Ekasakti Journal of law and Justice
Vol. 4 No. 2 (2026)

Legal Considerations of Judges Regarding Criminalization of Sexual Violence by Parents Against Biological Children from the Perspective of Legal Objectives

Nadilla Rahmawaty Abae (Universitas Pasundan)
Gialdah Tapiansari Batubara (Universitas Pasundan)



Article Info

Publish Date
23 Sep 2026

Abstract

Sexual violence against children committed by biological parents constitutes a serious crime that not only results in legal consequences but also causes long-term psychological harm. In judicial practice, sentencing tends to focus on imprisonment, while the revocation of parental authority as a protective legal measure is often overlooked. This study aims to analyze judicial considerations based on the old and the new Criminal Code, as well as to identify the gap in the application of guardianship revocation in court decisions. This research employs a normative juridical method with statutory and case-based approaches. The findings indicate that although the new Criminal Code provides a more progressive legal framework, judges have not optimlly exercised their authority to revoke parental rights, thereby potentially maintaining the power imbalance between the offender and the victim. This study emphasizes that the revocation of parental authority should be positioned as a mandatory legal consequence to ensure the best interests of the child.

Copyrights © 2026






Journal Info

Abbrev

law

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Ekasakti Journal of law and Justice is an peer-reviewed journal. This journal is managed by the Master of Law Program, Universitas Ekasakti. The purpose of EJLJ is as a medium of communication, information and legal science development. This journal contains studies in the field of law which are the ...