Tindak Pidana Kekerasan Seksual Inses pada Anak dalam Hukum Positif Indonesia

Abstract

The present study explores the phenomenon of incest, defined as a forbidden marital or
relational alliance wherein individuals engage in matrimonial or sexual relations due to
consanguinity or close familial ties. Incest is categorized within the realm of familial abuse
or domestic violence, encapsulating acts wherein individuals coerce or compel their kin into
engaging in sexual activities. The primary objective of this research is to furnish readers
with a comprehensive comprehension of incestuous sexual violence against minors,
elucidating the causative factors, typologies, repercussions on child victims, and the
therapeutic interventions available for both victims and perpetrators. Employing a legal
research paradigm with a normative juridical research approach, this investigation
primarily relies on library studies or document analyses centered on written statutes and
other legal materials. The factors contributing to incestuous incidents are discerned
through an internal-external dichotomy, whereby internal factors pertain to the
psychological instability of the offender, and external factors relate to residing in a familial
milieu characterized by low socio-economic conditions. Children subjected to incestuous
sexual violence often manifest profound behavioral alterations. Consequent adverse effects
may include early pregnancies, with associated risks of abortion, and progeny resulting
from incestuous unions are predisposed to heightened probabilities of physical and mental
disabilities. Consequently, it is imperative to foster collaboration among social institutions,
the community, the state, and familial units to proactively prevent and address incidents
of incestuous sexual violence.