prior to a court decision that does not yet have permanent legal force. The Witness and Victim Protection Agency (LPSK) may apply for compensation to the public prosecutor to be included in criminal prosecutions because the compensation application must be submitted by the victim or the victim's family or their attorneys through the Witness and Victim Protection Agency (LPSK). The judge in his ruling so that the compensation of the child as a victim of the crime of rape is handed over to the State treasury because the child as a victim of a criminal act does not apply for compensation through the Witness and Victim Protection Agency to the Public Prosecutor and proceed to the Court so that in the judgment the rights of the child victim of the rape crime is handed over to the treasury.},
issn = {2776-2289}, pages = {14--20} doi = {10.47268/sanisa.v3i1.1541},
url = {https://fhukum.unpatti.ac.id/jurnal/sanisa/article/view/1541}
}
Adam. S, Fungsi Keterangan Ahli Dalam Pembuktian Tindak Pidana Pembunuhan. Belo, Juli 2019.
Ahmad Sofian, Pidana Denda Sebagai Alternatif Atas Penjara yang Penuh dan Sesak. September 2016. https://business-law.binus.ac.id/2016/09/27/
Andi Hamzah (1986) Hukum Pidana dan Acara Pidana, Ghalia Indonesia. Jakarta.
Arif Gosita (1992), Masalah perlindungan Anak, Sinar Grafika, Jakarta
Dikdik. M. Arief Mansur (2007), Urgensi Perlidungan Korban Kejahatan Antara Norma dan Realita PT. Raja Grafindo Persada Jakarta.
Hehanussa. D.J.A & Salamor. Y.B, Membangun Kesadaran Hukum Perempuan Dan Anak Dalam Penanggulangan Tindak Pidana Kekerasan Seksual, Desember 2019.
Marzuki. Peter Mahmud (2005), Penelitian Hukum, Cetakan.6, Kencana Prenada Media Group, Jakarta.
Rika Saraswati (2015). Hukum Perlindungan Anak Di Indonesia, PT Citra Aditya Bakti, Bandung.
Soerjono Soekanto dan Sri Mahmudji (2003), Penelitian Hukum Normatif, Suatu Tinjauan Singkat, Raja Grafindo Persada, Jakarta.
: 721 times
Download : 1583 times
| Dublin Core | PKP Metadata Items | Metadata for this Document | |
| 1. | Title | Title of document | Kompensasi Terhadaap Anak Sebagai Korban Tindak Pidana Perkosaan |
| 2. | Creator | Author's name, affiliation, country | Weny Yorinike Larwuy; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Sherly Adam; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Yonna Beatrix Salamor; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
| 3. | Subject | Discipline(s) | |
| 3. | Subject | Keyword(s) | Compensation; Rape Crime; Child |
| 4. | Description | Abstract | Introduction:Protection for victims of criminal acts can be interpreted as protection to obtain guarantees or legal compensation for the suffering or losses of victims of criminal acts so that they are paid more attention to by the State, one of which is the victims of rape crimes because victims are entitled to compensation provided by the State.Purposes of the Research:This study aims to review and discuss the Mechanism for Providing Compensation to children victims of the Rape Crime and the reasons for the judge so that in his decision compensation for children is handed over to the State treasury.Methods of the Research:The type of research used in this writing is nomative juridical. The problem approach used is the Statutory approach, the conceptual approach and the case approach. Legal materials used primary legal materials and secondary legal materials. The technique of collecting legal materials is carried out by means of literature studies. The management and analysis of materials is analyzed qualitatively.Results of the Research:Based on the results of the study, the compensation mechanism is regulated in Government Regulation No. 44 of 2008 concerning the Provision of Compensation, Restitution, and Legal Assistance to Witnesses and Victims. Compensation must be filed prior to a court decision that does not yet have permanent legal force. The Witness and Victim Protection Agency (LPSK) may apply for compensation to the public prosecutor to be included in criminal prosecutions because the compensation application must be submitted by the victim or the victim's family or their attorneys through the Witness and Victim Protection Agency (LPSK). The judge in his ruling so that the compensation of the child as a victim of the crime of rape is handed over to the State treasury because the child as a victim of a criminal act does not apply for compensation through the Witness and Victim Protection Agency to the Public Prosecutor and proceed to the Court so that in the judgment the rights of the child victim of the rape crime is handed over to the treasury. |
| 5. | Publisher | Organizing agency, location | Faculty of Law, Universitas Pattimura |
| 6. | Contributor | Sponsor(s) | Fakultas Hukum Universitas Pattimura, Ambon |
| 7. | Date | (YYYY-MM-DD) | 2023-04-28 |
| 8. | Type | Status & genre | Peer-reviewed Article |
| 8. | Type | Type | |
| 9. | Format | File format | |
| 10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/sanisa/article/view/1541 |
| 10. | Identifier | Digital Object Identifier | 10.47268/sanisa.v3i1.1541 |
| 11. | Source | Title; vol., no. (year) | SANISA: Jurnal Kreativitas Mahasiswa Hukum; Vol 3, No 1 (2023): Volume 3, Nomor 1, April 2023 |
| 12. | Language | English=en | en |
| 13. | Relation | Supp. Files | |
| 14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
| 15. | Rights | Copyright and permissions | Copyright: Authors who publish their manuscripts in this Journal agree to the following conditions: 1. The copyright in each article belongs to the author, as well as the right to patent. 2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal. 3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.
Licence: SANISA: Jurnal Kreativitas Mahasiswa Hukum is disseminated based on the Creative Commons Attribution-NonCommercial 4.0 International license terms. This license allows anyone to copy and redistribute this material in any form or format, compose, modify, and make derivatives of this material for any purpose. You cannot use this material for commercial purposes. You must specify an appropriate name, include a link to the license, and certify that any changes have been made. You can do this in a way that is appropriate, but does not imply that the licensor supports you or your use.
|
Copyright (c) 2023 Weny Yorinike Larwuy, Sherly Adam, Yonna Beatrix Salamor
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
