Law Enforcement of Incest Sexual Violence Against Biological Children Viewed from Criminology

DOI

10.2991/978-2-38476-325-2_31How to use a DOI?

Keywords

Incest; Sexual Violence; Criminology; Law Enforcement

Abstract

The increasingly complex and rapid development of society has led to more and more deviations in the distribution of one’s sexual desires. One form of sexual deviation or disorder is incest. Incest is a sexual relationship committed by 2 (two) people who are still related or related by blood or marriage, where the average victim is a child. This study aims to answer two things, first, how is the regulation of the crime of incest sexual violence against biological children in terms of criminology? Second, how are the efforts of law enforcement against cases of incest sexual violence on biological children? The research method used is socio legal research because it aims to examine the perceptions and legal behavior of people that occur in the field. The results showed that cases of incestuous sexual violence against biological children that occurred in the city of Samarinda, East Kalimantan, were caused by the factor that the perpetrator did not have the ability to refrain from these deviant events, this is in accordance with the theory of social control in criminology. The efforts of law enforcers in dealing with the crime of incest sexual violence, especially law enforcers from the police and the prosecutor’s office, have sought law enforcement both for the perpetrator and the victim, and carried out prosecution in accordance with applicable laws, both protection for the victim/child and imposition of punishment for the perpetrator. Three cases of incestuous sexual violence against biological children that occurred in Samarinda are subject to criminal sanctions in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Rika Erawaty
AU  - Rini Apriyani
AU  - Emilda Kuspraningrum
AU  - Mahendra Putra Kurnia
AU  - Rena Fajriana Bahar
PY  - 2024
DA  - 2024/12/19
TI  - Law Enforcement of Incest Sexual Violence Against Biological Children Viewed from Criminology
BT  - Proceedings of the ASEAN Conference on Sexual Exploitation of Children (ACOSEC 2024)
PB  - Atlantis Press
SP  - 272
EP  - 280
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-325-2_31
DO  - 10.2991/978-2-38476-325-2_31
ID  - Erawaty2024
ER  -