IMPLEMENTATION OF LEGAL PROTECTION OF CHILD VICTIMS AGAINST CRIMINAL ACTS OF SEXUAL VIOLENCE BASED ON JUSTICE (Study Decision: Number 396/Pid.Sus/2023/PN Mtr)

Abstract

The aim of this research is to determine the implementation of legal protection for child victims against criminal acts of sexual violence and to analyze the ideal arrangements for justice-based legal protection for child victims against criminal acts of sexual violence. The approach method used in preparing the thesis is sociological juridical research. Implementation of legal protection for child victims against criminal acts of sexual violence in the Decision: Number 396/Pid.Sus/2023/PN Mtr, where Defendant A was sentenced to imprisonment for 15 (fifteen) years, and a fine of one billion rupiah, subsidiary 6 (six ) month of confinement. In this decision the judge did not impose a restitution sentence but rather a fine, of course this was not fair to the victim. The implementation of providing restitution to child victims of sexual violence arises if the perpetrator comes from an underprivileged background. When the perpetrator is unable to pay compensation, various obstacles arise in the process of fulfilling the victim's rights. As a result, the victim cannot receive the stipulated compensation. In this case, the state needs to be present to ensure that the victims' rights are protected. This can be done by establishing a special fund provided by the government or state institutions to provide compensation to victims of sexual violence. These funds can be used to cover costs that the perpetrator cannot afford, so that the victim still gets restitution in accordance with the court decision.