Legal Review Concerning the Right to Restitution for Child Victims of Crime of Sexual Crimes According to Children's Protection Law

Abstract

Every year the number of sexual abuse experienced by children in Indonesia continues to increase; this attracts the author’s attention to study more deeply about legal protection for child victims of sexual crimes. In the Elucidation of Article 71 D Paragraph (1) of the Law of the Republic of Indonesia Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection as amended by Law of the Republic of Indonesia Number 17 of 2016 concerning Stipulation of Government Regulations in Lieu of Law Number 1 the Year 2016, “Restitution” is the payment of compensation charged to the perpetrator based on a court decision with the permanent legal force for material and/or immaterial losses suffered by the victim or his heirs. From this study, it was found that there is legal protection for children who are victims of sexual crimes, namely through the Republic of Indonesia Law Number 17 of 2016 concerning the Stipulation of Government Regulations in Lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection. Became Law. The law regulates the right of restitution for child victims of sexual crimes. The implementation of granting restitution rights for child victims of sexual crimes is held in Article 71D paragraph (1) of the Law of the Republic of Indonesia Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection as amended through Law of the Republic of Indonesia Number 17 of 2014 2016 concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2016. It is further stated that the implementation of the right to restitution is precisely regulated in Government Regulation 43 of 2017 concerning the Implementation of Restitution for Children Who Are Victims of Crime. The performance of the right to restitution has obstacles. Three factors affect the effectiveness of the implementation of the right to restitution of children: legal, law enforcement, and community