强奸罪被害人的法律保护

Evi Yulianti, Achmad Sulchan
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引用次数: 1

摘要

本研究的目的是识别和分析强奸犯罪中受害者的法律保护,并识别和分析强奸犯罪中受害者法律保护的障碍和解决方法。本研究采用了一种规范性的司法方法,在这种情况下,这种方法涉及对强奸罪受害者的法律保护,具有描述性分析研究规范。所使用的数据是主要和次要数据,将进行定性分析。运用执法理论、法律确定性理论和伊斯兰正义理论对研究问题进行了分析。研究结果的结论是,保护强奸罪的受害者除了经历身体上的痛苦之外,还经历了需要很长时间才能恢复的心理痛苦。考虑到强奸罪受害者所遭受的痛苦并不轻,需要很长时间才能恢复,执法人员有义务为强奸罪受害者提供保护。在解决刑事案件过程中对受害者权利的法律保护中出现的障碍:a)犯罪分子本身,其中犯罪行为人非常擅长犯罪以至于不被抓住或不被抓住;b)社会的态度,在处理发生在其环境中的犯罪时,社会的态度是冷漠的,从而使人们在处理发生的犯罪时不那么敏感;(三)由于行为人经济能力的限制,行为人给予受害人的赔偿不符合受害人的期望;d)对于刑事案件中的非物质损失,则不能这样做。强奸罪被害人法律保护的解决之道是强奸罪被害人的康复。
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Legal Protection Of Victims In The Crime Of Rapes
The purpose of this study is to identify and analyze the legal protection of victims in the crime of rape, and to identify and analyze the obstacles and solutions to the legal protection of victims in the crime of rape. This study uses a normative juridical approach, which in this case relates to the legal protection of victims in the crime of rape with descriptive analytical research specifications. The data used are primary and secondary data which will be analyzed qualitatively. The research problems were analyzed using law enforcement theory, legal certainty and Islamic justice theory. The results of the study concluded that the protection of victims of the crime of rape in addition to experiencing physical suffering also experienced psychological suffering which took a long time to recover. Considering that the suffering experienced by the victims of the crime of rape is not light and it takes a long time to recover, the law enforcement officers are obliged to provide protection for the victims of the crime of rape. The obstacles that arise in the legal protection of the rights of victims in the process of resolving criminal cases: a) The criminals themselves, where the perpetrators of the crime are very good at committing crimes so that they are not caught or not caught; b) The attitude of the community, where the attitude of the community is indifferent in dealing with crimes that occur in their environment, so that people are less sensitive in dealing with crimes that occur; c) The compensation given by the perpetrator to the victim is not in accordance with what the victim expects because of the economic limitations of the perpetrator of the crime; d) For immaterial losses in criminal cases it cannot be done. The solution to the legal protection of victims in the crime of rape is the rehabilitation of victims of the crime of rape.
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