Perlindungan hukum terhadap anak yang menjadi korban kekerasan seksual di lingkungan pendidikan = Legal protection of children who are victims of sexual violence in the educational environment

Akbar, Muhamad Alief (2024) Perlindungan hukum terhadap anak yang menjadi korban kekerasan seksual di lingkungan pendidikan = Legal protection of children who are victims of sexual violence in the educational environment. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

This research examines the legal protection provided for child victims of sexual violence in educational settings and the challenges in addressing such violence within these environments. The research focuses on three judicial decisions: Judge's Decision Number 86/PID.SUS/2022/PT BDG, Judge's Decision Number 1541/Pid.Sus/2020/PT MDN, and Judge's Decision Number 7/PID.SUS/2020/PN LBJ, all of which involve perpetrators working as educators who had close relationships or proximity to the child victims. Using normative legal research methods, this study analyzes legal documents, legislation, and judicial decisions to understand the effectiveness of existing legal frameworks. The findings reveal significant weaknesses in the legal mechanisms addressing these cases, particularly in terms of sentencing, restitution enforcement, and the implementation of chemical castration as a preventive measure. The judicial process often prioritizes punishment over the recovery and well-being of victims, failing to adequately fulfill their rights and address their needs. The research highlights that perpetrators frequently exploited their positions of authority and trust within educational institutions to commit acts of violence. Victims, often unaware of the inappropriate nature of the abuse or feeling powerless against authority, experienced barriers to reporting incidents. The fear of retribution, compounded by institutional efforts to conceal such cases, further isolated victims and exacerbated their trauma. Moreover, the enforcement of restitution has been inadequate, reflecting a lack of sensitivity among law enforcement to the specific needs of child victims. The analysis identifies systemic obstacles, including resistance to implementing chemical castration due to ethical, human rights, and medical concerns, and the failure of educational institutions to foster a safe environment for reporting and addressing such incidents. This study concludes that while legal frameworks exist, their enforcement remains insufficient. It calls for stricter monitoring, a victim-centric approach, and reforms to ensure comprehensive protection for child victims of sexual violence in educational settings. Additionally, the research advocates for better psychological and legal support systems for victims and emphasizes the need for institutional accountability and preventative policies.
Item Type: Thesis (Bachelor)
Creators:
Creators
NIM
Email
ORCID
Akbar, Muhamad Alief
NIM01051210133
muhamad.aliefakbar17@gmail.com
UNSPECIFIED
Contributors:
Contribution
Contributors
NIDN/NIDK
Email
Thesis advisor
Susanti, Christine
NIDN0306017903
christine.susanti@uph.edu
Uncontrolled Keywords: child law protection; sexual violence in educational settings; rights of child victims.
Subjects: K Law > K Law (General)
Divisions: University Subject > Current > Faculty/School - UPH Karawaci > Faculty of Law > Law
Current > Faculty/School - UPH Karawaci > Faculty of Law > Law
Depositing User: MUHAMAD ALIEF AKBAR
Date Deposited: 15 Jan 2025 09:36
Last Modified: 15 Jan 2025 09:36
URI: http://repository.uph.edu/id/eprint/66415

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