Comparative Study of Death Penalty Against Crimes of Sexual Violence in Children and Causes of Crimes of Sexual Violence in View of Differential Association …

SS Shafira, HA Hakim, AC Camo - Law and Justice, 2023 - journals2.ums.ac.id
SS Shafira, HA Hakim, AC Camo
Law and Justice, 2023journals2.ums.ac.id
Sexual violence against children is considered a very serious crime in Indonesia, the
government imposes the death penalty for perpetrators of such crimes. However, despite the
implementation of the death penalty, the number of cases of sexual violence against
children has not fully decreased. Therefore, the factors causing sexual violence against
children must be studied in depth. This research aims to explore the comparison of the
application of the death penalty in Indonesia with countries that do not apply it in cases of …
Abstract
Sexual violence against children is considered a very serious crime in Indonesia, the government imposes the death penalty for perpetrators of such crimes. However, despite the implementation of the death penalty, the number of cases of sexual violence against children has not fully decreased. Therefore, the factors causing sexual violence against children must be studied in depth. This research aims to explore the comparison of the application of the death penalty in Indonesia with countries that do not apply it in cases of sexual violence against children and to find the factors causing such crimes using the differential association theory. The research method used is normative research with a statute and comparative approach. The object of research is a comparative study of the death penalty for sexual violence against children and the factors causing sexual violence viewed from the differential association theory. While secondary data comes from books, journals, and legal case studies. Data analysis was conducted using descriptive qualitative methods. The findings show that the death penalty for sexual violence against children in Indonesia has been regulated in Law Number 1 of 2023 and its implementation has also been carried out in several countries such as India, and China. However, there are countries such as Norway, the Netherlands, and Canada that did not impose the death penalty. The need for legal certainty toward the death penalty emerges from an increase in sexual offenses committed against minors.
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