LEGAL PROTECTION OF THE CHILDREN ON VIOLENCE BY THE PARENTS (A Study in Demak)

The criminal act of domestic violence is very common talk among the public. Domestic violence often occurs due to several factors, among which are economic factors that occur in the household as was the case between husband and wife or parents and children. The method used is the juridical methods of sociology with emphasis on research that was done on the real state of society. Research shows that the legal protection of children as victims of criminal acts of violence committed by parents in the region, namely Demak amicably and legal action.


A. INTRODUCTION
In essence, the family and the household is first and foremost a place for the child's mental development and formation of personality which is then refined by the school and the surrounding environment (social) in which children grow and develop.In Islam stated that the duty of parents is to fulfill everything that her child needs both in the form of material and immaterial form of love and affection that is a major factor in the formation of the child's personality.
Many parents think child abuse is normal.They assumed a violent manner is a way to discipline children.They forget that the parent is the person most responsible for seeking the welfare, protection, increased survival, and optimize the development of the child.Domestic violence often occurs, but it is always concealed or covered up by families or by victims.Generally, the victims are the perempun and child, which both parties regarded as weak and do not have special privileges even to defend himself in front of the other party as a husband and father.Domestic violence contain specifications or specificity lies in the relationship between the offender and the victim, the relationship kekelurgaan or employment relationship (Helper).
Behavior or criminal offenses committed on an individual basis according to John Conrad in his Yasmil can be grouped as follows: 1. Child abuse is any act that injures and adverse physical, mental, and sexual abuse including insults include; neglect and mistreatment, exploitation and including sexual exploitation and trafficking or sale of children.Of the causes of violence against children that occurred, including the first, the emergence of domestic violence.Secondly, the occurrence of family dysfunction, which is the role of parents is not running as seharusnya.Ketiga, economic factors, namely violence arising from economic pressure.Depressed economic conditions pressed by the family is a factor that a lot happened.
The criminal acts of domestic violence are included in the category of crimes against human dignity and honor.These criminal acts are also bad for the victims, especially in this case of child victims, so that the child can be traumatized and personally make a closed environment.Violence perpetrated leads to behavior that violates the law, whether in the form of threat or action which has consequences or damage to property or physical or causes death to a person.
Based on the function of the law, as a means of social control, any regulations governing the levy was created to run in accordance with the purpose and meaning contained.Society as the party required to comply with legal regulations.Child protection efforts need to be implemented as early as possible, ie, since the fetus in the womb until the child is aged 18 (eighteen) years.In doing coaching, development, and protection of children, religious institutions, non-governmental organizations, community organizations, social organizations, businesses, media, or educational institution. 2egal protection is the protection of the dignity will, srta recognition of human rights that are owned by the legal subject under the provisions of the law of arbitrariness or as a set of rules or rules that would be able to protect something of other things.In connection with the consumer, the law provides protection to the rights of the customers of something which has resulted in the fulfillment of these rights.According Setiono, legal protection is an act or an attempt to protect the public from arbitrary actions by the authorities are not in accordance with the rule of law, to bring order and peace so as to enable people to enjoy dignity as human beings. 3ccording to Barda Nawawi Arief, the legal protection of children is a legal safeguard against the freedoms and rights of children (fundamental rights and freedom of children) as well as the various interests related to the welfare of children. 4 Child protection is a joint activity aimed at seeking security, procurement and fulfillment of spiritual and physical welfare of children in accordance with their interests and their human rights.Based on the description of the background mentioned above, how the legal protection of children as victims of criminal acts of violence committed by parents in the jurisdiction of Demak Police Officer?
This study is the sociological juridical approach, namely legal research using secondary data as the data initially, followed by a primary data or data field on the effectiveness of the law, the relevant law does not concessioned as a symptom of the normative autonomous, but a social institution that is the real deals with social variables. 5ollecting data that consists of the study of documents, observation (observation), and interviews with the analysis conducted in this paper is a qualitative analysis, ie ordinances research that produces descriptive data analysis, that is what is obtained from the research literature researched and studied as a whole ,6 B. DISCUSSION

Legal Protection Against Children As Victims of Crime of Violence
Conducted By Parents at Demak Jurisdiction Many people find it difficult to understand why someone would hurt her own child.People often assume that people who abuse their child had a mental disorder.But many abusers actually loved her children but tend to be less patient and less mature mentally in human resources (HR).Characters like these make it very difficult to meet the needs of children and increases the likelihood of physical violence or emotional.However, no thorough explanation about child abuse.
The occurrence of child abuse can be caused by the condition and behavior of children that the child sendiri.Kondisi example: children suffering from developmental disorders, dependence of children on the environment, the child has a disability, behavioral disorders, children with deviant behavior and personality types of the child's own.
According to the results of Demak public complaints about violence against children committed by parents who have been accepted by the Police Demak this along, it can be concluded that the causes of violence against child which occur are: 1. Domestic violence, which occurs in the family violence involving both the father, mother and brother were lainnya.Kondisi cause the inevitability of violence occurred also in children.Kids  1.Any person who violates the provisions in Article 76C shall be punished with imprisonment of three (3) years and 6 (six) months and / or a fine of not more Rp72.000.000,00(seventy two million).2. In the case of children as mentioned in paragraph (1) serious injury, the offender shall be punished with imprisonment of 5 (five) years and / or a fine of Rp 100,000,000.00(one hundred million rupiah).3.In the case of children as mentioned in paragraph (2) dies, the offender shall be punished with imprisonment for a period of 15 (fifteen) years and / or a fine of Rp3.000.000.000,00(three billion rupiah).4. Criminal plus one-third of the provisions referred to in paragraph (1), ( 2 In resolving problems and violence perpetrated by parents against their children should prioritize pathways kekelurgan first if on the part of tau perform an action a mistake and promised not to repeat his actions again because there will cause a lot of factors if a little should be brought to trial , It will also affect the child's mental and psychological factors related to their parents to support the child's future.Efforts criminal is the last effort as an ultimatum to parents that could change in attitude towards the child, but if one day they repeated the same act against his party Demak will immediately take legal action. Preferred criminal punishment is the perpetrator's parents as a form of responsibility of acts committed against children by many years in prison, the victim (child) can only receive the retaliatory action by the sentencing judge is given to the perpetrators.After obtaining a verdict that is incracht of the court, the child as a victim is returned to his parents / relatives without rehabilitated.Then, in medical terms, such as the treatment (if there is a physical injury), and vise children as victims bear the cost themselves.In this case the child does not receive compensation as restitution or compensation and other legal aid. 9egal protection is one way of Indonesia to recognize rights of citizens as stipulated in the Constitution of the Republic of Indonesia in 1945 9 Ibid.
(hereinafter referred to as the Constitution NRI 1945), Article 28 to Article 28 J.This proves that the state guarantee the protection of its citizens in order to achieve the desired aim that the state kesejahteraan.Warga referred in it are children.Article 28 B (2) Constitution NRI of 1945 states that "every child has the right to live, grow and develop and are entitled to be protected from violence and discrimination."The right to survival and growth and development as well as protected from violence and discrimination children's rights are protected by the Constitution NRI 1945.
Indonesia as a country that upholds the values of law, has a lot of rules relating to the protection of children against violence which has been enacted by the mandate of Article 28 B of paragraph 2 of the constitution NRI convention of 1945 and the United Nations in 1990, namely: First, Article 52 paragraph 1 of Act.No.39 of 1999 on Human Rights (hereinafter referred to as the Law of Human Rights) states that "every child is entitled to protection by parents, families, communities and countries", then article 66 paragraph 1 confirms that "every child has the right to not be subjected to persecution, torture or inhuman punishment."Second, Act 35 of 2014 on Protection of Children (hereinafter referred to as the Child Protection Act) set more specific about the legal protection of children.Under the general provisions of Article 1 point (2) of the Law on Child Protection, explained that the state, the government, communities, parents and families are required to ) and (3) if the person who committed abuses His parents.Because of the violence against your are parents themselves, then we refer to Article 76C jo.Article 80 paragraph (1) jo.Article 80 paragraph (4) of Law 35 of 2014 regarding Child Protection That is, the threat of imprisonment meted out to her parents is plus one-third of imprisonment and / or criminal penalties referred to in Article 80 (1) of Law 35/2014.

LEGAL PROTECTION OF THE CHILDREN ON VIOLENCE Jurnal Pembaharuan Hukum BY THE PARENTS (A Study in Demak
Sugiharto converted into Act.No.35 of 2014 on Amendments to the Law on Child Protection and Act.No.23 of 2004 on the Elimination of Domestic Violence, but in fact violence against children in the household are still common. ) Volume V No.1 April -Agustus 2018 Jehan Bestari Amartiwi;