The Role of Investigators in Law Enforcement of Crimes of Sexual Violence in the Household Perpetrated by Fathers Against Their Children (Case Study of the Brebes Resort Police)

Abstract

Sexual violence is any act of sexual assault directed at women, whether physical or non-physical and regardless of whether or not there is a personal relationship between the perpetrator and the victim. In this case, victims need legal protection, which is an activity to protect individuals by harmonizing the relationship between values or rules which are manifested in attitudes and actions in creating order in social interactions between fellow humans. This thesis aims to examine and analyze: First, the role of investigators in criminal acts of domestic sexual violence committed by fathers against their children. Second, protection of child victims of sexual violence. Third, the obstacles faced in the process of investigating criminal acts of sexual violence in the household committed by fathers against their children. The approach method used in this research is a sociological juridical approach. The research specifications used are descriptive analysis, primary and secondary data sources and using qualitative analysis. This writing analyzes the problems analyzed using the theory of legal effectiveness and the theory of legal protection. Based on the research results, the role of investigators in enforcing the law on criminal acts of sexual violence within the household committed by fathers against children is that after receiving a police report, they carry out a series of investigations and investigative efforts by summoning and examining witnesses and suspects as well as confiscating evidence. For the purpose of law enforcement, after the investigation process is complete with the creation of a case file resulting from the investigation, the Brebes Police PPA Unit police coordinate with the Prosecutor's Office to hand over the case. Legal protection for children as victims of rape. During the investigation process, investigators applied Article 76D in conjunction with Article 81 paragraph (1), paragraph (2) and paragraph (3) of Republic of Indonesia Law Number 23 of 2002 as amended several times, most recently by Law. Republic of Indonesia Number 17 of 2016 concerning the second amendment to Republic of Indonesia Law Number 23 of 2002 concerning Child Protection. Obstacles in the process of investigating criminal acts of sexual intercourse are the difficulty of obtaining information from child victims because they are traumatized by the crime they experienced, there are no witnesses who saw it directly because usually the perpetrator commits the act of sexual intercourse in quiet conditions, and the delay in carrying out the Visum et Refertum and other problems. economics to carry out a Visum et Refertum.