LEGAL PROTECTION POLICY FOR CHILDREN AS RAPE VICTIM IN GETTING REHABILITATION SERVICES
ABSTRACT: This study focused
on identifying the rules or norms of positive law, relating to Article 64
paragraph (3) letter a of Law No.23 of 2002 carried through rehabilitation efforts, both within the
institution and outside the institution. Background inequity of treatment
between the rights of offenders and the rights of victims in the criminal
justice system. positive in criminal law today is more emphasis on the
protection of nonphysical rehabilitation of mental disorder be done "in
abstracto" or indirectly berdasakan legal system in Indonesia embraces the
Civil Law system, which is based on the written law (written law) and poured as
much as possible the norm to the rule of law. Special protection policy that
ensures the future of the child victims of crime, in Article 64 paragraph (3)
letter a of Law No.23 of 2002, it is necessary written law. Indonesia's civil
law system adopted should be clearly mentioned and detailed in order to ensure
legal certainty in providing maintenance support services and child care,
medical, health care and physical rehabilitation of child psychology. Through the
decision of the judge in imposing its
decision based on the principles of organization of the judiciary, in article
2, paragraph (2) No. 48 Year 2009, the Court declared the state to implement
and enforce the law and justice based on Pancasila, to implement the provisions
of Article 64 paragraph (3) letter a of Law no. 23 of 2002.
Author: Antory Royan Adyan
Journal Code: jphukumgg130044
