A Review of Legal Protection for Children Experiencing Violence in Positive Law in Indonesia

Abstract

The research objectives in this study: 1) To determine the legal protection for children who experience violence in positive law in Indonesia today; 2) To determine what are the obstacles and solutions to legal protection for children who experience violence in positive law in Indonesia today. This research uses a normative juridical approach, with a descriptive analytical research method. The data used are primary and secondary data, which will be analyzed qualitatively. The research problem is analyzed using the theory of legal objectives and the theory of punishment. The results of the study concluded that: 1) Legal protection for children experiencing violence in positive law in Indonesia currently that although there are laws and regulations designed to protect children, their implementation still faces various challenges. Law No. 35 of 2014 concerning Child Protection, although it has provided a strong legal basis, has not been fully effective in addressing the significant increase in cases of violence against children; 2) Obstacles to legal protection for children experiencing violence in positive law in Indonesia are the lack of trained human resources, limited budget, weak coordination between institutions, and social stigma that prevents victims from reporting cases of violence. In addition, there are difficulties in collecting information from suspects and victims, low parental awareness that hinders the collection of evidence. In addition, there is a problem of low awareness among law enforcement, the government, and the community that child perpetrators are also victims of the state system. The solution: the government should strengthen the implementation of the law by increasing training for law enforcement, expanding the budget for child protection services, and improving coordination between related institutions. The community also needs to be empowered through awareness campaigns and education about children's rights and the importance of reporting violence. Non-governmental organizations should continue to expand their support, both in the form of direct services to victims and policy advocacy. Furthermore, efforts to address the social stigma that prevents victims from reporting violence should be part of prevention strategies.