Legal Protection of Women and Children: Identifying Gaps in Law Enforcement Practices

Abstract

This article critically analyzes the gaps in the legal protection system for women and children in Indonesia, highlighting the disparity between the law envisioned (law in the books) and the law in action. Although a relatively comprehensive legislative framework exists encompassing the Child Protection Law, the Elimination of Domestic Violence Law (UU PKDRT), the Sexual Violence Crime Law (UU TPKS), and the ratification of international instruments such as CEDAW and the CRC, its implementation in law enforcement practice still faces significant challenges. This is reflected in data from SIMFONI PPA and the National Criminal Information Center of the Indonesian National Police Criminal Investigation Department (Pusiknas Bareskrim Polri), which show high rates of violence against women and children but low rates of case resolution through formal legal channels. This study uses a normativejuridical method with a statute approach and a conceptual approach to examine the internal consistency and vertical and horizontal synchronization among regulations related to the protection of women and children, based on secondary data in the form of legal literature and relevant laws and regulations. The results of the study indicate regulatory disharmony, including tension between the Domestic Violence Law and the Criminal Code (KUHP) in viewing domestic violence, as well as philosophical clashes between the Juvenile Criminal Justice System Law, which prioritizes restorative justice for child perpetrators, and the Child Protection Law and the TPKS Law, which demand a deterrent effect for perpetrators, as seen in the case study of child molestation in Karawang (2025). In addition, limited access to justice was found due to the high cost of litigation and the disparity in the capacity of assistance services (UPTD PPA) across regions, gender bias that is still inherent in the Investigation Report (BAP) process which has the potential to cause secondary victimization, as well as gaps in the capacity of law enforcement officers in responding to digital-based sexual violence amidst increasing reports of cyber violence. This article recommends the need for regulatory synchronization to close the space for Legal Protection of Women and Children … (Dorprawati Siburian) 484 LICS 2026 Topic: Strengthening Legal Frameworks for Combating Human Trafficking and Enhancing Protection of Women and Children legal dualism, strengthening the victim's perspective in the judicial process through gender-responsive officer training, strict limitations on the discretionary space for diversion in sexual violence crimes, equitable distribution of infrastructure and legal service budgets to remote areas, and a shift in the law enforcement paradigm from a retributive approach to a restorative approach oriented towards victim recovery as the primary indicator of substantive justice success.