Legal Protection of Children as Victims of Sexual Violence from the Perspective of Law Number 35 of 2014 concerning Child Protection (Case Study of Decision Number 336/Pid.Sus/2025/PN Bnj)

Abstract

Sexual violence against children has physical, psychological, and social impacts and affects Sexual violence against children is an extraordinary crime that has a multidimensional impact on the physical, psychological, and social victims. This study examines the implementation of legal protection for children victims of sexual violence based on Law Number 35 of 2014, with a case study of Decision Number 336/Pid.Sus/2025/PN Bnj at the Binjai District Court, where the victim's five-year-old child experienced deep trauma due to abuse by his own relatives. The formulation of this research problem is: 1. How to regulate the legal protection of children as victims of sexual violence in Law Number 35 of 2014 concerning Child Protection. 2. How is the application of legal protection for children as victims of sexual violence in criminal justice practice, especially in Decision Number 336/Pid.Sus/2025/PN Bnj. 3. How the judge's consideration in Decision Number 336/Pid.Sus/2025/PN Bnj has reflected optimal legal protection for children as victims of sexual violence. In line with this, the objectives of this study are: 1. To find out the legal protection arrangements for children as victims of sexual violence in Law Number 35 of 2014 concerning Child Protection. 2. To find out the application of legal protection for children as victims of sexual violence in criminal justice practice, especially in Decision Number 336/Pid.Sus/2025/PN Bnj. 3. To find out the judge's consideration in Decision Number 336/Pid.Sus/2025/PN Bnj has reflected optimal legal protection for children as victims of sexual violence. This normative juridical law research with an analytical descriptive nature uses a legislative approach and a case approach. The results of the study show that Decision Number 336/Pid.Sus/2025/PN Bnj reflects progressive legal protection through a victim-oriented justice approach. The judge validated the victim's psychological trauma through a psychiatric autopsy and ordered the destruction of evidence to prevent secondary trauma, even though the physical autopsy showed that the hymen was intact. Although the sentence of 9 years in prison has met the repressive aspect, optimal protection still requires strengthening the restitution and rehabilitation mechanism after the verdict for the overall recovery of the victim's future.