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Yusuf Hanafi Pasaribu
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara

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PENERAPAN HUKUMAN TERHADAP ORANG TUA KANDUNG YANG MELAKUKAN KEKERASAN SEKSUAL KEPADA ANAK KANDUNG (Analisis Putusan No.1579/PID.SUS/2015/PN-Mdn, Putusan No.333/Pid.B/2014/PN-Mdn, Putusan No.133/Pid.Sus/2014/PN-Stb) Yusuf Hanafi Pasaribu; Syafruddin Kalo; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Sexual harassment committed by parents to their child is a very disgraceful misconduct because they are supposed to take care, provide improvement, education, protection, and to take part in their child’s growth and development in order to undergo a better life, because a child is nation’s next generation. Nowadays, the government is active and pays serious attention to reduce criminal acts, particularly to child by issuing the recent Law in order to protect children from being criminal victims and to give more serious sanctions to the criminal by revising Law No. 23/2002 on Child Protection amended by the Law of the Republic of Indonesia No. 35/2014. The problems are how parents who commit sexual harassment to their child are generally described; how the analysis of Verdict No. 1579/Pid.Sus/2015/PN-Mdn, No.333/Pid.B/2014/PN-Mdn, and No.133/Pid.Sus/2014/PN-Stb are; and what obstacles are faced by the Judge to convict the natural parents who commit sexual harassment in order to provide legal protection to their child.This research uses empirical judicial normative method. It is a descriptive analysis with statute approach and analysis of particular cases from various legal aspects; thus, this research is classified into a case study and an interview with the informants.In general, the description of parents who commit sexual harassment to their child, according to some cases, are the parents who take full control of their child, they make their child their sexual slaves using sexual harassment by strongly threatening their child to make sexual contact. The analysis of the Judge’s verdict shows that Judge’s consideration in settling the case of sexual harassment committed by biological parents to their child, the Judge considers the incriminating and mitigating things. It is incriminating that the Defendant is the victim’s biological father; he has damaged the child’s future and caused heavy trauma. It is mitigating that the Defendant has never been convicted. The obstacle that often emerges in convicting the biological parents a criminal of sexual abuse is in providing legal protection to the child who suffers from trauma in witness’ investigation when the Judge posts questions. Keywords: Implementation of Punishment and Sexual Harassment