Firdon Marpaung
UIN Sulthan Thaha Saifuddin Jambi

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Analysis of the Witness and Victim Protection Institution (LPSK) on Children as Victims of Sexual Violence from a Positive Legal Perspective and Islamic Law Firdon Marpaung; Risnita; Yuliatin
Amorti: Jurnal Studi Islam Interdisipliner Vol. 5 No. 4 Oktober 2026: Amorti: Jurnal Studi Islam Interdisipliner
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/amorti.v5i4.1971

Abstract

The protection of children as victims of sexual violence is a state constitutional obligation requiring comprehensive legal protection. The Witness and Victim Protection Institution (LPSK), established under Law Number 31 of 2014, is mandated to restore victims' rights, yet its assistance is not always available from the outset, as shown by a 2024 child rape case in the Jambi Regional Police jurisdiction handled without LPSK assistance, the problem this study addresses. This study analyzes LPSK's role in protecting children as victims of sexual violence, examines the forms of protection provided, and compares its regulation under positive law and Islamic law. This study uses a normative juridical method with a conceptual approach, statute approach, and case approach, analyzed qualitatively-descriptively. Results show LPSK carries out preventive and repressive protection through eight programs; Jambi Regional Police data recorded 144 protection applications from 2022 to 2025, a declining trend not necessarily reflecting fewer actual cases, while effectiveness remains constrained by limited access to reproductive health services and weak restitution execution. Positive law regulates protection in stages through Law Number 12 of 2022 and Law Number 35 of 2014, while Islamic law situates child protection within maqasid al-sharia, especially hifz al-nafs and hifz al-nasl. Both legal systems, despite differing normative approaches, place children as subjects who must be fully protected.