Analisis Yuridis Hak Rehabilitasi Anak Korban Tindak Pidana Kekerasan Seksual Hubungan Sedarah (Incest) yang Dilakukan Oleh Ayah Kandung (Studi Putusan Nomor 98/Pid.Sus/2025/PN.JBG)

raihan gani, yanfa' aulia (2026) Analisis Yuridis Hak Rehabilitasi Anak Korban Tindak Pidana Kekerasan Seksual Hubungan Sedarah (Incest) yang Dilakukan Oleh Ayah Kandung (Studi Putusan Nomor 98/Pid.Sus/2025/PN.JBG). Undergraduate thesis, UPN Veteran Jawa Timur.

	Text (cover) 22071010249.-cover.pdf Download (1MB)
	Text (Bab 1) 22071010249.-bab 1.pdf Download (483kB)
	Text (Bab 2) 22071010249.-bab 2.pdf Restricted to Repository staff only until 23 July 2029. Download (430kB) \| Request a copy
	Text (Bab 3) 22071010249.-bab 3.pdf Restricted to Repository staff only until 23 July 2029. Download (331kB) \| Request a copy
	Text (Bab 4) 22071010249.-bab 4.pdf Download (270kB)
	Text (Daftar Pustaka) 22071010249.-daftar pustaka.pdf Download (274kB)
	Text (Lampiran) 22071010249.-lampiran.pdf Restricted to Repository staff only until 23 July 2029. Download (1MB) \| Request a copy

Abstract

The objective of this study is to analyze the judge's considerations in adjudicating a case of sexual violence in an incestuous relationship committed by a biological father as well as to examine the fulfillment of the child victim’s rehabilitation rights in Decision Number 98/Pid.Sus/2025/PN Jbg. Children, as vulnerable legal subjects, are entitled to special protection from the state, including the right to rehabilitation when they become victims of sexual violence. The results show that the judge made the decision based on both non-juridical factors, such as the perpetrator's role as the victim's biological father and repeated acts that caused severe trauma, and juridical factors, such as proof of criminal elements. In accordance with Law No. 17/2016 jo's Article 81(3), the defendant was given a 15 year prison sentence. Law No. 35/2014 on Child Protection, Article 76D. However, as required by Article 69A of Law No. 35/2014 and Articles 66–67 of Law No. 12/2022 on Sexual Violence Crimes, the decision has not adequately taken into account the victim's rights to medical, psychological, and social rehabilitation. The concept of the child's best interests is not entirely reflected in the legal protection offered, which is still offender-oriented. Keywords:Victim Rehabilitation; Child Victim; Sexual Violence; Incest.

Item Type:

Thesis (Undergraduate)

Contributors: