Perlindungan Hukum Terhadap Hak Anak Korban Pemerkosaan dan Proses Pemeriksaan di Pengadilan Negeri Waingapu

Abstract

Sexual violence is one form of human rights violations, every degrading, insulting, harassing, and / or attacking the body of the body, and / or a reproductive function of a person is considered a criminal deed. Criminal acts against children become characteristic as a child as a subject that became the focus of the perpetrator in achieving criminal goals. Where the child is part of the young generation that must be protected and expected for the progress of the nation. The purpose of this research: 1. To find out the rights of the rape victim's child in the court of waingapu, 2. To learn legal protection against the rights of the child as a rape victim in waingapu district court. The study was an empirical juxtapossion study involving legal protection against child rape and judicial proceedings at waingapu. The results of this study indicate: 1. Judge's consideration in deciding for the child rape suspect based on ruling number: 79/ pid. SUS /2023/ pn WGP. The two main points for judgment of the judge were, first juridical, in the trial of the law that should be the focus in the verdict of the prosecution's prosecution of the accused, the judgment of the non juridical judge, the judge referring to the conditions of the defendant as referencing the verdict. Two. The kind of protection the rape victim had based on ruling number: 79/ pid. SUS /2023/ pn WGP. Victims have obtained protection such as obtaining a legal escort, during the trial a trial mechanism that guards the child's identity, in addition to child's home-provided child services as a psychic escort. But there are also no optimal countries in providing such protection as access to facilities that should be fast and simple for children.