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All Journal Al-Ahwal: Jurnal Hukum Keluarga Islam El-Mashlahah Tribakti: jurnal pemikiran keIslaman JURIS (Jurnal Ilmiah Syariah) Jurnal Riset Indragiri Edudeena : Journal of Islamic Religious Education Alhikam Journal of Multidisciplinary Islamic Education (AJMIE) Tribakti: Jurnal Pemikiran Keislaman Mitsaq : Islamic Family Law Journal Legitima : Jurnal Hukum Keluarga Islam
Fakhria, Sheila
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemistry Economics, Econometrics & Finance Education Engineering Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Jurnal Riset Indragiri

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GANTI KERUGIAN TERHADAP ANAK KORBAN TINDAK PIDANA PENCABULAN Wahyudi; Fakhria, Sheila
JURNAL RISET INDRAGIRI Vol 2 No 3 (2023): November
Publisher : Lembaga Marwah Rakyat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61069/juri.v12i3.60

Abstract

Regulations in force in Indonesia have protected the rights of child victims of abuse. However, law enforcement officials often believe that punishing perpetrators with criminal penalties is the best approach to help victims and not by violating victims' rights, especially the right to compensation. Normative legal research methods were used in this study with a normative juridical approach and qualitative descriptive data analysis. The results showed that compensation for child victims of abuse was paid procedurally. Therefore, the provision of compensation is difficult because it requires the request of victims which is considered to have come first. The lack of support from the community and victims' legal representatives is a challenge for the Witness and Victim Protection Agency in assisting child molesters to get compensation. The right to redress has not been effective due to a lack of support from human resources, especially psychologists, in assisting victims of sexual violence and law enforcement officials. The lack of coercive action against perpetrators of sexual violence regarding the payment of compensation decided by the court, and the provision of compensation depending on the good intentions of the perpetrators, presents challenges for law enforcement officials in carrying out compensation to victims of sexual violence. In addition, it must be requested first and the court has the authority to reject the request for compensation of the child victim, then this right is not fundamental. Restitution cannot be considered a right, because if it is, it must be granted automatically
Co-Authors Ahmad Wahidi Dina Ameliana Hariyanti, Alkhusna Heni Pujiastuti Husnul Khotimah Khaiyyil Faizunan Nurun Nafi Ma’mun, Mohamad Mochammad Agus Rachmatulloh Moh. Hendy Musthofa Mukminin, Umil Mustofa, Kholifatun Nur Nainin, Dasrizal Marah Quintana, Milla Khumayla Siti Marpuah, Siti Tauziri, Yusup Wahyudi Wahyudi