PENGATURAN SANKSI PIDANA PENJARA TERHADAP PELAKU TINDAK PIDANA KEKERASAN SEKSUAL PADA ANAK MENURUT PERATURAN PERUNDANG-UNDANGAN DI INDONESIA

Frista Andhira Arie Seno, . (2024) PENGATURAN SANKSI PIDANA PENJARA TERHADAP PELAKU TINDAK PIDANA KEKERASAN SEKSUAL PADA ANAK MENURUT PERATURAN PERUNDANG-UNDANGAN DI INDONESIA. Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.

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Abstract

This research was conducted to determine the regulation of perpetrators of sexual violence against children according to Indonesian legislation, because the protection of sexual violence is still ambiguous and there is no unity of view of the law enforcement agencies so that there are contradictions in the law due to differences in criminal sanctions in the Criminal Code, UUPA and TPKS Law. Criminal issues against perpetrators of sexual violence against children are regulated in the UUPA and the TPKS Law but with different criminal threats, even also regulated in the Criminal Code in articles governing violations of decency, this indicates that there are still weaknesses in law enforcement against perpetrators of sexual violence against children. Weaknesses in law enforcement against perpetrators of criminal acts of sexual violence against children can have an impact on the absence of fear and deterrent effects on the perpetrators, because of the lack of maximum punishment against the perpetrators. This type of research is a normative research method, while the research approach is a statutory approach and a conceptual approach. The nature of this research is descriptive analytical. The data used in this research comes from secondary data. Furthermore, the data that has been successfully collected in the research is analyzed using qualitative analysis. The result of the research shows that: (1) The regulation of perpetrators of sexual violence against children according to Indonesian legislation is regulated in Law Number 35 of 2014, as well as in Law Number 12 of 2022, but the two regulations have contradictions in terms of the provisions of imprisonment sanctions for perpetrators of criminal acts of sexual violence against children; (2) Future arrangements so that sexual violence against children does not occur again can be done by revising and strengthening the TPKS Law, namely related to the regulation of a special minimum limit of imprisonment sanctions against perpetrators of criminal acts of sexual violence against children, because until now the imprisonment sanctions provided for in the TPKS Law do not regulate a special minimum limit of imprisonment for perpetrators.

Item Type: Thesis (Tesis)
Additional Information: [No. Panggil : 2110622048] [Pembimbing : Supardi] [Ketua Penguji : Slamet Tri Wahyudi] [Penguji 1 : Handoyo Prasetyo] [Penguji 2 : Supardi]
Uncontrolled Keywords: Criminal sanctions, Sexual violence, Children.
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Program Studi Hukum (S2)
Depositing User: FRISTA ANDHIRA ARIE SENO
Date Deposited: 05 Sep 2024 07:46
Last Modified: 05 Sep 2024 07:46
URI: http://repository.upnvj.ac.id/id/eprint/33515

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