Tria Historina, 161000441 (2020) PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA PENCULIKAN DIHUBUNGKAN DENGAN UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NO. 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK. Skripsi(S1) thesis, FAKULTAS HUKUM UNIVERSITAS PASUNDAN.
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Abstract
Abduction (deprivation of liberty against someone) is the act of taking someone away illegally. So abduction is the criminal act of taking a person away by means of fraud, persuasion, by threat of violence or by force. In this case, children are always the target of abduction because children are considered innocent and easily deceived by the perpetrators of crime. Children are abducted and trafficked. It usually occurs due to weak parental supervision and an increasingly heavy economic burden, so that it triggers a higher rate of abduction of children. The legal problems are how is the legal protection for children as victims of abduction? How is the process of handling child abduction problems, and what efforts must be made by the government to prevent more cases of child abduction? The writing of this paper was descriptive analysis by using the normative juridical approach, namely legal approach or research using primary, secondary and tertiary data sources such as laws and regulations, legal history, legal comparison, legal theories, and related legal scholars' opinion. Furthermore, the data was analyzed using qualitative juridical method. In other words, the obtained data was analyzed qualitatively without using formulas or statistical data. It is in the form of description containing legal certainty. Based on the results of the research, it can be concluded that the the process of handling the crime of child abduction against the perpetrators of the crime of child abduction is an investigation such as police reports and information to investigators, public and institutional complaints in addition to Indonesian Republic police, and legal protection for abducted children from the perspective of law, the arrest of suspects, and the surrender of the suspect and / or evidence. The legal protection for children of abduction victim in the legal perspective. Anyone can be charged with article 59, article 68, and article 83 in conjunction with article 76f of law number 35 of 2014 concerning amendments to law number 23 of 2002 concerning child protection. The maximum sentence is 15 years in prison. However, the verdict handed down by the judge was not comparable to the crime of the kidnappers and did not provide a deterrent effect to the abductors. The efforts that must be taken by the government to prevent the recurrence of cases of child abduction are legal protection for children becoming victims of the crime of child abduction . The legal protection for victims is divided into 3 phases. The first phase, legal protection at the time of abduction crime, such as the threat of punishment for anyone who knows and deliberately leaves children who are exploited. The second phase, legal protection at the time of the trial of the perpetrators of child abduction. The third phase, legal protection after the trial, such as granting the right to submit to court in the form of restitution rights which are the responsibility of the perpetrators of crime. Key words: legal protection, abduction, children.
| Item Type: | Thesis (Skripsi(S1)) |
|---|---|
| Subjects: | S1-Skripsi |
| Divisions: | Fakultas Hukum > Ilmu Hukum 2018 |
| Depositing User: | Lilis Atikah |
| Date Deposited: | 19 Oct 2020 04:23 |
| Last Modified: | 19 Oct 2020 04:23 |
| URI: | http://repository.unpas.ac.id/id/eprint/49477 |
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