SKRIPSI
TINJAUAN YURIDIS TERHADAP TINDAKAN KEKERASAN TERHADAP ANAK PANTI ASUHAN BUDI PERTIWI DALAM PERSPEKTIF HUKUM HAK ASASI MANUSIA
Children in orphanages are vulnerable to violence. It is important to note
that children living in orphanages also have the same right to legal protection as
stipulated in Article 58 of Law Number 39 of 1999 concerning Human Rights.
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Based on this, the researchers found three problems, namely (1) What forms of
violence were carried out by the administrators of the Budi Pertiwi Orphanage in
Bandung City against children from the orphanage from a human rights
perspective? (2) What is the legal protection for children from the Budi Pertiwi
Orphanage as victims of sexual violence from a human rights perspective? and
(3) What are the efforts to provide protection for the children of the Budi Pertiwi
Orphanage?
This research illustrates the existence of violence against children in
orphanages carried out by orphanage administrators and a lack of protection for
victims. The approach method used in this research is Law Number 39 of 1999,
Law Number 35 of 2014, Law Number 12 of 2022, legal protection theory and the
theory of the best interests of the child which are used as tools for analysis.
The results of the research show that the form of violence committed by the
Manager of the Budi Pertiwi Orphanage in Bandung City against children in the
orphanage was sexual violence in the form of sexual abuse as specified in Article
76D in conjunction with Article 81 paragraph (1) and Article 76E in conjunction
with Article 82 paragraph (1) of the Law. -Law Number 35 of 2014, Article 6 in
conjunction with Article 15 paragraph (1) letter a Law Number 12 of 2022 and
Article 58 in conjunction with Article 65. Second, there is no legal protection for
children from the Budi Pertiwi Orphanage as victims of sexual violence, where
law enforcement only threatens the perpetrator with imprisonment for a minimum
of 5 (five) years and a maximum of 15 (fifteen) years and a maximum fine of IDR
5,000,000,000.00 as specified in Article 81 paragraph (1) and Article 82
paragraph (1) of Law Number 35 of 2014 as well as a maximum imprisonment of
4 (four) years and/or a maximum fine of IDR 50,000,000.00 (fifty million rupiah)
as specified in Article 6 letter a of Law Number 12 of 2022. And the effort to
provide protection for the children of Budi Pertiwi Orphanage is by providing
rehabilitation to victims as specified in Article 69 A of Law Number 35 of 2014
concerning Amendments to Law Number 23 of 2002 concerning Child Protection,
Article 6 of the Law -Law Number 31 of 2014 concerning Amendments to Law
Number 13 of 2006 concerning Protection of Witnesses and Victims and Article
70 paragraph (1) of Law Number 12 of 2022 concerning Crimes of Sexual
Violence.
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