PERLINDUNGAN ANAK SEBAGAI KORBAN INCEST DALAM PERATURAN PERUNDANG-UNDANGAN DI INDONESIA
Abstrack: One form of the type
of sexual crimes affecting children as victims is that intercourse with someone
who still have blood relations (incest) are usually largely prosecuted are
children. There have been many cases of incest that happens, but very limited
(few) are revealed, because this case is regarded as afamily disgrace. Known to
the general public if the family concerned will causethe embarrassment in
social life society. Therefore incest is very little that is to report to the
authorities. The research objective of this thesis, namely; First, to determine
the legal protection of children as victims of incest in the laws and
regulations in Indonesia. Second, to determine the factors behind the
ineffectiveness of the legal protection of children as victims of incest. This
type of research is the author of normative legal research or known by the term
legal research. From the research, there are two fundamental problems that can
be inferred. First, the legislation was not found understanding of the
biological childvictims. So does this impact the equation of handling specific
to children as victims either from his own family (biological children) with
children outside the family (children of others), which is clearly different
from the psychological impact of the crime of rape victims biological children
(incest). Second, the factors underlying the ineffectiveness of the legal
protection of children as victims of incest is due among other things that the
child victims of incest tend to be not open, family considers the incident is a
disgrace, environmental and social factors which have not the law to
accommodate the interests of victims of incest in maximum. Suggestions Author,
First, the President and Parliament as state officials should undertake legal
reforms, especially those governing sexual crimes in the family (incest), so
that law enforcement and the legal protection do more specialized and specific
in handling cases of incest are clearly distinct from the crime sexual usually.
Secondly, The high crime rate amongst the people especially sexual violence
requires us to perform law enforcement more leverage to perform various
prevention efforts, namely the active dissemination of the impact of sexual violence
to the perpetrator and the victim to similar crimes are not repeated. And is
expected to law enforcement officials, especially judges to be more serious in imposing
legal sanctions on perpetrators of incest.
Penulis: Muhammad Khairul
Kode Jurnal: jphukumdd151315
