PERLINDUNGAN HUKUM TEHADAP ANAK KORBAN INCEST DALAM PERATURAN PERUNDANG-UNDANGAN DI INDONESIA

Abstract

One form of sexual crime that befalls children is incest, usually children are
prosecuted. This case is one of the most extreme forms of child abuse, often
resulting in serious and prolonged psychological trauma, especially by parents.
known by other parties will feel ashamed. thus the need for further arrangements
regarding child protection in the future children come.The research objectives of
this thesis are; First, determine the legality of legal protection for child victims of
incest in Indonesian laws and regulations.Second, to find out the form of
providing legal protection to child victims of incest in the future. This type of
research is the writer of normative legal research or known as the legal research
of literature.From this research, the regulation of incest or better known as incest
in the Indonesian Criminal Code is very important, especially regarding the
sanctions. Incest cases are not ordinary rape cases, but also involve beliefs, the
continuity of a family, the future of children, and the psychological conditions that
are formed. Therefore, it is very unfortunate if Indonesian law treats incest
perpetrators the same as ordinary rape victims. There are two fundamental
problems that can be First, in the law there is no definition of the victim's
biological child. So does this have an impact on the equality of special treatment
for children as victims both from their own families (biological children) and
children outside the family, which is clearly different from the psychological
impact of a crime rape of the child of a rape victim (incest). Second, the law on
the protection of children is very clear, but its implementation has not been
realized as expected. It is necessary to continuously amend the law and prepare
new offenses, among others, with input from various scientific meetings which
also means from various circles of society at large. Some results of research and
studies regarding the development of special offenses in society and developments
in science and technology. Observation of new forms and dimensions of crime in
international meetings or congresses and various kinds of international
conventions both ratified and not ratified and results of comparative studies of
various Criminal Codes from sexual violence requires us to enforce and protect it
in various prevention efforts, namely, social community approaches, early

childhood sexual education, active socialization of the effects of incest, systems-
based approaches and so on.

Keywords: Incest – Child Protection - Victims – Sexual Violence