Legal Protection for Child Defendants in Sexual Violence Cases
), Rahmatullah Ayu Hasmiati(2), Rio Arif Pratama(3)
(1) Faculty of Law, Universitas Muhammadiyah Kalimantan Timur, Samarinda, Indonesia
(2) Faculty of Law, Universitas Muhammadiyah Kalimantan Timur, Samarinda, Indonesia
(3) Faculty of Law, Universitas Muhammadiyah Kalimantan Timur, Samarinda, Indonesia
Corresponding Author
Abstract
Introduction: This research discusses legal protection aimed at child defendants, especially in cases of sexual violence committed against minors. This is based on a case study in Decision Number 13/Pid.Sus-Anak/2023/PNBPP and Decision Number 3/Pid.Sus-Anak/2023/PNBPP.
Purposes of the Research: This research focuses on the stages or steps in the application of the law that protects the rights of child defendants with reference to Law Number 11 of 2012 concerning the Child Criminal Justice System.
Methods of the Research: This research was conducted with a normative method in the form of a case study to evaluate the steps in the judiciary by starting with the arrest, investigation, prosecution, and conclusion with the welfare of children affected by the crime of sexual violence.
Findings of the Research: The results of the study found that, although the criminal threat against perpetrators of sexual violence is quite severe, the implementation of punishment for children of sexual violence still prioritizes the principle of restorative justice, taking into account the psychological and social aspects of children. In both of the decisions analyzed, the child defendant received a prison sentence of different durations, and was required to undergo job training as part of the rehabilitation process. Legal protection for child defendants remains indispensable and plays an important role in guaranteeing the rights of every child as well as providing a deterrent effect in cases of sexual violence.Keywords
DOI
10.47268/tatohi.v5i4.2986
Published
2025-06-30
How To Cite
@article{TATOHI2986,
author = {Akmal Hisyam and Rahmatullah Hasmiati and Rio Pratama},
title = {Legal Protection for Child Defendants in Sexual Violence Cases},
journal = {TATOHI: Jurnal Ilmu Hukum},
volume = {5},
number = {4},
year = {2025},
keywords = {Legal Protection; Sexual Violence; Juvenile Justice System; Restorative Justice.},
abstract = {Introduction: This research discusses legal protection aimed at child defendants, especially in cases of sexual violence committed against minors. This is based on a case study in Decision Number 13/Pid.Sus-Anak/2023/PNBPP and Decision Number 3/Pid.Sus-Anak/2023/PNBPP.Purposes of the Research: This research focuses on the stages or steps in the application of the law that protects the rights of child defendants with reference to Law Number 11 of 2012 concerning the Child Criminal Justice System.Methods of the Research: This research was conducted with a normative method in the form of a case study to evaluate the steps in the judiciary by starting with the arrest, investigation, prosecution, and conclusion with the welfare of children affected by the crime of sexual violence.Findings of the Research: The results of the study found that, although the criminal threat against perpetrators of sexual violence is quite severe, the implementation of punishment for children of sexual violence still prioritizes the principle of restorative justice, taking into account the psychological and social aspects of children. In both of the decisions analyzed, the child defendant received a prison sentence of different durations, and was required to undergo job training as part of the rehabilitation process. Legal protection for child defendants remains indispensable and plays an important role in guaranteeing the rights of every child as well as providing a deterrent effect in cases of sexual violence.},
issn = {2775-619X}, pages = {185--189} doi = {10.47268/tatohi.v5i4.2986},
url = {https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2986}
}
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| Dublin Core | PKP Metadata Items | Metadata for this Document | |
| 1. | Title | Title of document | Legal Protection for Child Defendants in Sexual Violence Cases |
| 2. | Creator | Author's name, affiliation, country | Akmal Hisyam; Faculty of Law, Universitas Muhammadiyah Kalimantan Timur, Samarinda; Indonesia |
| 2. | Creator | Author's name, affiliation, country |
Rahmatullah Ayu Hasmiati; Faculty of Law, Universitas Muhammadiyah Kalimantan Timur, Samarinda; Indonesia |
| 2. | Creator | Author's name, affiliation, country |
Rio Arif Pratama; Faculty of Law, Universitas Muhammadiyah Kalimantan Timur, Samarinda; Indonesia |
| 3. | Subject | Discipline(s) | |
| 3. | Subject | Keyword(s) | Legal Protection; Sexual Violence; Juvenile Justice System; Restorative Justice. |
| 4. | Description | Abstract | Introduction: This research discusses legal protection aimed at child defendants, especially in cases of sexual violence committed against minors. This is based on a case study in Decision Number 13/Pid.Sus-Anak/2023/PNBPP and Decision Number 3/Pid.Sus-Anak/2023/PNBPP.Purposes of the Research: This research focuses on the stages or steps in the application of the law that protects the rights of child defendants with reference to Law Number 11 of 2012 concerning the Child Criminal Justice System.Methods of the Research: This research was conducted with a normative method in the form of a case study to evaluate the steps in the judiciary by starting with the arrest, investigation, prosecution, and conclusion with the welfare of children affected by the crime of sexual violence.Findings of the Research: The results of the study found that, although the criminal threat against perpetrators of sexual violence is quite severe, the implementation of punishment for children of sexual violence still prioritizes the principle of restorative justice, taking into account the psychological and social aspects of children. In both of the decisions analyzed, the child defendant received a prison sentence of different durations, and was required to undergo job training as part of the rehabilitation process. Legal protection for child defendants remains indispensable and plays an important role in guaranteeing the rights of every child as well as providing a deterrent effect in cases of sexual violence. |
| 5. | Publisher | Organizing agency, location | Faculty of Law, Universitas Pattimura |
| 6. | Contributor | Sponsor(s) | Universitas Muhammadiyah Kalimantan Timur |
| 7. | Date | (YYYY-MM-DD) | 2025-06-30 |
| 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/tatohi/article/view/2986 |
| 10. | Identifier | Digital Object Identifier | 10.47268/tatohi.v5i4.2986 |
| 11. | Source | Title; vol., no. (year) | TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 4, June 2025 |
| 12. | Language | English=en | en |
| 13. | Relation | Supp. Files | |
| 14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
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