International Journal of Advanced Multidisciplinary Research and Studies
Volume 2, Issue 6, 2022
Termination of Investigation by Investigators of the Crime of Sexual Intercourse Against Children: A Study in the Pidie Jaya Resort Police Jurisdiction
Author(s): Siti Farahsyah Addurunnafis, Rizanizarli, Suhaimi
This study examines the factors that led to the termination of the investigation into the criminal act of sexual intercourse with children in the jurisdiction of the Pidie Jaya Resort Police and the legal steps taken to obtain justice for victims of sexual intercourse with children who were terminated by investigators. The research method used is empirical juridical in nature, with the results showing that the factors causing the investigation by investigators to stop the crime of child intercourse are (1) the elements of Article 76D of Law Number 23 of 2002 concerning Child Protection are not fulfilled as amended by Law Invite No. 35 of 2014 concerning Child Protection (hereinafter referred to as the Child Protection Law; (2) lack of witnesses, there were no witnesses who saw the incident of intercourse directly; (3) the long period of the incident; (4) unable to confirm whose genitalia has damaged the victim's hymen. The effort that can be taken to obtain justice for victims of sexual intercourse with children by stopping the investigation is to use the Pretrial route so that the judge can judge whether it is legal or not to stop the investigation by investigators from the Pidie Jaya Resort Police.
Keywords: Sexual Intercourse with children, Termination of Investigation
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