Research Paper
Year: 2020 | Month: September | Volume: 7 | Issue: 9 | Pages: 360-366
Legal Protection Paradigm For Child Victims Of Domestic Sexual Violence Crimes
Syaiful Asmi Hasibuan 1, Ediwarman 2, Madiasa Ablisar 3, Marlina 4
1,2,3,4 Law Doctoral Study Program, Faculty of Law, Universitas Sumatera Utara, Medan, 20155; Indonesia
Corresponding Author: Syaiful Asmi Hasibuan
ABSTRACT
Victims as a party harmed by a crime are often neglected and do not even get attention, especially with the increasing attention to the coaching of inmates which is often interpreted as something unrelated to the fulfillment of the victim's interests, so it is not surprising that the attention to the victim is getting further away from the word protection. Protection of victims from a crime is very important to be considered and prioritized because the suffering of the victim due to a crime cannot be said to be completed or ended with the punishment of the perpetrator of the crime or the aftermath of the perpetrator of the crime serving the sentence given to him as a reward for the actions he committed. The main discussion in this study is about the paradigm of legal protection against children victims of domestic sexual violence crimes. The use of normative legal research in this study is done by examining library research that uses secondary data sources, both in the form of primary legal materials and secondary legal materials as well as tertiary legal materials. And this research is prescriptive analysis, which means that this study not only illustrates by analyzing a condition or symptom, both on the plains of positive and empirical law but also this research provides the proper arrangements and solves legal problems. The collected data is qualitatively analyzed in the form of systematic descriptions by explaining the relationship between the types of data and then analyzed descriptively so that conclusions can be drawn in this study. This study, produced a conclusion that the paradigm of protection of children victims of domestic violence amendments is still focused on technical efforts, such as how to find more assertive methods of sentencing to produce deterrent effects on perpetrators of crimes or prevent people from committing crimes, improving supporting facilities and infrastructure, increasing operational budgets. As a result, the focus of attention on victims of crime is often ignored while also the legal protection for children who are victims of domestic sexual violence is still partial and indirectly so that the benefits of legal protection cannot be felt by the child in a laboratory.
Keywords: Legal Protection Paradigm, Child, Victim of Crime, Domestic Sexual Violence
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