CD Skripsi
Reformulasi Pengaturan Sanksi Pidana Terhadap Pelaku Kejahatan Seksual Bagi Anak Penyandang Disabilitas
Children with disabilities are children who have physical, mental, intellectual or sensory limitations for a long period of time who, in interacting with their environment and societal attitudes, may encounter obstacles that make it difficult to participate fully and effectively based on equal rights. Sexual violence against children is regulated in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. This rule is contained in Article 76 D. Article 81 of Law Number 35 of 2014 concerning Child Protection regulates sanctions for criminal acts of sexual violence (obscene) against children. Although there are regulations governing the protection of children, there is no specific protection for children with disabilities. Therefore, if children with disabilities experience sexual violence, they are always at a disadvantage.
The objectives to be achieved in this research are firstly to find out the weaknesses of the existing criminal sanction arrangements against perpetrators of sexual crimes for children with disabilities in Indonesian positive law and their implementation. The second is to formulate the ideal punishment to be imposed on perpetrators of sexual crimes for children with disabilities.
The author conducted research using normative juridical methods or literature studies in order to obtain secondary data which was divided into 3 (three), namely primary, secondary and tertiary legal materials. In this study, researchers used a statutory approach that would examine law, namely the principle of openness which has a relationship to the problems studied.
From the research results, there are two main things that can be concluded. The first is related to the weaknesses in the existing criminal sanctions arrangements against perpetrators of sexual crimes for children with disabilities in Indonesian positive law and how it is currently implemented in Indonesia. The second is the ideal punishment to be imposed on perpetrators of sexual crimes for children with disabilities, because children with disabilities are always disadvantaged and there is no special protection for them.
The author's suggestion is that the state must update or reformulate laws related to sanctions against sexual crimes against children with disabilities. So that the crime rate of sexual crimes against children with disabilities in Indonesia can be reduced. Suggesting that the imposition of sanctions on perpetrators of sexual crimes against children with disabilities be given severe sanctions, namely a minimum of 18 years in prison or in accordance with the weight that should be imposed, namely plus one-third of the maximum sentence and it is hoped that with this, justice will be achieved, and suggesting that the state should improve education more morals and character to all generations of the nation.
Keywords : Children-Persons-Disabilities-Sexual-Violence-Reformulation
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