Abstract

Children as pedophilia victims need to get legal protection, this research aims to know the legal protection of pedophilia victim based on Law Number 35 Year 2014 about Children Protection, weakness in execution of legal protection to children as pedophilia victim, and ideal concept to legal protection of child pedophilia victim based on Law Number 35 Year 2014 on Child Protection. The method used was the sociological juridical approach. The sources of data research were primary and secondary data. Primary data were obtained by conducting free, guided interviews. The respondents were gained by using non random sampling technique; they were members of non-governmental organizations that handle pedophilia victims and judges who handle pedophilia cases. The data obtained were analyzed by qualitative method. The results of the normative pedophile casualty protection research are set out in Law No.35 of 2014 on Children Protection, Article 15 letter f. Every child has the right to be protected from sexual crimes, and in Article 20, the state, government, local government, community, family, and parent or guardian shall be responsible for the organization of children protection. However, the rights of the victims in the implementation of the criminal justice process are still neglected, the victim as the injured party only functioned as an object of proof, the importance of expert assistance and other rights are often ignored. The weakness of legal protection against the victims is the absence of sanctions or restitution and in the implementation of the judiciary is more oriented to offender. The existence of victims is subordinated and eliminated as risk secondary victimizations in the work of criminal justice. The ideal conception of Law No. 35 of 2014 requires the addition of sanctions for redress or restitution, and the role of family, government, community and non-governmental organizations to protect child victims of pedophilia.