Formulative Policy on Criminal Acts of Sexual Violence Against
Children as the Guarantee Implementation of Child Rights
Protection in Indonesia
Wenly R. J. Lolong and Adensi Timomor
Legal Studies, Faculty of Social Science, State University of Manado, Indonesia
{wenly.lolong, adensi.timomor}@unima.ac.id
Keywords: Criminal, Sexual Violence, Child Protection.
Abstract: The increasing cases of criminal actions against children, especially child sexual abuse, have become a
concern of many parties within the state. From individual and child protection institutions to state officials
have their statement of concern of the situation. In some cases, the child victims have been found dead. This
study is a normative legal research that specifically aims to nationally mapping the issue of child protection
related to cases of child sexual abuse. Research purposes expected to find the fundamental weaknesses of
every related legal product presents today, either formally or materially, related to preventing child sexual
abuse. The system of penalties in the aforementioned legal products becomes the subject discussed.
Imprisonment becomes one of the main sub-studies, in addition to the possibility of other types of penalties
as a strategy to minimize the potential for child sexual abuse. The results found that the presence of legal
products that specifically regulate child protection in reality has not been able to reduce the number of child
sexual abuse cases in Indonesia up to the present.
1 INTRODUCTION
Protecting children from abuse, neglect, and
mistreatment is a major concern across the globe
(Zuchowski, Miles, Woods, & Tsey, 2017). Child
protection is all activities to guarantee and protect
the child and the rights in order to live, grow,
develop, and participate in the community based on
dignity and humanity principles, as well as to get
protection from violence and discrimination. The
definition is clearly stated in Article 1 of the Law
Number 23 Year 2002 on the Child Protection.
However, there seems that these legal products are
being ignored, that the cases of crimes against
children, especially sexual abuse, have been
increasing even more. It is indeed a situation of
concern, considering that in certain instances, the
victims, these innocent children, have been found
dead.
Referring to the data collected by the
Coordinating Ministry for Peoples Welfare, from
2010 to 2014 alone, there were 21,869,797 cases of
child sexual abuse in over 34 provinces and 179
regencies and cities. Of these violations to childrens
rights, 42% to 58% cases constitute sexual crimes
against children (Humaira et al., 2007). (Humaira et
al., 2007). In comparison, the data from Komisi
Perlindungan Anak Indonesia (KPAI)
1
, specifically
for 2011, shows approximately 2,275 cases of child
abuse; off these, 887 were child sexual abuse. In the
following year, in 2012, violence against children
was recorded around 3,871 cases; 1,028 cases of
which were sexual abuse against children. In 2013,
there were approximately 2,637 casesof violence
against children; of which 48% or about 1,266 were
sexual abuse (Noviana, 2015).
The increasing number of child sexual violence
cases in Indonesia has made us questioned about the
law enforcement related to the matter; the question
arises on legal guarantee for the children to enjoy
Lolong, W. and Timomor, A.
Formulative Policy on Criminal Acts of Sexual Violence Against Children as the Guarantee Implementation of Child Rights Protection in Indonesia.
In Proceedings of the Annual Conference on Social Sciences and Humanities (ANCOSH 2018) - Revitalization of Local Wisdom in Global and Competitive Era, pages 51-58
ISBN: 978-989-758-343-8
Copyright © 2018 by SCITEPRESS Science and Technology Publications, Lda. All rights reserved
51
their right of protection and on the penalties given to
the offenders.
In the context of the state policy, the child
protection has been regulated explicitly as follows:
1. Law Number 4 of 1979 on Child Welfare.
2. Law Number 39 of 1999 on Human Rights.
3. Law Number 23 of 2002 on Child Protection as
first amended by Law Number 35 of 2014 and
further amended by Government Regulation in
Lieu of Law Number 1 of 2016 which has been
defined as Law Number 17 of 2016.
4. Law Number 23 of 2004 on the Elimination of
Domestic Violence.
5. Law Number 11 of 2012 on the Juvenile Justice
System.
In general, child sexual abuse is associated with
a variety of problems in the short and the long term
for both male and female victims (Stoltenborgh, van
Ijzendoorn, Euser, & Bakermans-Kranenburg,
2011). Child sexual abuse has been identified as a
critical global public health, human rights, and
humanitarian-related issue, with rates of self-
reported child sexual abuse overall at 18% for girls
and 7.6% for boys (Wekerle, Goldstein, Tanaka, &
Tonmyr, 2017) Child sexual abuse is a part of child
maltreatment. Meanwhile child maltreatment is a
complex phenomenon, with four main types
(childhood sexual abuse, physical abuse, emotional
abuse, and neglect) highly interrelated (Moore et al.,
2015). On another point, research state that the view
of what constitutes child abuse and neglect is
dependent on the laws, cultural context, local
thresholds and the availability (Dubowitz, 2017).
However, seeing the increasing number of child
sexual abuse cases, it seems that these regulations
are not so much effective. The question is, with this
many regulations, why do the number of cases
increase year by year? The next question then refers
to the effectiveness of the existing legal products in
presenting even the least fear on offenders in
particular and the public in general? Or, is it related
to the ineffective work of the law enforcement
apparatus in enforcing the regulations?
The current governments idea to present
chemical castration is quite controversial. At this
point, it is evident that this issue of child sexual
abuse has reached a point that forces the government
to consider chemical castration, which in reality
seems rather brutal and is degrading human dignity.
From the aforementioned description, the
research problems are as follows. First, what is the
legal consideration to present regulations related to
child protection, especially for cases of child sexual
abuse? Second, what are the penalties for the
offenders of child sexual abuse?
2 METHOD
This study is legal research. The approach used was
to focus on the statute approach, the philosophical
approach, and the comparative approach. The study
was literature research whose data sources were
primary law materials, secondary law materials, and
tertiary or supporting legal materials. The stages of
the research included the preparation phase, data
collection phase, data analysis phase, and report
preparation phase.
3 THE LEGAL CONSIDERATION
TO PRESENT REGULATIONS
RELATED TO CHILD SEXUAL
ABUSE
In Indonesia, the sexual violence cases have
increased per year and the victims are not only
adults, but also teenagers and even toddlers. This
phenomenon of child sexual abuse has also
increased globally, both in quantity and quality. The
even worse fact is that the offenders are mostly from
the closest environment, either school or home or
child’s neighborhood (Noviana, 2015).
Lawson categorizes sexual violence as a form of
coercion of sexual intercourse, of sexual contact in
unfair and unpopular ways, and of sexual intercourse
with others for a specific commercial or purposeful
aims. Sexual violence can be oral-genital, genital-
genital, genital-rectal, hand-genital, hand-rectal,
hand-breast, sexual anatomical exposure, and
sharing pornographic images or movies (Probosiwi
& Bahransyaf, 2015). Meanwhile, child sexual abuse
as a part of sexual violence, defined by the Keeping
Children and Families Safe Act of 2003 and
involves: (a) the employment, use, persuasion,
inducement, enticement, or coercion of any child to
engage in, or assist any other person to engage in,
any sexually explicit conduct or simulation of such
conduct for the purpose of producing a visual
depiction of such conduct; or (b) the rape, and in
cases of caretaker or interfamilial relationships,
statutory rape, molestation, prostitution, or other
form of sexual exploitation of children, or incest
with children (Carson, Foster, & Tripathi, 2013).
According to The National Center on Child Abuse
ANCOSH 2018 - Annual Conference on Social Sciences and Humanities
52
and Neglect, child sexual violence is sexual contact
between children and adults who use children as
sexual satisfaction. Sexual violence in children
involves children up to the age of 18, including
exhibitionism, peeping, fondling, seducing, oral sex,
and sexual intercourse (Paramastri Ira et al., 2011).
Following the Royal Commission into
Institutional Responses to Child Sexual Abuse, we
define child sexual abuse as: …any act that exposes
a child to, or involves a child in, sexual processes
beyond his or her understanding or contrary to
accepted standards. Sexually abusive behaviours can
include the fondling of genitals, masturbation, oral
sex, vaginal or anal penetration by a penis, finger or
any other object, fondling of breasts, voyeurism,
exhibitionism and exposing the child to or involving
the child in pornography (Palmer & Feldman, 2017).
In comparison, the cases of sexual violence
and denials in children in the United States of
America (USA) in 1999 result in 1,100 children
under the age of 14 died. In Indonesia, such cases of
sexual violence are still seen as a domestic or family
matter that others not need to know (Paramastri Ira
et al., 2011). This view in reality negatively affects
the investiation on the case for the benefit of law
enforcement as well as the medical and
psychological treatment of the child.
According to Komisi Nasional Perlindungan
Anak Indonesia (National Commission for Child
Protection Indonesia), from 2015 to April 2016,
there were 312 cases of child abuse, in which 51%
(150 cases) included sexual violence. Data from
Komisi Perlindungan Anak Indonesia (KPAI) shows
the fluctuative number of child victims of sexual
violence (rape, obscenity, sodomy or pedophilia, and
so forth) from 2011 to 2016 (Andari, 2017). The
figures clearly require follow-up in the context of
the state policy.
The relationship between the accused and the
complainant was coded into 5 categories: (1) parent
(i.e., biological father, step-father, common-law
father, foster father, biological mother, common-law
mother), (2) other relative (i.e., biological brother,
common-law brother, step-brother, foster brother,
half-brother, brother-in-law, biological grandfather,
step-grandfather, biological cousin, biological uncle,
common-law uncle, step-uncle), (3) family
connection (i.e., family friend, neighbor, mother’s
boyfriend who was not living in the child’s home,
boarder in home, parent of childhood friend,
employer, babysitter), (4) community connection
(i.e., priest/minister, counselor, big brother,
psychologist/psychiatrist, doctor/dentist,
teacher/principal, guard, coach), or (5) stranger
(Giroux, Chong, Coburn, & Connolly, 2018).
The increasing number of child sexual abuse
cases not only affects the life of children themselves,
but also affects the state development. The Minister
for Women Empowerment and Child Protection,
Yohana Yembise, says children are an asset to
national development and should be fully protected
(Elshinta.com, 2016) Thus, to handle cases child
sexual abuse, six ministries are involved including
the Coordinating Ministry for Human Development
and Culture, the Ministry of Health, the Ministry of
Social Affairs, the Ministry of Foreign Affairs, the
Ministry of Home Affairs, and the Ministry of
Justice and Human Rights (Noviyanti, 2016).
Existing social problems, for example, child sexual
abuse in fact associated with increased risk for
sexually transmitted diseases including HIV.
Evidence linking violence against women and HIV
has grown, including on the cycle of violence and
the links between violence against children and
women (Sommarin, Kilbane, Mercy, Moloney-Kitts,
& Ligiero, 2014).
In the study of social development, there is
evidence of the negative economic impact for the
country from the cases of sexual violence against
children. The present study provides an estimate of
the U.S. economic impact of child sexual abuse.
Costs of it were measured from the societal
perspective and include health care costs,
productivity losses, child welfare costs,
violence/crime costs, special education costs, and
suicide death costs (Letourneau, Brown, Fang,
Hassan, & Mercy, 2018). In India, child sexual
abuse is a serious and widespread problem in India.
The factor of child sexual abuse comes from socio-
culture and family (Carson et al., 2013). It also
happened in Australia. Few studies have attempted
to quantify the economic and social costs associated
with child maltreatment including also child sexual
abuse (Mccarthy et al., 2016).
In the context of legislation policy, child
protection is regulated in Law Number 23 of 2002
regarding Child Protection. The presence of this law
is actually not the first to attend but has been
preceded by some legal products such as Law
Number 4 of 1979 on Child Welfare and Law
Number 39 of 1999 on Human Rights. However, in
the practice, the mentioned law products regulate
only certain matters concerning children, and in
particular, have not regulated all aspects related to
child protection. The whole aspect of child
protection seems to be a central point in
consideration of the presence of the law. The
Formulative Policy on Criminal Acts of Sexual Violence Against Children as the Guarantee Implementation of Child Rights Protection in
Indonesia
53
explanatory section of the law products mention that
a child is a mandate as well as a gift from the
one and only God, whom we must always take
care because within a child inherent is dignity
and rights as a human that we must look up
upon. Child basic rights are a part of human rights
contained in Constitutions of 1945 and in
Convention of United Nations on child’s rights.
From the side of state and civic life, a child is the
country’s future and generation that carries on the
state’s aspirations, so every child is entitled to live,
grow, develop, and participate and also entitled to
be protected from violence and discrimination as
well as entitled to enjoy civic rights and freedom
(Undang-Undang Nomor 23 Tahun 2002 Tentang
Perlindungan Anak).
In the explanatory section of the law products,
it is mentioned that although Law Number 39 of
1999 on Human Rights has included the rights of
children, the implementation of obligations and
responsibilities of parents, families, communities,
governments, and the state to provide protection to
children still requires a particular law on child
protection as the juridical basis. There is a basic
reason that the establishment of the Law Number 23
of 2002 is based on the consideration that child
protection in all its aspects is part of the national
development activities, especially in promoting the
life of the nation and the state. Thus, there is an
affirmation that the presence of special provisions on
child protection is based on several main points.
First, the presence of the Law Number 23 of 2002 on
child protection is related to the implementation of
the obligations and responsibilities of parents,
families, society, and the state to children. Second,
there is a basic concept that needs to be enforced
that child protection is essentially a part of national
development activities.
The two reasons can be categorized as
normative technical reasons, which affirm the
imperative nature of this provision. It can be said
that there are absolutes to be exercised based on
such considerations. Furthermore, in the second
considerationn affirms, in particular, that this legal
product is about to convey the message of the future
dependence of the state to children. In this case, the
dependency refers to the existence of important
conditions related to the future of the state
dependent on the background of the national
situation at the time of the formulation of the law
concerned. This is the real urgency for the existence
of the legal products related to child protection.
4 THE CRIMINAL
RESPONSIBILITY OF THE
OFFENDERS OF CHILD
SEXUAL ABUSE
Criminal responsibility in principle is a mechanism
used to decide whether a person may or may not be
accountable for a criminal act, by referring to the
elements in the legislation. Related to this,
Moeljatno defines a criminal act as an act that is
prohibited by a rule of law, whose prohibition is
accompanied by a sanction in the form of a certain
penalty for anyone violating the prohibition. The
prohibition is directed against an act (a condition or
an event caused by a persons conduct), while a
criminal penalty is directed against the person who
caused the incident (Moeljatno, 1984).
While Barda Nawawi Arief state that criminal
responsibility contains the principle of culpability,
which is based on the monodualism equilibrium, i.e.
the principle of culpability based on the value of
justice must be aligned with the principle of legality
based on the value of certainty. Although the
concept states that criminal responsibility is based
on culpability, in some cases, it does not rule out the
possibility of vicarious liability and strict liability.
The problem of error, be it in the situation (error
facti) or error in the law in accordance with the
concept is one of the reasons for forgiveness so that
the perpetrator is not punished unless they are to be
blame for their error (Arief, 2001).
Roeslan Saleh mentions that the following three
conditions must be fulfilled if the criminal or the
offender is to be punished. First, the criminal has an
ability to be responsible (toerekeningsvatsbaarheid);
secondly, there is a causal relationship between the
criminal and the action done either in the form of
intent or negligence; and, thirdly, the absence of
excuses for the crime done (Saleh, 1981). These
three requirements are said to be valid as a basis for
criminal responsibility of a person deemed to have
committed a crime. In relation to the ability to be
responsible, we can refer to van Hamels view which
includes three things, namely being able to grasp the
consequences of the action done, able to realize that
the action done is contrary to public order, and able
to determine the will to do (Eddy O.S. Hiariej,
2016).
Related to criminal responsibility of child
sexual abuse, we refer to the Child Protection Law
itself. With such relevance, the Law Number 23 of
2002 on Child Protection actually has a special
section on acts that are categorized as criminal acts
ANCOSH 2018 - Annual Conference on Social Sciences and Humanities
54
in the context of child protection. The articles in this
legal product include 13 articles, which start from
Article 77 to Article 90, respectively.
While specifically for criminal acts related to
sexual violence then actually the Law Number 23 of
2002 has not regulated the matter in details. It seems
that the legislators have not yet had special attention
regarding the sexual violence. Of the 13 previous
articles, there may be only four articles that can be
related to sexual violence crimes, i.e. Article 78,
Article 81, Article 82, and Article 88.
Further, Article 78 explicitly regulates the act of
negligence against a child who needs help including
a child who is sexually exploited. Imprisonment for
this act shall be a maximum of 5 years and/or a
maximum fine of IDR 100 million. Article 81
further affirms the existence of a criminal penalty
for any person who perpetrates violence or threats of
violence, including by craftiness forcing a child to
have sexual intercourse with the person or with
another person. The threat is maximum
imprisonment of 15 years and a minimum of 3 years
(Undang-Undang Nomor 23 Tahun 2002 Tentang
Perlindungan Anak).
Article 82 regulates acts of violence or threats
of violence, coercion, craftiness, lies, or persuading
a child to commit or allow obscene acts in which the
act is punishable by a maximum imprisonment of 15
years and a minimum of 3 years and/or a fine of at
most IDR 300 million and at least IDR 60 million.
Further, Article 88 stipulates that the act of sexual
exploitation of children be threatened with a
maximum imprisonment of 10 years and/or a fine of
up to IDR 200 million.
As time goes by, then Law Number 23 of 2002
is seen as no longer able to meet the needs of
regulation of child protection. Some points in this
legal product are then revised. The Law Number 35
of 2014 is the legal product concerned containing
these important changes. The new law contains of
several new provisions regarding sexual violence:
1. Article 76D juncto Article 81 regulates the
prohibition of violence or threats of violence,
coercion, craftiness, lies, or persuading a child to
have sexual intercourse with the person or with
another person. This action shall be punishable
by imprisonment of a maximum of 5 (five) years
and a maximum of 15 (fifteen) years and a
maximum fine of IDR 5 billion. This punishment
is increased by 1/3 if the perpetrator is a parent,
guardian, child caregiver, educator, or
educational staff.
2. Article 76E juncto Article 82 regulates the
prohibition of violence or threats of violence,
coercion, craftiness, lies, or persuading a child to
commit or allow obscene acts. This action shall
be punishable by imprisonment for a minimum
of 5 years and maximum of 15 years and a
maximum fine of IDR 5 billion.
3. Article 76I juncto Article 88 concerns on the
prohibition of placing, neglecting, doing,
ordering, or participating in economic and/or
sexual exploitation of a child. This act shall be
punishable by imprisonment for a maximum of
10 (ten) years and/or a fine of up to IDR 200
million.
The three provisions on sexual violence are
important as to fill the gap in the previous
regulation. Within this context, there is a more
detailed formulation on what is defined as sexual
violence.
However, there seems that child sexual abuse
cases are not decreasing. Thus, the government feels
the need to amend the Law Number 23 of 2002 for
the second time. This is the reason for the issuance
of the Government Regulation in Lieu of Law
Number 1 of 2016 about the Second Amendment on
the Law Number 23 of 2002 on Child Protection.
The Government Regulation in Lieu of Law Number
1 of 2016 has been set as the Law Number 17 of
2016.
The increasing cases of child sexual abuse in
Indonesia is the only reason for the government to
formulate even harder penalties compared to
penalties in the previous legal products. The option
for chemical castration and installation of electronic
devices on the offenders of child sexual abuse shows
the seriousness of the government to tackle the
matter. Through the Government Regulation in Lieu
of Law Number 1 of 2016, later the Law Number 17
of 2016, it is clear that the government has been
trying to formulate actions considered as criminal
acts measured by the effects of such the actions; this
has not been regulated in the Law Number 23 of
2002 or in its amendment the Law Number 35 of
2014.
For example, death sentence, life imprisonment
or imprisonment of at least 10 (ten) years and 20
(twenty) years at the most presented in Article 81 is
a real action to combat the outbreak of such crime.
Moral sanctions are also formulated, by announcing
the identity of the offender.
Formulative Policy on Criminal Acts of Sexual Violence Against Children as the Guarantee Implementation of Child Rights Protection in
Indonesia
55
5 LEGAL ENFORCEMENT
BARRIERS
The facts show that the above child protection laws
have not maximally reduced the number cases of
child sexual violence; the children, and their family,
are very disadvantaged by this situationand in a
wider scope, the community. The legal protection
has not yet presented through the existing legal
products. In such conditions, the law is deemed
incapable of providing benefits in the life of the
community.
We then have to look for factors making the
implementation difficult to minimize the number of
child sexual violence. As there have been the legal
products, the problem should later refer to other
things. Referring to the concept of legal system
according to Lawrence M. Friedman, the legal
system includes three components, namely:
a. Legal substance are the rules, norms, and
patterns of real human behavior residing within a
system, including the products produced by those
within the legal system, the decisions they make,
or the new rules they compile.
b. Legal structure is a framework, a persisting part,
a section that provides some form and restriction
to the whole law enforcement agencies. The
structure of the legal system in Indonesia, among
others, are institutions or law enforcement
agencies such as advocates, police, prosecutors,
and judges.
c. Legal culture is the mood of the system and the
social forces that determine how the law is used,
avoided, or abused by society (Friedman, 1969).
Soerjono Soekanto mentions several factors to
maximize the legal work force in the community.
The first is the legal factor itself. The second is the
law enforcement factors or those that make up and
enforce the law. The third are facilities that support
law enforcement. The fourth is the community factor
or the environment in which the law is applicable or
applied. The fifth are cultural factors, as a result of
creation and sense based on human initiative in the
social life (Soekanto, 2000).
Failure of the legal products to provide benefits
can be viewed from the substantive aspect,
structures, and even the legal culture in the society
where the law is presented and used. In relation to
the current condition, the main problem is no longer
on the legal substance that includes existing legal
products, but more to the issue of the legal structure.
Law enforcement institutions, both the police and
the prosecutors, can be said to have not maximally
presented individuals suspected as the offenders of
sexual violence in the courtroom with the nil
possibility of escaping punishment. In additin, the
role of judges is very needed i, presenting decisions
that can reveal the existence of justice for the victim
and the family even for the community. On the
specificity of sexual violence, the actual
expectations of the community are so great in
relation to the completion of every case that goes
into the existing law enforcement institutions.
Considering the view of Jeremy Bentham, that
the law in principle is to pursue prosperity and
happiness, then it would seem reasonable (Suhardin,
2007). The law must be able to bring benefits in its
application. Thus, the presence of law should
consider the factor of the will of the community.
Beyond that, law in the context of the social
system must be able to realize justice in society.
Justice is even regarded as the most important goal
of the law. Plato even calls justice as the supreme
virtue, which harmonizes all others (Sutiyoso, 2012).
The fact about law enforcement is that societies
are often held hostage by the issue of legal
procedure that becomes the main basis of law
enforcement. Individuals seeking justice are often
disappointed to deal with the fulfillment of elements
of criminal acts, which actually is the task of law
enforcement officers; this is one of the problems
faced by law enforcement officers. The communitys
disappointment, about the inaction and the inability
of law enforcement resources, has caused people to
be pessimistic about the successful implementation
of the laws and regulations produced by the
government.
The above general conditions seem to have
nullified the purpose of law enforcement itself that is
to uphold justice. Muladi mentions that victims of
crime need to be protected in the context of the
criminal justice system, by prosecution process
therein. The basis of the argument is that the
prosecution process requires the full responsibility
of the penitentiary infrastructure (law enforcement)
in which there are moral demands (philosophically)
and within the framework of the interpersonal
relationship in society (sociologically). The
protection of crime is usually associated with one of
the purposes of criminal prosecution (Sunarso,
2015).
There have also been many problems with the
legal substance. Chemical castration, as mentioned
in the Law Number 23 of 2002, especially through
the second amendment of the Law Number 17 of
2016, in reality is creating such controversy within
the society. One of the questions is who will conduct
such punishment. The Indonesian Doctors
ANCOSH 2018 - Annual Conference on Social Sciences and Humanities
56
Association refuses to be the executor of this
chemical castration. The doctors state that they are
prohibited from using their knowledge to conduct an
action against humanity (Prahassacitta, 2016). The
chemical castration as a form of saction is
essentially seen contrary to the code of ethics of
physicians.
From the context of legal culture, the Indonesian
people in a broad context do not yet have a strong
tradition of protection and law enforcement. The
reluctance to report on a criminal case is the cause of
the difficult handling of such cases. While on the
other hand, the unwillingness arises from a
pessimistic attitude toward the work of law
enforcement. Hard work to maximize the work force
of the current legal system is needed to actually
encourage the decline of this crime rate.
6 CONCLUSION
The presence of legal products that specifically
regulate child protection in reality has not been able
to reduce the number of child sexual abuse cases in
Indonesia up to the present. Meanwhile, the Law
Number 23 of 2002 on Child Protection with its
criminal provisions has not been substantively able
to give suchfearor even a deterrent effect for the
potential individuals of child sexual abuse. The
presence of the Government Regulation in Lieu of
Law Number 1 of 2016, then stipulated as Law
Number 17 of 2016 as the second amendment to
Law Number 23 of 2002, is expected to cover the
substantive weakness. However, in reality this law
product does not have a strong connectivity, as there
are technical issues related to execution.
In addition, there have also been issues related to
the work of law enforcement officials. The public
puts so much expectation on the state-owned law
enforcement officials as to maximize the execution
of these legal products; yet, they seem to have not
been able to do so. Structuring elements of the legal
system becomes very important in relation to efforts
to overcome the cases of child sexual abuse.
Improvement must be made not only in the
legislation, with maximum penalty therein, but also
in the readiness, ability, and even dedication of law
enforcement institutions related to the duty and
responsibility according to their field of work. This
is the common hope we have so the negative
conditions associated with increased sexual violence
in this country can be resolved soon.
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