Comparison Legal Perspective of Criminal Sanctions for Sexual Crime Against Children in Indonesia

Abstract

In Indonesia, protection for victims of sexual violence against children is inadequate, because the sanctions regulations are not oriented towards protecting victims. The purpose of this research is to analyze and find regulations on criminal sanctions in cases of sexual crimes against children in Indonesia that have not been based on justice for victims, to analyze and find weaknesses in criminal sanctions regulations in cases of sexual crimes against children in the perspective of victim protection in Indonesia. This type of research is normative juridical, and to solve research problems secondary data is used which is obtained by conducting literature studies. The results of the study were then analyzed using a qualitative descriptive method. The results of the study show that criminal sanctions in cases of sexual crimes against children in Indonesia have not been based on justice, because criminal sanctions that can be imposed are only imprisonment and fines where if a fine is paid, the money goes into the state treasury which results in the recovery of children in victims of violence psychologically and materially are not assisted in the payment of the fine. There is no regulation regarding the amount of restitution that must be given to victims of sexual violence and is still limited to the realm of prosecution of perpetrators of sexual violence against children, not preventive efforts.