A Victimological Perspective Review of Crimes of Sexual Violence Against Children (Child Sexual Abuse)

Abstract

With the development of the community environment, it is also possible to develop criminal acts that exist in the environment around the community. Moreover, acts of violence or sexual harassment are still a problem that still occurs frequently. The form of legal protection provided starts from the prevention of the occurrence of criminal acts of sexual violence against children and protection of children who are victims of criminal acts of sexual violence as well as protection of children who are in conflict with the law of sexual violence. This study uses a normative juridical method, namely by examining laws and regulations, theories and legal concepts. The results of this study indicate that in handling cases of sexual violence against children, law enforcers often use the Criminal Code (KUHP), whereas the Child Protection Act (UUPA) can provide better protection for children as victims compared to the Criminal Code. because in the Criminal Code the rights of children as victims have not been regulated in obtaining legal guarantees that can reduce losses due to violence. In this crime, children as victims often do not get legal protection and fulfill their rights as victims adequately. Protection of children in cases of sexual crimes has been legally guaranteed through the Law on the Protection of Witnesses and Victims, the UUPA, and the Law on Human Rights. However, the process of fulfilling the rights of children as victims in these crimes does not yet have adequate aspects of justice for children. The existing criminal law instruments are only oriented towards punishment and deterrence of perpetrators of sexual crimes. This study aims to analyze child sexual crimes in the context of victimology and victim protection.