Legal Protection for Child Victims of Sexual Violence at the Integrated Service Center for the Empowerment of Women and Children (P2TP2A) in Cirebon City

Sugiono Sugiono, Bambang Tri Bawono

Abstract


Abstract. The attention of the Indonesian state towards children and the handling of children's problems is indeed very clear. This can be seen in the constitutional basis as stated in the 1945 Constitution. Then other regulations were born as a form of concern for children. Among them; Law No. 35 of 2014 concerning amendments to Law No. 23 of 2002 concerning child protection, which emphasizes the need for increased criminal sanctions and fines for perpetrators of crimes against children, especially sexual crimes, which aim to provide a deterrent effect, as well as encourage concrete steps to restore the physical, psychological and social health of children. To compensate for the suffering caused by sexual violence, the government has issued a policy for children who are victims of sexual violence as regulated in Government Regulation Number 43 of 2017 concerning the Implementation of Restitution for Children Who Are Victims of Criminal Acts. In addition, more specifically through the Regulation of the Minister of Women's Empowerment and Child Protection Number 1 of 2010 concerning Minimum Service Standards for Integrated Services for Women and Children Victims of Violence, which states that local governments are responsible for providing services and facilities for women and children who are victims of violence. As a manifestation of this regulation, each region has the authority and responsibility to provide facilities and services for victims of sexual violence. Sexual violence that occurs in Cirebon City, West Java is currently very horrific, according to the National Commission for Child Protection, Cirebon City is now in an emergency for sexual crimes against children. With the series and high number of sexual crimes in the Cirebon area, it is not an exaggeration if Cirebon is included in the category of emergency for sexual crimes against children after Bekasi and Tangerang.


Keywords


Keywords: Child; Protection; Sexual; Victims.

Full Text:

PDF

References


Journals:

Alvianto RV Ransun. Mechanism of Compensation and Restitution for Victims of Criminal Acts. Lex Crimen Vol.I/No.1/Jan-Mrt/2012. Sam Ratulangi University, Manado, 2012,

Auliya Hamida and Joko Setiyono, “Critical Analysis of Protection of Child Victims of Domestic Violence: Comparative Legal Study”, Indonesian Legal Development Journal, Volume 4, Number 1, 2022,

Herli Antoni, Asmak Ul Hosnah and Angelica Clara Anaztasia Simanjuntak, “Legal Protection for Victims of Sexual Violence against Children Based on Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence”, Logika, Vol. 15, No. 2, 2024,

Jen Merlin Tukly, Hadibah Zachra Wadjo and Iqbal Taufik, “Legal Protection for Children as Victims of Violence”, Pattimura Law Study Review, Volume 1, Number 1, 2023,

Maria Advianti, KPAI: Perpetrators of Violence Against Children Increase Every Year, Accessed Through www. KPAI.go.id, On May 12, 2018. See also: Margaretha, Rahmaniar Nuringtyas, and Rani Rachim, Childhood Trauma and Violence in Intimate Relationships, Makara Social Humaniora Series, 2013,

Muhammad Fachri Said, “Legal Protection for Children in the Perspective of Human Rights”, Jurnal Cendekia Hukum, Vol. 4, No. 1, 2018,

Ni Made Darmakanti, Ni Putu Rai Yuliartini and Dewa Gede Sudika Mangku, “Implementation of Legal Protection for Child Victims of Sexual Violence in Singaraja City”, Yustisia, Volume 5, Number 2, 2022,

Tegar Sukma Wahyudi and Toto Kushartono, “Legal Protection of the Rights of Children Who Are Victims of Domestic Violence in Connection with Law Number 35 of 2014 Concerning Amendments to Law Number 23 of 2002 Concerning Child Protection”, Journal of Legal Dialectics, Vol. 2, No. 1, 2020,

Wakhid Rendy Saputro and Ira Alia Maerani, “Legal Protection for Child Victims of Sexual Violence at the Semarang Police”, Proceedings of the UNISSULA STUDENT SCIENTIFIC CONSTELLATION (KIMU) 5 Sultan Agung Islamic University Semarang, March 23, 2021,

Books:

Barda Nawawi Arief, Problems of Law Enforcement and Criminal Law Regulation in Combating Crime, Jakarta, Prenada Media Group, 2007,

Bryan A Graner. Black's Law Dictionary Eighth Edition.St. Paul. West Thomson, 2004. p. 1446

Era.id, Causes of Conflict in Prisons, Capacity and Competition for Facilities, Accessed on May 12, 2018.

In accordance with the principle of equality before the law, as emphasized in Article 28 D paragraph 1 which reads: "Everyone has the right to recognition, guarantees, protection and certainty of fair law and equal treatment before the law"

International provisions that provide guarantees for the rights of victims, including guarantees for the absence of discrimination, guarantees for equality before the law and guarantees for respect for human dignity as also guaranteed by the 1945 Constitution, for example: Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law

Jean Jacques Rousseau is the initiator of the social contract theory, in Rousseau's teachings on society and the state there is a conflict. On the one hand, the freedom of each individual is emphasized, on the other hand, the power of the state is emphasized. This last thing hapens, because according to Rousseau, it is in the state that the general will (volonte generale) is realized, namely the will of the people themselves which must not be violated. In the name of the general will, individual rights are sacrificed. See in Theo Huijbers, Philosophy of Law in the Trajectory of History, Yogyakarta, Kanisius, 1992,

Johnny Ibrahim, Normative Legal Research Theory & Methodology, Bayumedia Publishing, Malang, 2013,

Lawrence M Friedman, The Legal System, A Social Science Perspective, Russell Sage Foundation, New York, 1975,

Mardjono Reksodiputro, Human Rights in the Criminal Justice System: Third Book Collection, Center for Justice Services and Legal Service, University of Indonesia, 1994,

Muladi, Human Rights, Politics and the Criminal Justice System, Semarang, BP Undip, 1997,

National Commission on Violence Against Women, Annual Report on Violence Against Women, Violence on the Rise: Policy on the Elimination of Sexual Violence to Build a Safe Space for Women and Girls, (Jakarta: National Commission on Violence Against Women, 2020),

Philip M. Hadjon Legal Protection for the People, Dissertation, Airlangga University, Surabaya, 1987,

Restitution is the restoration of the rights of victims of a criminal act in society. Galeway stated that the purpose of restitution is to restore the losses suffered by the victim due to a criminal act, namely by providing apropriate sanctions to the convict and preventing retaliation against the victim. In Indonesia, the restitution system adopted is a procedural rights aproach system, this is clearly seen in Law Number 31 of 2016 and Government Regulation Number 44 of 2008. The weakness of this restitution system is that the legal rights of the victim are difficult to determine due to the unclear separation between the victim's personal interests and the public interest, and the next weakness is that the restitution system adopted in Indonesia tends to be easy to abuse. See: Ahmad Sofyan, Granting Restitution to Victims of Criminal Acts in the Indonesian Criminal Justice System, Accessed Through business-law.binus.ac.id, On May 12, 2018.

Rocky Marbun. Smart and Tactical in Facing Legal Cases. (Jakarta: Visi Media, 2010,

Romli Atmasasmita, Writing a Scientific Paper on the Problem of Compensation for Victims of Criminal Acts, National Legal Development Agency, Department of Justice, Jakarta, 1992,

Satjipto Rahardjo, Legal Science, Citra Aditya Bakti, Bandung, 2012,

Soedikno Mertokusumo, Understanding the Law (An Introduction), Liberty, Yogyakarta. 1997.

Yulia, Rena. Victimology of legal protection for victims of crime. Yogyakarta: Graha Ilmu, 2010,

Internet:

Ahmad Usman, Prison = Place of “Repentance” or Rather “School of Crime”, Accessed via inipasti.com, on May 12, 2018.

https://kicaunews.com/2019/09/10/komnas-perlindungan-anak-Cirebon-darurat-kekerasanterhadap-anak/, accessed Wednesday, April 1, 2020 at 01.00

https://www.kemenppa.go.id/index.php/page/glosary/21/p accessed Wednesday, April 1, 2020 at 20.00

https://www.kemenppa.go.id/index.php/page/view/58 accessed Thursday, April 2, 2020 at 07.00

https://www.researchgate.net/publication/327507738_legal_protection_efforts_for_child_victims_of_sexual_violence accessed Wednesday, April 1, 2020 15.00

Regulation:

Article 1 number 6 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.

Article 58 paragraph (1) of Law Number 11 of 2012 concerning SPA.

Article 89 of Law Number 11 of 2012 concerning SPA.

Article 91 paragraph (2) of Law Number 11 of 2012 concerning SPA.

Article 91 paragraph (4) of Law Number 11 of 2012 concerning SPA.

Interview:

Interview with Raya Siti Nuryani as Chair of the Cirebon City Child Protection Commission, May 14, 2025.




DOI: http://dx.doi.org/10.30659/jhku.v20i2.46226

Refbacks

  • There are currently no refbacks.


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.

Jurnal Hukum Khairu Ummah Indexed by :

google_scholar
Jurnal Hukum Khaira Ummah
   
Faculty of LawUnissulaCopyright of Jurnal Hukum Khaira Ummah
Jalan Kaligawe Raya KM.4, Terboyo Kulon, Genuk,

ISSN ( 1907-3119 )

e-ISSN ( 2988-3334 )

Semarang, Central Java, Indonesia, 50112