Karya Ilmiah

TESIS (1865) - Pertimbangan Hakim Atas Pemidanaan Orang Tua Sebagai Pelaku Kekerasan Seksual Terhadap Anak

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Sexual domestic violence of children is believed to be common. Children
tends to reluctant to defend their rights because they might have been threatened,
abused, and tricked. Sexual abuse of children has a long-term psychological
effects which affecting self-esteem to connect to others. A social neighborhood
have a huge impacts on their sociological character to build relationship with
society around them. According to Act No. 23/2002 regarding Children Protection
and Act No. 23/2004 regarding the Abolition of Domestic Violence, stated that
both preventive and represive protection should be given to the crime (sexual
domestic violence/sexual abuse) and the victims especially the children.
Moreover, the influence of the social neigborhood to the children will give a
significant effect on their personality and behavior either inside or outside the
house. The value of the family structure and the society will be considering how
good or bad the growth phase of the children. Therefore, it is important to
maintain the self control and quality action of every member of the family to keep
their children secure and fair.
The methods of this research are cases approach and statute approach that
are used in order to analyze the consideration or ratio legis of judgement decision
regarding three sexual abuse of domestic violence cases decided by Situbondo
district court.
The analysis result shows that the lack of human resources quality is the
main influence of the quality of the legal products. The accuration of the judge
decision should be based on consideration rule and logical reasoning of facts and
legal argumentation in order to establish legal impact for every people in
accordance with the law purpose, legal security/legal certainty and justice.
Fulfilling the victim and defendant protection of sexual abuse crime have a huge
influence of readiness, seriousness, and also professional legal institution who
carry out their duty to protect the victim and the defendant through some existing
Acts. This research believes that if the stake holder and the law makers can
establish a good protection to the victims and the accused, it will give positive
impact for the criminal justice system.

Keywords: sexual abuse of children, children protection, sexual abuse victim.

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Ketersediaan

030943015

1865

Ruang Tesis

Tersedia namun tidak untuk dipinjamkan - Digudangkan

Informasi Detail

Judul Seri

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No. Panggil

1865

Penerbit

Surabaya : Fakulas hukum Unair., 2013

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA ANAK

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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