Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-4 | Issue-05 | 272-278
Original Research Article
Reconstruction of the Legal Definition of Children to Protect Sexual Violence Victim with Intellectual Disabilities Based on Justice Insight
Andrie Irawan, I Gusti Ayu Ketut Rachmi Handayani, Sri Kusriyah
Published : May 4, 2021
Abstract
This study aims to determine the weaknesses of regulations regarding child protection for persons with intellectual disabilities who are victims of sexual violence in Indonesia and to reconstruct the meaning of children in order to protect the rights of persons with intellectual disabilities who are victims of sexual violence in Indonesia. This study uses a constructivism paradigm based on literature review with juridical research methods. The results showed that the laws and regulations on child protection regarding the age limit of children are that it only refers to international conventions, without paying attention to the existing living laws in Indonesia, namely Customary Law and Islamic Law. Third, the reconstruction of mental age norms in the Child Protection Law can be further developed by making norms in the form of the draft of Article 1 point 1a that states that a child is someone whose mental age is under 18 (eighteen) years old according to a psychological expert's examination, for a person with intellectual disabilities as a victim of violence, the basis for the application of this norm is juridically existed in Article 28H paragraph 2 of the 1945 Constitution and socio-philosophically, through the theory of social justice developed by John Rawls with the principle of fair equality of opportunity.