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Antonius PS Wibowo
Unika ATMA JAYA, Jakarta
Law, Crime, Criminology & Criminal Justice

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LEGISLATIVE MEASURES TO PREVENT AND COMBAT SEXUAL VIOLENCE AGAINST CHILD: NATIONAL AND INTERNATIONAL PERSPECTIVE Antonius PS Wibowo
International Conference On Law, Business and Governance (ICon-LBG) 2016: 3th IConLBG
Publisher : UBL

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Abstract

Legislative measures is one of some measures commonly used as internationally accepted on the logical framework to ensure that implementation of the international convention at the States parties to its international convention will become appropriate. In context of implementation of the Convention on the Rights of the Child, legislative measures should be afforded by an administrative and other measures that include among others: decentralisation, federalisation and delegation; training and capacity-building; visible in budgets. Legislative measures means an active measure taken by the government and parliament to apply the best interests principle by systematically considering on the how children’s rights and interests will be affected by their actions. This may a proposal of the new law which is directly concerned with children, including those which are not directly concerned with children, but indirectly affect children. Realisation of legislative measures and administrative and other measures will assure that implementation of the international convention will become appropriate and gives an envisaged impact.Ministerial of Women Empowerment and Child Protection has applied a holistic approach to developt a child protection system. This approach consists of some elements and one of them is regulatory and policy framework (Kerangka Hukum dan Kebijakan). This is actually a legislative measures based on internationally accepted on the logical framework.Legislative measures to prevent and combat sexual violence against child consists of a proposal of the new law which is directly concerned with children, including those which are not directly concerned with children, but indirectly affect children. The first one is debate on the propose of national law on the chemical castration=hukum kebiri dengan disuntik. This is a measure to combat sexual violence against child. The second one is debate on the necessity of controling of the internet shop operation (warung internet), the necessity of proposal or implementation of law on control of liquor and alcoholic (Undang-undang tentang Pengendalian Minuman Keras dan Beralkohol) at the local/regional level (regional law/Peraturan Daerah), and the necessity of amendment and implementation of the Law on the Media (Undang-undang tentang Pers=UU Nomor 40 Tahun 1999), in particular the prohibition of publication of sadistic criminal action. These are measures to prevent sexual violence against child.
Urgently of Harmonization of National Legislation on Juvenile Criminal Justice Towards International Standards: A Review of Rules of Deprivation of Liberty of Child Offender Antonius Ps Wibowo
International Conference On Law, Business and Governance (ICon-LBG) Vol 1 (2013): 1st ICon-LBG
Publisher : UBL

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As a State Party to the Convention on the Rights of the Child (hereinafter: the CRCConvention), Indonesia is obliged to implement fully the Convention. For this purpose, Indonesiahas to undertake some measures, among others to undertake all appropriate legislative measuresfor the implementation of the rights recognized in the Convention. Legislative measures in thisregard include harmonization national legislation towards international standards.This paper aims to examine one problem, namely why harmonization of national legislationconcerning deprivation of liberty of child offender to international standards is urgent. This willbe answered by pointing out discrepancies between national legislation and internationalstandards based primarily on legal document analysis.Refer to the analysis, first reason for doing harmonization is current national legislation stilldiffers greatly from the CRC Convention. At one side, according to the CRC Convention, ruleson deprivation of liberty are: (1) deprivation of liberty shall be used only as a measure of lastresort; (2) deprivation of liberty shall be used for the shortest appropriate period of time; (3)States Parties ensure by strict legal provisions that legality of deprivation of liberty is reviewedregularly. At the other side, according to national legislation, especially Act no. 3 of 1997, ruleson deprivation of liberty are: (1) deprivation of liberty, includes pre-trial detention is possiblewhen a child has committed an offense punishable by a minimum sentence of five yearsimprisonment; (2) the maximum duration of deprivation of liberty is 175 days; (3) there is noprovision on reviewing regularly of deprivation of liberty.Second reason is Act no. 11 of 2012 that will eliminate Act no. 3 of 1997 and enter in to forceat July 2014 does also not conform to the CRC Convention. According to Act no. 11 of 2012,rules on deprivation of liberty are: (1) deprivation of liberty will not be used if child offenderguaranteed by parents or other relevant institution; (2) deprivation of liberty is unavoidable incase child offender has committed an offense punishable by a minimum sentence of seven yearsimprisonment and child has attained fourteen years old; (3) there is no provision on reviewingregularly of deprivation of liberty.Recommendation that should be carried out is to amend urgently the Act no. 11 of 2012 inlight of the CRC Convention
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