Judgment Considerations Regarding Decisions about Child Sex Abuse Crime Conducted by Military Member
TNI and Children are the two parties that are protected by special laws and regulations. Members of the TNI are committed and submit to military legislation. Apparatus who committed crimes have to follow the military’s criminal law and military court. Meanwhile, children as the victims of criminal...
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| Format: | Article |
| Language: | English |
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Universitas Negeri Semarang
2020-01-01
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| Series: | Journal of Law and Legal Reform |
| Subjects: | |
| Online Access: | https://journal.unnes.ac.id/sju/index.php/jllr/article/view/35421 |
| _version_ | 1811230620482797568 |
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| author | Novi Anggraini Putri |
| author_facet | Novi Anggraini Putri |
| author_sort | Novi Anggraini Putri |
| collection | DOAJ |
| description | TNI and Children are the two parties that are protected by special laws and regulations. Members of the TNI are committed and submit to military legislation. Apparatus who committed crimes have to follow the military’s criminal law and military court. Meanwhile, children as the victims of criminal acts have the rights that are legally protected in the legislation on child protection. The problems on this research are (1) How is Implementation of Act No. 35 of 2014 About Child Protection against child sex abuse committed by TNI in Judicial Process at Military Court II-10 Semarang? (2) How does the judge’s consideration about the Criminal adjudication to the suspect of the child sex abuse committed by TNI (Case Study of Military Court II-10 Semarang’s Verdict No. 62-K/PM.II-10/AD/IX/2016)? This study uses a qualitative method located in Indonesia with a Verdict as the object of research. The data collection techniques using document and literature study. The result of research, 1) Implementation of Act No. 35 of 2014 About Child Protection in Judicial Process at Military Court II-10 Semarang, i.e (1) Arresting the defendant (2) Giving the child as a victim an opportunity to speak up some testimony (3) The result of Visum et Repertum as a Health service (4) Giving detention and forfeit to defendant along with dismissal from military service 2) Judge's consideration of the Criminal adjudication of perpetrators of the Child Sex Crimes committed by TNI (1) Juridical considerations, i.e : Indictment, testimony of witnesses and defendants, expert's testimony, evidence and other articles in the Child Protection Law (2) Non-Juridical Considerations are mitigating and aggravating factors. The conclusion of this research is that the Implementation of Act no. 35 of 2014 has not been fully implemented in the judicial process in Military Court II-10 Semarang, the child’s identity in the previous verdict is not disguised. Suggestion from this study is the punishment of the defendant should refer to Act no. 35 of 2014 on Child Protection and after the judicial process the parties including law enforcement should provide protection for the future of the child as a victim. |
| first_indexed | 2024-04-12T10:31:42Z |
| format | Article |
| id | doaj.art-94b1c88755db49d289c9901819471ae3 |
| institution | Directory Open Access Journal |
| issn | 2715-0941 2715-0968 |
| language | English |
| last_indexed | 2024-04-12T10:31:42Z |
| publishDate | 2020-01-01 |
| publisher | Universitas Negeri Semarang |
| record_format | Article |
| series | Journal of Law and Legal Reform |
| spelling | doaj.art-94b1c88755db49d289c9901819471ae32022-12-22T03:36:50ZengUniversitas Negeri SemarangJournal of Law and Legal Reform2715-09412715-09682020-01-011224125810.15294/jllr.v1i2.3542135421Judgment Considerations Regarding Decisions about Child Sex Abuse Crime Conducted by Military MemberNovi Anggraini Putri0Legal Aid Center of Indonesian Advocates Association, SemarangTNI and Children are the two parties that are protected by special laws and regulations. Members of the TNI are committed and submit to military legislation. Apparatus who committed crimes have to follow the military’s criminal law and military court. Meanwhile, children as the victims of criminal acts have the rights that are legally protected in the legislation on child protection. The problems on this research are (1) How is Implementation of Act No. 35 of 2014 About Child Protection against child sex abuse committed by TNI in Judicial Process at Military Court II-10 Semarang? (2) How does the judge’s consideration about the Criminal adjudication to the suspect of the child sex abuse committed by TNI (Case Study of Military Court II-10 Semarang’s Verdict No. 62-K/PM.II-10/AD/IX/2016)? This study uses a qualitative method located in Indonesia with a Verdict as the object of research. The data collection techniques using document and literature study. The result of research, 1) Implementation of Act No. 35 of 2014 About Child Protection in Judicial Process at Military Court II-10 Semarang, i.e (1) Arresting the defendant (2) Giving the child as a victim an opportunity to speak up some testimony (3) The result of Visum et Repertum as a Health service (4) Giving detention and forfeit to defendant along with dismissal from military service 2) Judge's consideration of the Criminal adjudication of perpetrators of the Child Sex Crimes committed by TNI (1) Juridical considerations, i.e : Indictment, testimony of witnesses and defendants, expert's testimony, evidence and other articles in the Child Protection Law (2) Non-Juridical Considerations are mitigating and aggravating factors. The conclusion of this research is that the Implementation of Act no. 35 of 2014 has not been fully implemented in the judicial process in Military Court II-10 Semarang, the child’s identity in the previous verdict is not disguised. Suggestion from this study is the punishment of the defendant should refer to Act no. 35 of 2014 on Child Protection and after the judicial process the parties including law enforcement should provide protection for the future of the child as a victim.https://journal.unnes.ac.id/sju/index.php/jllr/article/view/35421sex abusechildrenmilitary judicial process |
| spellingShingle | Novi Anggraini Putri Judgment Considerations Regarding Decisions about Child Sex Abuse Crime Conducted by Military Member Journal of Law and Legal Reform sex abuse children military judicial process |
| title | Judgment Considerations Regarding Decisions about Child Sex Abuse Crime Conducted by Military Member |
| title_full | Judgment Considerations Regarding Decisions about Child Sex Abuse Crime Conducted by Military Member |
| title_fullStr | Judgment Considerations Regarding Decisions about Child Sex Abuse Crime Conducted by Military Member |
| title_full_unstemmed | Judgment Considerations Regarding Decisions about Child Sex Abuse Crime Conducted by Military Member |
| title_short | Judgment Considerations Regarding Decisions about Child Sex Abuse Crime Conducted by Military Member |
| title_sort | judgment considerations regarding decisions about child sex abuse crime conducted by military member |
| topic | sex abuse children military judicial process |
| url | https://journal.unnes.ac.id/sju/index.php/jllr/article/view/35421 |
| work_keys_str_mv | AT novianggrainiputri judgmentconsiderationsregardingdecisionsaboutchildsexabusecrimeconductedbymilitarymember |