Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)

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Legal Protection of Children as Victims of the Crime of Rape Study of Decision Number 6/PID.SUS-ANAK/2020/PN.SIM

Authors
Yosua Martin Cendikia1, *, Herry Firmansyah1
1Faculty of Law, Universitas Tarumanagara, Jakarta, Indonesia
*Corresponding author. Email: myosua.siahaan@gmail.com
Corresponding Author
Yosua Martin Cendikia
Available Online 21 April 2022.
DOI
10.2991/assehr.k.220404.078How to use a DOI?
Keywords
Child Protection; Criminal Law
Abstract

Children are a mandate and gift from God Almighty, which is inherent in the dignity and worth as a whole human being. Child protection is the embodiment of justice in a society, thus child protection is sought in various fields of state and social life. One of the cases in the crime of rape where the victim is a girl aged 6 (six) years. This girl was raped and the perpetrator was sentenced to Article 81 paragraph (1) in conjunction with Article 76 d of Government Regulation in Lieu of Law No. RI. 1 of 2016 concerning the second amendment to the Republic of Indonesia Law No. 23 of 2002 concerning child protection which has been stipulated as Law no. 17 of 2016 which is punishable by a minimum imprisonment of 5 (five) years and a maximum of 15 (fifteen) years and a maximum fine of Rp. 5,000,000,000.00 (five billion rupiah). The article contains norms in the form of minimum and maximum words in the imposition of sanctions. Judges should decide based on the limits of the minimum and maximum in the norm. However, in this decision the judge determined differently where he was sentenced to 4 (four) years and Job Training for 3 (three) months at the Simalungun Regency Social Service. The application of appropriate sanctions in the decision of the Simalungun District Court Number 6/Pid.Sus-Anak/2020/PN. Sim is at least 5 years old.

Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article distributed under the CC BY-NC 4.0 license.

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Volume Title
Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
21 April 2022
ISBN
10.2991/assehr.k.220404.078
ISSN
2352-5398
DOI
10.2991/assehr.k.220404.078How to use a DOI?
Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article distributed under the CC BY-NC 4.0 license.

Cite this article

risenwbib
TY  - CONF
AU  - Yosua Martin Cendikia
AU  - Herry Firmansyah
PY  - 2022
DA  - 2022/04/21
TI  - Legal Protection of Children as Victims of the Crime of Rape Study of Decision Number 6/PID.SUS-ANAK/2020/PN.SIM
BT  - Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
PB  - Atlantis Press
SP  - 492
EP  - 498
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220404.078
DO  - 10.2991/assehr.k.220404.078
ID  - Cendikia2022
ER  -