Juridical Analysis of Judges' Decision Number 42 / Pid / 2017 / Pt Bjm Against Case of Women as Victims of Criminal Actions of Sexual Violence Reviewing Article 184 Paragraph (1) Jo. Article 187 Letter c KUHAP

HERI, SAIFUL (2019) Juridical Analysis of Judges' Decision Number 42 / Pid / 2017 / Pt Bjm Against Case of Women as Victims of Criminal Actions of Sexual Violence Reviewing Article 184 Paragraph (1) Jo. Article 187 Letter c KUHAP. Undergraduate thesis, UNIVERSITAS 17 AGUSTUS 1945.

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Abstract

The more increasing the number of violence against women in particular, sexual violence, of course this is a special concern for the government to resolve the issue. The facts that occur on the ground are many women who have not been victims of sexual violence, where they have not yet taken a fair process and victims often do not report the incident because of their shame and law enforcement officials cannot process this case if there are no reports from the parties victim. The Banjarmasin High Court acquitted the defendants where the public prosecutor could not prove the charges filed. Where in the process of proving the panel of judges ignored the evidence provided by experts. The evidence is a legitimate piece of evidence according to the Criminal Law Act based on Article 184 paragraph (1) jo. Article 187 letter c and the form of protection against victims is very very minimal given to victims which in the provisions of Article 5 paragraph (1) of Law Number 13 of 2006 concerning Witness and Victim Protection regulates the provisions of rights to be given to victims but this completely ignored. The results of this writing indicate that the panel of judges in the decision has ignored evidence in the form of a statement as contained in the public prosecutor's indictment. and which women as victims of sexual violence should have the right to receive legal protection at the court level and be free from the questions of the panel of judges whose characteristics discredit victims as stipulated in positive law in Indonesia.

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