| dc.description.abstract | Legal protection of child victims of sexual violence from re-victimization
in the criminal justice system in Indonesia. There are 2 research questions used
as the formulation of the problem in this thesis, that is 1). why there is still a revictimization
of child victims of sexual violence in the criminal justice system, 2)
how to prevent re-victimizationof children who are victims of sexual violence in the
criminal justice system in Indonesia. The background of the thesis is the existence
of criminal acts of sexual violence towards children which is increasingly alarming.
The Child Protection Laws, which in fact has not been able to provide protection
for child victims of sexual violence, especially psychological protection. Child
victims of sexual violence who undergo criminal justice processes are still
experiencing re-victimization/secondary victimization when giving their statements
in court, when child victims must remember and retell the chronological of sexual
violence they experienced this is will give psychological trauma which will heal
longer and will certainly affect the future victim's child. The purpose of this study
is to find out why there is still re-victimization of child victims of sexual violence in
the criminal justice system, and to find out how to prevent the re-victimization of
children who are victims of sexual violence in the criminal justice system in
Indonesia.
This legal research uses normative research, with the statue approaches.
The data used in this study secondary data consisting of primary legal materials,
secondary legal materials and tertiary legal materials. The legal materials then
inventoried and analyzed by qualitativly analyzis .
This study found the fact that re-victimization of child victims of sexual
violence still occurred because the criminal justice process for child victims still
refers to the Criminal Procedure Code, the provisions of Clause 58 section (1),
(2) and (3) of Law number 11 of 2012 Concerning The Child Criminal Justice
System only regulates the examination of the child victim when providing
information at the court. To prevent the re-victimization of child victims of sexual
violence in the criminal justice system in Indonesia, a legal policy is needed through
the formation of a law by making changes to the criminal procedure law. Provisions
such as those contained in Law number 11 of 2012 concerning The Child Criminal
Justice System Clause 58 section 3 point a, can be used as a basis for the
investigation of the victim's child since the beginning of the judicial process
electronic recording has been carried out, oath and making of the Diposission, and
can be used as legal evidence in the prosecution and verification process. Thus the
victim's child is giving enough information at the investigation stage. | en_US |
