The Crime of Sexual Harassment of Children Who Have a Mental Disorder
DOI:
https://doi.org/10.31941/pj.v22i2.2405Abstract
This paper aims to discuss efforts in realizing justice and law enforcement against sexual crimes against children with mental disorders. The subjects and data taken in this paper are sexual cases that occurred in the Kampar Regency, Riau Province. The research method used in this paper is normative law using a case approach and a law approach, as well as using primary legal materials and secondary legal materials. The results of this study indicate that in Kampar Regency, Riau Province, there were 69 health cases in 2018 and 60 cases in 2019. Based on these cases, an effort is needed to achieve justice for victims by providing protection. for victims and perpetrated perpetrators of sexual crimes. These actions can be in the form of preventive measures or preventing crime from happening as well as repressive measures or actions that punish the perpetrators and provide a sense of security to the victims of sexual cases. The conclusion obtained from this study is that protection for victims who are children from sexual intercourse is an important thing that must be supported in order to create a sense of security for them to grow and develop.Downloads
References
Book
Franzen, Axel, and Sebastian Mader, 2021, “Environmental Behavior: Measurement Approaches and Determining Factors.” in the Research Handbook on Environmental Sociology. Edward Elgar Publishing.
National Commission Against Violence Against Women, 2022, Shadows of Stagnancy: The Power of Prevention and Handling Compared to the Increase in the Number, Variety and Complexity of Gender-Based Violence against Women, Annual Note on Violence Against Women 2021, Jakarta.
Muhaimin, 2020, Legal Research Methods. 1 ed, Mataram University Press, Mataram
Journal Articles
Cahyani, Yulianti Ningsih, Alfa Galih Verdiantoro, and Uma Febriyanti. “Legal Protection for Victims of Sexual Violence of the Deaf in the Perspective of Criminal Law.” Pulpit of Justice 13, no. 2 (2020): 218–28.
Chairir, Mega Fadhillah, and Hana Faridah. "Performances Of Sexual Violence Against Children In Mass Media As A Manifestation of impartiality of the victim." JUSTITIA : Journal of Law and Humanities 8, no. 6 (2021): 1809–17.
Ezekiel, Mangi J., Felix Kisanga, Idda H. Mosha, Amani Anaeli, Switbert R. Kamazima, Rose Mpembeni, and Eustace P. Muhondwa. “Factors Associated with Child Sexual Abuse in Tanzania: A Qualitative Study.” Tanzania Journal of Health Research 19, no. 2 (27 March 2017). https://doi.org/10.4314/thrb.v19i2.9.
Franzen, Axel, and Sebastian Mader, ed. “Environmental Behavior: Measurement Approaches and Determining Factors.” In the Research Handbook on Environmental Sociology. Edward Elgar Publishing, 2021. https://doi.org/10.4337/9781800370456.00017.
Gupta, Shalini and Dr. Seema Garg. “Causes and Effects of Child Sexual Abuse.” International Journal of Innovative Science and Research Technology 5, no. 5 (6 June 2020): 1867–70. https://doi.org/10.38124/IJISRT20MAY650.
Hestiningsih, Wilis, and Riky Novarizal. "Efforts in Handling Victims of Sexual Violence in Children (Study at the Office of Women's Empowerment, Child Protection and Population Control in Family Planning in Pelalawan Regency)." THE OTHER SIDE OF REALITY 5, no. 2 (2020): 19–33. https://doi.org/10.25299/sisilainreita.2020.vol5(2).7629.
National Commission Against Violence Against Women. “Shadows of Stagnancy: The Power of Prevention and Response against the Increasing Number, Variety and Complexity of Gender-Based Violence against Women.” Annual Notes on Violence against Women in 2021. Jakarta: Komnas Perempuan, 2022.
Muhaimin. Legal Research Methods. 1 ed. Mataram: Mataram University Press, 2020. http://www.uptpress.unram.ac.id/.
Octaviana, Setyarini Nur. “Child Sexual Abuse in Indonesia: History and Challenge in Legal Perspective.” IJCLS (Indonesian Journal of Criminal Law Studies) 4, no. 1 (29 May 2019): 83–92. https://doi.org/10.15294/ijcls.v4i1.19613.
Paradiaz, Rosania, and Eko Soponyono. “Legal Protection Against Victims of Sexual Harassment.” Indonesian Journal of Legal Development 4, no. 1 (January 2022): 12.
Parliansyah, Dandi, Boy Arisandy, and Bintang Maha Poetra. “Sexual Violence Against Minors.” SANCTIONS 2022 (National Seminar on Law, Social and Economics) 1, no. 1 (2022): 368–75.
Purwanti, Ani, and Rian Prabowo. “Women Rights Fulfillment As The Victim Of Gross Human Rights Violation: Urgency For The Sexual Violence Eradication Bill.” Indonesia Law Review 8, no. 3 (31 December 2018). https://doi.org/10.15742/ilrev.v8n3.509.
Sari, Nadila Purnama, Anak Agung Sagung Laksmi Dewi, and Luh Putu Suryani. “Legal Protection for Children with Disabilities as Victims of Sexual Violence.” Journal of Legal Preference 2, no. 2 (30 June 2021): 359–64. https://doi.org/10.22225/jph.2.2.3338.359-364.
Susanti, Heni, and Ferry Adi Fransista. "Dissenting Opinion in Determining Child Age Limits." Judicial Journal 12, no. 3 (2019): 345–61. https://doi.org/10.29123/jy.v12i3.325.
Susanti, Heni, and Wira Atma Hajri. “Legal Protection Of Women Victims Of Trafficking In Persons Experienced Sexual Violence And Harassment.” Codification 2, no. 1 (2020).
Tamara, Andini L, and Winarno Budyatmojo. "A Study Of Criminology Against Sexual Harassment Permitted By Women Against Men." Recidive 5 (2016): 20.
Yie, Choo Eern, and Nicole Tham Seow Ping. “Sexual Harassment in Workplace: A Literature Review.” The International Journal of Humanities & Social Studies 9, no. 8 (31 August 2021). https://doi.org/10.24940/theijhss/2021/v9/i8/HS2108-023.
Yuniyanti, Erny, Ari Yuniastuti, and Sri Ratna Rahayu. “Analysis of Factors Affecting The Incidence of Sexual Violence toward Children at Semarang City Integrated Service Center.” Public Health Perspectives Journal 5, no. 3 (2020): 242–50.
Legislation
Law Number 39 of 1999 concerning Human Rights, State Gazette of the Republic of Indonesia of 1999, Supplement to the State Gazette of the Republic of Indonesia Number 3886.
Law Number 26 of 2000 concerning the Court of Human Rights, State Gazette of the Republic of Indonesia of 2000, Supplement to the State Gazette of the Republic of Indonesia Number 4026.
Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, State Gazette of the Republic of Indonesia of 2012, Supplement to the State Gazette of the Republic of Indonesia Number 5332.
Law Number 35 of 2014 concerning Child Protection, State Gazette of the Republic of Indonesia of 2014, Supplement to the State Gazette of the Republic of Indonesia Number 5606.
Law Number 12 of 2022 concerning the Crime of Sexual Violence, State Gazette of the Republic of Indonesia of 2022, Supplement to the State Gazette of the Republic of Indonesia Number 6792
Downloads
Published
Issue
Section
License
Copyright (c) 2023 Wahyu Kurniawan, Heni Susanti
This work is licensed under a Creative Commons Attribution 4.0 International License.
