QUO VADIS LEGAL PROTECTION FOR CHILD VICTIMS OF SEXUAL VIOLENCE

Abstract

Cases of child sexual abuse in Indonesia have risen to an extremely concerning rate. Albeit Indonesia have established Law Number 35 of 2014 on the amendment of Law Number 23 of 2002 on Child Protection as a promissory result post Convention on the Rights of Child ratification, the implementation of aforementioned laws on the protection of children victims of sexual violence are still poor. The Indonesian Ministry of Women and Children Empowerment recorded a number as high as 5,628 cases of sexual violence on children by January to September 2021 alone. In addition, the Commission for Indonesian Child Protection provided that the number of child victims of sexual violence have showed a significant approximately up to 100% increase by 2016 to the end of 2020. The act of sexual violence on children varies in households, academic places, public sectors, and cyberspace. However, law enforcement upon sexual violence cases on children does not always favour the victims. Moreoever, access to justice and legal protection especially in the evidentiary procedure are highly influenced by pressurized social factors. Hence, there needs a more feasible legal enforcement scheme in supporting the victims’ access to justice in favour of the children’s mental condition.