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All Journal KRTHA BHAYANGKARA Cerdika: Jurnal Ilmiah Indonesia
Suharto, Andry
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Humanities Economics, Econometrics & Finance Education Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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The Value of Restitution and Diversion in the Law Enforcement of Criminal Sexual Violence Against Children Widyaningrum, Tuti; Suharto, Andry
KRTHA BHAYANGKARA Vol. 18 No. 1 (2024): KRTHA BHAYANGKARA: APRIL 2024
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v18i1.1458

Abstract

The process of shifting the criminal justice system's case resolution process for offenses involving minor sexual assault to an outside location is known as diversion. One kind of diversion is returning money to victims of child sexual abuse; nevertheless, diversion and restitution are typically used less frequently in the criminal justice system. For this study, the following question was posed: Does law enforcement adhere to the juvenile criminal justice system when it comes to enforcing diversion and providing compensation for offenses involving sexual abuse of children? The study's technique is juridical-normative and follows the law. The study's findings show that law enforcement officers at all levels still stray from advised procedures even in the face of attempts to implement diversion within the criminal justice system. In order to make diversion mandatory during police investigations, public prosecutors' prosecutions, and judicial panel trials, rules and regulations that offer legal certainty are required.
EQUALITY OF LEGAL PROTECTION FOR CHILDREN VIS-À-VIS THE LAW IN CASES OF SEXUAL INTERCOURSE AND ABUSE IN THE PERSPECTIVE OF CHILD PROTECTION LAW Suharto, Andry; Widyaningrum, Tuti
Cerdika: Jurnal Ilmiah Indonesia Vol. 4 No. 1 (2024): Cerdika : Jurnal Ilmiah Indonesia
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/cerdika.v4i1.741

Abstract

Child rape is a devastating form of sexual violence. This study aims to investigate and analyze the equality of legal protection for children in cases of sexual relations and abuse, focusing on the perspective of child protection law. This study uses methods that research normative juridical law. The results showed that the established legal law has partially worked for victims of child violence. The study's conclusions address whether the diversion process undertaken by law enforcement authorities in the Juvenile Justice System for adolescents facing legal problems due to allegations of sexual intercourse and/or maltreatment reflects gender non-discrimination.
Co-Authors Widyaningrum, Tuti