Legal Literacy - This article discusses legal protection efforts for children as victims of sexual abuse by educators, as well as prevention strategies that can be carried out by parents, education staff, law enforcement officials, and the government in handling cases of sexual violence in schools.
Immoral acts continue to be committed by irresponsible individuals, especially in schools, with educators as perpetrators and students as victims. This article contains information about legal protection efforts for children as student victims of sexual abuse by educators, as well as efforts to prevent sexual violence in schools that can be carried out by parents/guardians, teachers/school parties, law enforcement officials, and the government by paying attention to current conditions.
Violence is an act against a person that causes physical, mental, sexual suffering, or neglect, including threats, coercion, or unlawful deprivation of liberty. Sexual violence is an act that degrades, insults, harasses, or attacks a person's body and reproductive functions due to unequal power and/or gender relations, which can cause physical or mental suffering, including disturbances to reproductive health. Some forms of sexual violence include discriminatory or physically harassing behavior or speech, touching, stroking, groping, holding, or rubbing a person's private body parts, taking, stalking, or distributing sexually suggestive photos or videos without consent, and persuading, promising, or offering unapproved sexual activity. Sexual violence also includes all forms of coercion without sexual consent.
Sexual violence against children in schools is increasingly prevalent, as evidenced by the many reports of sexual relations between educators and students in electronic and social media. One case resembling this occurred to a 12th grade student from MAN 1 Gorontalo Regency, who was a victim of sexual relations with his teacher. According to AKBP Deddy Herman, Gorontalo Police Chief, this case began with the victim being an orphan and receiving special attention from the suspect DH, which made the victim feel comfortable and consider DH as a father figure. The love affair between the perpetrator and the victim was revealed through the confession of the victim, witnesses, and the perpetrator since 2021. Brigadier Pol Jabal Nur from the PPA Investigator of the Gorontalo Police revealed that since 2023, the suspect DH began to take more extreme actions against the victim.
In January 2024, the suspect began to have sexual intercourse with the victim, which then caused the victim to experience trauma, fear, and shame. This case went viral, and the perpetrator was charged with Article 82 paragraph (1) and paragraph (2) juncto Article 76E Law No. 35 of 2014 concerning Child Protection, as well as Article 64 paragraph (1) of the Criminal Code. The suspect faces a maximum prison sentence of 15 years and a maximum fine of Rp5,000,000,000.00. In addition, according to Article 82 paragraph (2), the suspect faces an additional sentence of one-third of his criminal sentence because he is an educator.
Legal protection for children as victims of sexual violence is regulated in the Child Protection Law, which aims to guarantee and protect children so that they can live, grow, and develop optimally, and receive protection from violence and discrimination. This legal protection effort includes psychological and physical rehabilitation of victims. Based on Article 59A of the Child Protection Law, victims of sexual crimes are included in the category who are entitled to special protection, such as a guarantee of security during the growth and development process. Article 69A stipulates that special protection efforts can be carried out through:
- Education about reproductive health, religious values, and morality;
- Social rehabilitation;
- Psychosocial assistance during treatment until recovery; and
- Providing protection and assistance at every stage of the examination, from investigation to trial.
Overall, the legal protection regulated in the Child Protection Law can be more effective if accompanied by prevention efforts by parents, education staff, and the government. Parents can prevent sexual violence by providing early sexual education, maintaining openness with children, supervising children's daily activities, and teaching religious values. Education staff can help through a curriculum that encourages positive behavior, working with the local health and PPA services to provide counseling, and forming a sexual violence task force in schools. The government also plays an important role by conducting visits and outreach about sexual violence in schools, as well as enforcing the law to provide a deterrent effect to perpetrators of sexual violence.
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