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All Journal JUDGE: Jurnal Hukum
Asri Vivi Yanti Sinurat
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Law, Crime, Criminology & Criminal Justice

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Kekerasan Seksual terhadap Anak sebagai Extraordinary Crime: Kajian Kriminologis, Evaluasi Efektivitas Kebijakan Hukum Pidana Berbasis Perlindungan Anak, dan Identifikasi Kesenjangan Implementasi Regulasi di Indonesia Sarifah Leqsha; Asri Vivi Yanti Sinurat; Junaidi Sholat; Silvi Aulia
Judge : Jurnal Hukum Vol. 6 No. 02 (2025): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v6i02.2060

Abstract

Sexual violence against children constitutes a serious crime with multidimensional and long-term impacts, thereby justifying its classification as an extraordinary crime. This crime not only violates children’s human rights but also threatens the quality of human resources and the sustainability of national development. From a criminological perspective, sexual violence against children is influenced by unequal power relations, social environmental factors, and weaknesses in prevention systems and law enforcement. Indonesia has enacted various criminal law instruments and child protection policies, including Law Number 35 of 2014 on Child Protection and Law Number 12 of 2022 on Sexual Violence Crimes. Nevertheless, the persistently high incidence of sexual violence against children indicates problems related to policy effectiveness and gaps in regulatory implementation at the practical level. This study aims to analyze sexual violence against children as an extraordinary crime from a criminological perspective, to evaluate the effectiveness of child protection–based criminal law policies, and to identify gaps between the normative legal framework and regulatory implementation in Indonesia. The research employs normative legal research using statutory, conceptual, and criminological approaches. The findings reveal that, normatively, criminal law policies have recognized sexual violence against children as a serious crime through the imposition of severe criminal sanctions and the adoption of a victim protection approach. However, in practice, various obstacles remain, including weak inter-agency coordination, limited human resources, insufficient trauma-based recovery services, and a legal culture that has not fully sided with victims. Therefore, strengthening more integrated, victim-oriented, and child-sensitive policies is necessary to bridge the gap between normative law and the realities of law enforcement..
Efektivitas Kebijakan Perlindungan Anak terhadap Kasus Kekerasan Seksual Studi Tentang Pemenuhan Hak dan Pemulihan Anak Sebagai Korban Nadaa Nurfazrina Kurniawan Saragih; Asri Vivi Yanti Sinurat; Karina Putri Maharani
Judge : Jurnal Hukum Vol. 6 No. 02 (2025): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v6i02.2061

Abstract

Sexual violence against children constitutes one of the most serious and complex violations of human rights, as it affects not only individual victims but also broader social and economic structures. Child victims of sexual violence face a high risk of experiencing long-term physical, psychological, and social harm, which underscores the state’s obligation to ensure effective and sustainable protection, the fulfillment of children’s rights, and recovery mechanisms. In the Indonesian context, various child protection policies have been formulated, including Law Number 35 of 2014 as an amendment to Law Number 23 of 2002 on Child Protection, which aims to prevent, address, and facilitate the recovery of child victims of sexual violence. Nevertheless, the effectiveness of these policies in practice continues to face significant challenges and therefore requires comprehensive evaluation (Nova and Elda, 2024).This study aims to analyze the effectiveness of child protection policies in addressing cases of sexual violence against children, with a particular focus on the fulfillment of victims’ rights and recovery processes. The study employs a mixed-methods approach by integrating qualitative and quantitative methods. Data were collected through questionnaires, in-depth interviews, and document analysis involving child victims, family members, as well as law enforcement officers and child protection practitioners. The findings indicate that child protection policies are relatively effective in ensuring the fulfillment of basic rights of child victims, such as legal protection and assistance.
Perlindungan Anak Yang Terlantar atau Beresiko Dari Kekerasan Seksual Ayang Audita Siregar; Asri Vivi Yanti Sinurat; Hikmat Syahputra Tarigan; Ari Dermawan; Dhiny Safryda Rawy
Judge : Jurnal Hukum Vol. 6 No. 01 (2025): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v6i03.2062

Abstract

This study applies a normative juridical legal approach. In Indonesia, cases of violence against children often occur, such as abuse and sexual harassment. This situation of course creates difficulties because it can damage the mental condition of the child. Of the various types of sexual harassment and abuse, the greatest impact occurs on the mental and emotional damage of the child victims. Sexual abuse of children is an example of a human rights (HAM) violation, particularly concerning children's rights (right of child). Up to now, many regulations have been created to protect children from acts of sexual violence.
Co-Authors Ari Dermawan Ayang Audita Siregar Dhiny Safryda Rawy Hikmat Syahputra Tarigan Junaidi Sholat Karina Putri Maharani Nadaa Nurfazrina Kurniawan Saragih Sarifah Leqsha Silvi Aulia