Law Enforcement of Sexual Violence against Vulnerable Minors: Dayak Customary Law Remedies

Abstract

Human rights violations occur in all legal subjects, including women and children. The high number of cases of sexual violence against minors needs protection and law enforcement. This empirical juridical research aims to describe the situation and analyze the forms of law enforcement for acts of sexual violence against vulnerable minors based on the customary law of the Nganju Dayak. Research instruments through interviews, literature, and documentation are employed. The Dispute Resolution Mechanism through the Customary Courts is carried out in three stages: the Pre-Conflict Stage, the Conflict Stage, and the Decision Implementation Stage. The procedure for resolving cases of sexual violence against minors goes through eight stages, namely reporting from the victim, mediation, response and lawsuit hearings, trial evidence from the plaintiff and defendant, local examination hearings, considerations of the customary council, and judgment hearings. The customary sanction is in the form of singer Karusak Bawi Tabela. In the case studied, the customary sanctions received by the perpetrators are contained in Article 79. Party A was prosecuted and fed 40 Kati Ramu (Jipen) with a value of Rp. 500,000 per kati Ramu (Jipen) for a total of Rp. 20.000.000 to the victim and is subject to a fine under Article 68 (Singer Tekap Bau Mate) customary fine covering the shame of the face and eyes that are polluted, especially for women, a fine of 10 Kati Ramu (Jipen) with The amount of Rp. 5.000.000 was paid to the victim.