Are there legal consequences from procedural mistakes in handling child sexual abuse victims in Indonesia?

Abstract

The alleged rape case of a child at East Luwu in 2019 was terminated due to lack of evidence. Because of the news from mass media, the case was reopened in 2021 but was obstructed due to the need to wait for new evidence. This article does not discuss the evidence but highlights the procedure for handling child sexual victims that are used by several institutions. There are several institutions that can be involved in helping accompany and handle cases involving children as victims. At regional levels, there is the Integrated Service Center for the Empowerment of Women and Children (P2TP2A) whose duty is to give information, consultation on psychology and law, accompaniment and advocation, and services on medication and shelter. And the National Police of the Republic of Indonesia has the authority to start handling a criminal case. According to news from Vice.com, the case at North Luwu was originally reported by the victim’s mother to The Integrated Service Center for The Empowerment of Women And Children East Luwu. The officer then summoned the victim’s father who was the suspect. The officer reasoned that the mother’s report needed to be confirmed. The victim’s mother then reported the case to East Luwu Police Station. The police did an investigation, without the parents, law advisors, social workers, or even psychologists. This case then snowballed, and the evidence was put into question, without many highlights to the handling procedure that was used by The Integrated Service Center for The Empowerment of Women And Children officers and police force. How should the procedure on handling the child sexual victim have been done? If a mistake in the handling procedure occurred, are there any legal consequences? This article was developed as normative research, using statutory regulations, research results, and the opinion of law experts, as well as case progression from credible mass media.