Komang Suartana
Faculty of Law and Social Science Undiknas University

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LEGAL PROTECTION AGAINST CHILDREN VICTIMS OF SEXUAL VIOLENCE IN THE DIRECTORATE GENERAL CRIMINAL AGENCY-POLDA BALI Komang Suartana; I Made Wirya Darma
Kertha Semaya : Journal Ilmu Hukum Vol 8 No 12 (2020)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (183.723 KB) | DOI: 10.24843/KS.2020.v08.i12.p13

Abstract

This study aims to analyze the legal protection provided for children as a victim of sexual violence at the Bali Regional General Criminal Investigation Directorate and any legal action could be taken if the legal protection for child victims is not implemented. This is an empirical juridical legal study. The results show that the legal protection provided to children as a victim of sexual violence includes the humane treatment of children following the dignity and rights of the child, the provision of special assistants for children from an early age from Social Service Workers and others. The legal action is taken if the legal protection over the child victims is in the investigation stage, the victim feels that he has not received any legal service or protection from the investigator in terms of the rights of the child as a victim and his family can report to his superiors so that the investigator’s performance can be evaluated to provide a maximal legal service and protection for the child.
Legal Protection for Child Kidnapping Victims: Case Study in Gianyar District Court Komang Suartana; I Made Wirya Darma
Kertha Patrika Vol 42 No 3 (2020)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2020.v42.i03.p07

Abstract

This article aims to analyze how the crime of child kidnapping is covered in the Indonesian Criminal Code and the type of sanctions that can be imposed on the perpetrator of the crime of child kidnapping. It is a legal research that uses statutory, conceptual, and case approaches in discussing the legal protection of child kidnapping victims. In order to illustrate how the law that protects the victim of child kidnapping is applied by the court, it presents a case study at the Gianyar District Court that investigated a criminal offense of child kidnapping in 2018. The results reveal that the Indonesian Criminal Code classifies child kidnapping as a crime that is punishable as stipulated in Article 330 of the Code. In a more specific context, Law of the Republic of Indonesia Number 35 of 2014 concerning Amendments to Law Number 22 of 2003 concerning Child Protection includes child kidnapping as a case that needs to be given special protection A case study regarding the imposing of sanctions on the perpetrator of child kidnapping can be seen in a criminal case before the District Court of Gianyar in 2018. In the judgment, the panel of judges imposing a sentence against the defendant in the form of imprisonment of 8 (eight) years in prison and a fine of Rp. 60,000,000 (sixty million rupiah) subsidiary 6 (six) months in prison;