Effectiveness of Legal Protection For Children As Witnesses In Cases of Sexual Violence (Case Study of Pati Police)

Abstract

This study aims to identify and analyze the regulations on the protection of children as witnesses in cases of sexual violence in Pati Regency. It also aims to identify and analyze weaknesses and solutions in the implementation of child protection as witnesses in cases of sexual violence in Pati Regency. The type of legal research used is empirical juridical. In this non-doctrinal legal research, law is conceptualized sociologically as an empirical phenomenon that can be observed in life. Substantively, law is seen as a social force that is empirical in nature, but which is seen legally and works for the actual behavior of citizens. The research theories used are Socrates' Theory of Legal Protection, Lawrence M. Friedman's Theory of Legal Systems, and Satjipto Rahardjo's Progressive Theory of Law.           Based on the research results, it is known that the protection of children as witnesses in cases of sexual violence in Pati Regency has been regulated by law, but many children still become victims of threats during the legal process, as stated by the Director of the National Advocacy Legal Aid Institute Pati, Maskuri Alfaty. The weaknesses of this protection include the inability of Law Number 31 of 2014 concerning Witness and Victim Protection to act without a complaint, the lack of sensitivity of law enforcement officers to the emotional needs of children, inadequate child-friendly courtroom facilities, and a lack of public understanding of children's rights and witness protection mechanisms. Suggested solutions include the creation of specific guidelines for law enforcement officers, the use of technology to reduce the physical presence of children in court, and guarantees of confidentiality of children's identities. Going forward, the effectiveness of legal protection needs to be directed at reforming the legal system that is oriented towards humanity and substantive justice, where law enforcement officers prioritize the values of empathy and the best interests of children.