CD Skripsi

Pelaksanaan Hak Restitusi Oleh Jaksa Penuntut Umum Bagi Anak Yang Menjadi Korban Tindak Pidana Kekerasan Seksual Di Pengadilan Negeri Rokan Hilir

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ABSTRACT
There are several cases of sexual violence that occur in children as
victims, especially in the Rokan Hilir Regency area. As in the case Number
445/Pid.Sus/2019/PN Rhl, with a child victim aged 14 years who experienced a
crime of sexual violence, intercourse and sexual abuse by two defendants. The
Public Prosecutor only demands that the sanctions given to the perpetrators of the
crime of sexual violence against children as victims are imprisonment and fines
for the perpetrators. Ironically, the imposed fines cannot accommodate the
interests of children as victims, because the fines are included in the state treasury
so that the fines only accommodate the interests of the state. Meanwhile, for the
benefit of the child as a victim, it does not provide any benefit. One of the things
that can accommodate the interests of children as victims of criminal acts of
sexual violence is the implementation of restitution.
The type of research used in writing this law is sociological legal
research. Meanwhile, if viewed from the nature of this research is descriptive.
This research was conducted at the Rokan Hilir District Court.
The results of this study are the implementation of the right of restitution
by the public prosecutor for children who are victims of criminal acts of sexual
violence in the Rokan Hilir District Court still cannot be implemented.
Prosecutors do not play an active role and do not understand the mechanism to
facilitate the restitution of child victims of sexual violence. The obstacle that
occurs in the implementation of the right to restitution by the public prosecutor
for children who are victims of criminal acts of sexual violence at the Rokan Hilir
District Court is the complexity of the procedure for submitting restitution in
Government Regulation Number 43 of 2017 concerning the Implementation of
Restitution. All the requirements that must be fulfilled in Government Regulation
Number 43 of 2017 concerning the Implementation of Restitution are certainly
quite difficult for the victim or guardian in managing it. The Government
Regulation Number 43 of 2017 concerning the Implementation of Restitution does
not contain a solution if the restitution is not paid. Furthermore, it is difficult to
prove the loss of material value which is sometimes not owned by the victim.
Efforts to overcome obstacles in the implementation of restitution rights by the
public prosecutor for children who are victims of criminal acts of sexual violence
at the Rokan Hilir District Court, namely the need for policies related to new
mechanisms in the implementation of restitution that are not complicated for the
victims, the active role of the prosecutor in facilitating the implementation
restitution for victims and judges who apply the principle of justice for victims.
Keywords: Implementation of Restitution, Child Victims, Sexual Violence

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 121 (0167)

Penerbit

Pekanbaru : Universitas Riau – Fakultas HUKUM – HUKUM PIDANA., 2021

Deskripsi Fisik

ix, 79 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 121 (0167)

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

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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