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All Journal Ekasakti Journal of law and Justice
Nadilla Rahmawaty Abae
Universitas Pasundan
Law, Crime, Criminology & Criminal Justice

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Legal Considerations of Judges Regarding Criminalization of Sexual Violence by Parents Against Biological Children from the Perspective of Legal Objectives Nadilla Rahmawaty Abae; Gialdah Tapiansari Batubara
Ekasakti Journal of Law and Justice Vol. 4 No. 2 (2026)
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/je067541

Abstract

Sexual violence against children committed by biological parents constitutes a serious crime that not only results in legal consequences but also causes long-term psychological harm. In judicial practice, sentencing tends to focus on imprisonment, while the revocation of parental authority as a protective legal measure is often overlooked. This study aims to analyze judicial considerations based on the old and the new Criminal Code, as well as to identify the gap in the application of guardianship revocation in court decisions. This research employs a normative juridical method with statutory and case-based approaches. The findings indicate that although the new Criminal Code provides a more progressive legal framework, judges have not optimlly exercised their authority to revoke parental rights, thereby potentially maintaining the power imbalance between the offender and the victim. This study emphasizes that the revocation of parental authority should be positioned as a mandatory legal consequence to ensure the best interests of the child.
Co-Authors Gialdah Tapiansari Batubara