PEMENUHAN HAK KORBAN TINDAK PIDANA KEKERASAN SEKSUAL DRIVER OJEK ONLINE TERHADAP ANAK (STUDI PUTUSAN NOMOR 455/PID.SUS/2024/PN.SBY)

Prastiawan, Andi (2025) PEMENUHAN HAK KORBAN TINDAK PIDANA KEKERASAN SEKSUAL DRIVER OJEK ONLINE TERHADAP ANAK (STUDI PUTUSAN NOMOR 455/PID.SUS/2024/PN.SBY). Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

This study aims to identify and analyze the considerations of judges in granting victims' rights and to analyze the forms of fulfillment of victims' rights in cases of sexual violence committed by online motorcycle taxi drivers against children in Decision Number 455/Pid.Sus/2024/PN Sby. This study uses a normative research method with a legislative approach and a case approach. Data collection techniques include observation, literature review, and interviews. The results of this study indicate that the panel of judges, in granting the fulfillment of victims' rights, considers both legal and non-legal aspects. The judges' decision is perceived as failing to achieve justice for the victims, as it focuses solely on imposing punishment on the perpetrator. The forms of rights fulfillment provided to victims are not regulated in the Criminal Code but are regulated in Law 12/2022, Law 35/2014, and Law 31/2014. The forms of rights fulfillment provided to victims include a medical examination, parental accompaniment and social pediatrics, and court proceedings without robes or uniforms. The victim in this case did not request restitution. The victim should be entitled to a psychiatric examination to enable mental and social rehabilitation and may request restitution in accordance with Article 70 of Law No. 12 of 2022.

Item Type:

Thesis (Undergraduate)

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