Child Protection Act and Protection of Vulnerable Children

Abstract

Children are the next generation and a crucial foundation for the nation's future development. However, there is a significant gap between comprehensive national regulations and the empirical reality of child protection in Indonesia. This study examines the legal framework of the Indonesian Child Protection Law and the state's constitutional obligations towards vulnerable children. Using juridical-normative research methods and descriptive-qualitative analysis of secondary legal materials, this paper examines the structural and cultural barriers that hinder the effective implementation of child protection laws. The study's findings indicate that although Indonesia has a variety of legal instruments, their effectiveness is severely hampered by weak law enforcement mechanisms, limited resources, and strong sectoral egos among law enforcement officials and social institutions. Furthermore, child protection practices often tend to be reactive and repressive rather than prioritizing preventive and rehabilitative efforts. The study concludes that fulfilling the absolute constitutional mandate regarding child protection requires a fundamental shift towards the principle of "the best interests of the child," a transition towards restorative justice, and structural deconstruction that shifts state obligations from mere rhetoric of compassion to strategic macro-national development policies.