Juridical Review of Criminal as a Form of Justice in Child Ability in Indonesia Cases Decision Study Number 66/PID.SUS/2022/PN.ATB

  • Bima Adi Wibowo and Muhammad Rustamaji
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  • Bima Adi Wibowo

    Faculty of Law, Universitas Sebelas Maret, Surakarta, Indonesia

  • Muhammad Rustamaji

    Faculty of Law, Universitas Sebelas Maret, Surakarta, Indonesia

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Payment of restitution following unlawful intercourse with children is unjust and unable to recover victims' physical and psychological needs and rights. Because the restitution paid by the victim is solely to restore the victim's rights which cannot be long-term and cannot be considered fair in providing solutions to criminal acts of intercourse child, this study aims to know justice punishment and restitution in recovery victim rights. This research includes doctrinal legal research (normative) with the approach case, and the research is prescriptive. Following unlawful intercourse, children need protection because the substance is inside regulation Law No. 35 of 2014 concerning Child Protection, which has not yet been obtained to protect the victim completely. On the principle of equality before the law, the victim is a woman with the human right to equal treatment in law and government as a form of guarantee and protection. With existing case intercourse in which child restitution is not yet considered fair, they should give the perpetrator's attention to the rights of victims as a child in the long term, material and immaterial.




International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 1688 - 1701

DOI: https://doij.org/10.10000/IJLMH.114520

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