Peran Jaksa Pengacara Negara dalam Proses Penegakan Hukum Terhadap Anak Korban Pemerkosaan Bapak Kandung di Kejaksaan Negeri Way Kanan

Abstract

The rape of a child by her biological father constitutes a form of intrafamilial sexual violence (incest) that causes severe physical, psychological, and social consequences for the victim. Law enforcement in such cases should not merely focus on punishing the perpetrator but must also ensure the protection and restoration of the victim's rights. This study aims to analyze the role of the State Attorney (Jaksa Pengacara Negara) in the law enforcement process concerning child victims of rape committed by their biological fathers at the Way Kanan District Prosecutor's Office and to examine the factors affecting the implementation of that role. This research employed an empirical juridical approach through field research supported by library research using a descriptive qualitative method. Primary data were obtained through interviews and document analysis, while secondary data were collected from court decisions, statutory regulations, and relevant legal literature. The findings reveal that the State Attorney plays a strategic role in supporting legal protection for child victims by providing legal assistance, legal opinions, other legal actions, and inter-agency coordination to ensure the fulfillment of victims' rights, including legal assistance, rehabilitation, identity protection, and restitution. An analysis of Court Decisions Number 4/Pid.Sus/2025/PN Bbu, Number 12/Pid.Sus/2025/PN Bbu, Number 47/Pid.Sus/2025/PN Bbu, and Number 126/Pid.Sus/2025/PN Bbu demonstrates that all cases involved the abuse of parental authority by biological fathers or stepfathers against their children. The study also finds that the effectiveness of the State Attorney's role is influenced by supporting factors, including comprehensive child protection legislation, the commitment of law enforcement officers, and effective inter-agency cooperation, as well as inhibiting factors such as victims' psychological trauma, limited evidence, inadequate family awareness of victims' rights, insufficient professional support personnel, and geographical constraints within Way Kanan Regency. Therefore, strengthening inter-agency coordination and optimizing victim protection mechanisms are essential to achieving a more effective child protection system based on the principle of the best interests of the child.