PERLINDUNGAN HUKUM TERHADAP KORBAN TINDAK PIDANA PERKOSAAN DALAM PROSES PERADILAN PIDANA (STUDI KASUS PERKARA NOMOR 16/PID/2017/PN.BKN DAN NOMOR 51/PID.SUS/2017/PN .BKN)

HARIADI, INDRA (2019) PERLINDUNGAN HUKUM TERHADAP KORBAN TINDAK PIDANA PERKOSAAN DALAM PROSES PERADILAN PIDANA (STUDI KASUS PERKARA NOMOR 16/PID/2017/PN.BKN DAN NOMOR 51/PID.SUS/2017/PN .BKN). Masters thesis, Universitas Islam Riau.

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Abstract

The children who will be the next generation of the nation certainly also have human rights equally to adults, in which such rights are often neglected and even unimplemented by the state. Children’s rights should be respected, they also have the right to obtain justice equally to adult. Their rights should be protected in special treament. Especially, for young rape victims, the goverment (the law enforcement agency) provides the rights that have been written out in the formal laws of this state, eq.act No 35, 2014, act No 23, 2002, and act No 23, 2004 on the elimination of domestic violence as well as the regulation of the goverment of the Republic of Indonesia No 43, 2017 about implementation of Restitution for the child victim of criminal acts. This aims of this study is to acknowledge how fundamental rights of children rape victim in case of No. 16/Pid.Sus/2017/PN.Bkn october 02 2017 and in case of No 51/Pid.Sus/2017/Pn.Bkn on march 14 2017 viewed from victimology. The type of the study is a normative research method which focuses on a case study on a decision of State Court Judgers Of Bangkinang State Justice Office which deals with the case No. 16/Pid.sus/2007/PN/Bkn October, 02, 2017 and the verdict decision No. 51/Pid.Sus/2017/Bkn march 14,2007, interpreted to the decisison and the supporting theories In addition, if this study is critically looked from its essence this study can be categorized into a descriptive research by having of source of data from premier law, secondary law and even tertiary law. This study also deals with grounded research method in which the facts or findings-can strengthen the current theories. The result of this study show that there is a given right of victims and children’s rape Victim in two decissions at Bangkinang Justice Office as ordered by act No. 35, 2014 on children protection law. This matter is caused by a certain obstacle on the variety of law on children sexual harassment, such as law instrumentation, various interpretation of the law and the uncoherent of law and disharmony relationship among law institutions which deal with the law execution specifically on its position, standard sanction for law enforcement an law protections repressively.

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