Legal Spirit (Nov 2024)
Tindak Pidana Eksploitasi Seksual Komersial Anak
Abstract
It is still felt that the implementation of the Child Protection Law has not provided justice for victims. Apart from that, these regulations also cannot provide full guarantees of children's rights for victims. At least, through the two case studies raised by the author, it can be seen that there are several differences in the fulfillment of children's rights as victims. The legal research method used is empirical juridical using a case approach, conceptual approach and statutory regulations approach. The results of the research have found conclusions from both problem formulations. The guarantee of victim protection has not yet been realized in the Child Protection Law, so improvements are still needed to prevent disharmony. Implementation of guarantees for victim protection also cannot proceed according to procedures. This was because the prosecutor experienced several obstacles, namely the case files were incomplete and the victim witnesses could not be presented during the trial process. These obstacles can be minimized by the prosecutor working together with investigators, social workers, and creating strategies to fully guarantee the victims' rights.
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