International Journal of Law

International Journal of Law

ISSN: 2455-2194

Vol. 6, Issue 1 (2020)

Compensation and restitution principles of child sexual crime victims based on justice value

Author(s): Fatin Hamamah, Teguh Prasetyo, Anis Mashdurohatun
Abstract: In the body of the Indonesia's 1945 Constitution the Second Amendment, Article 28-C paragraph (2) states that every child has the right to develop themselves through meeting his basic needs. One of the problems that still often occurs is sexual crimes against children. In addition to violating the rights of children, the existence of child sexual victims can also have a devastating effect on the child itself both psychologically and physically, even fearing it could disrupt the future of children who should have a better life. Revamping the condition of victims of sexual crimes against children is a necessity especially for the Indonesian people. Victims of sexual crimes against children must receive the full attention of the government and need to be made one of the development priorities. The research paradigm is a framework of thinking that explains how researchers view the facts of social life and researchers' treatment of science or theory. In this paper using the constructivism paradigm. In this study, researchers used three approaches, namely: Conceptual Approach (Conceptual Approach), Statutory Approach, statutory approach carried out by examining all regulations relating to the legal issues being handled. The legislation approach in normative legal research with descriptive analytical data analysis. The results showed that the principle of regulating compensation and restitution of victims of criminal acts in Indonesia's positive law in the Criminal Code and Criminal Procedure Code is very simple and partial in that the victim is only entitled to compensation, then in the Witness and Victim Protection Act (UU PSK), the rights to develop very broadly. However, the implementation of the protection of victims' rights in the CSWs Act is experiencing problems due to LPSK's own limitations. Furthermore, Government Regulation (PP) Number 7 of 2018 in terms of implementation needs to be further studied, because PP Number 7 of 2018.
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