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Agus Panahatan Panjaitan; Adi Putra Prajitna; Ade Nugroho; Agung Ramanto

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The Child Protection Law affirms that the state guarantees children's rights to “protection from violence” as stipulated in the 1945 Constitution. This paper examines child abuse within the framework of Indonesian positive law using a normative approach and legal philosophy (positivism). The focus of the analysis is to what extent legal norms (such as the Child Protection Law, the Criminal Code, the Domestic Violence Law, etc.) align with the values of justice and children's human rights. A normative approach is used to analyze the laws and legal literature, while the philosophical approach, particularly the positivist ideas of Hans Kelsen and H.L.A. Hart, is employed to understand the relationship between legal norms and the concept of justice. The analysis reveals that although child protection regulations exist, their implementation on the ground tends to be legalistic, often neglecting humanitarian and justice elements. This study emphasizes the need for alignment between legal norms and substantive justice and the protection of children's human rights. The implication of this research is the need for a legal policy that is more responsive to children's rights and justice.

Sulis Nurlaila; Nicolo de’Albergati; Muhammad Rifki Nurrasman; Hana Faridah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The phenomenon of victim blaming remains a serious issue in various cases of violence, including family conflicts. Children who experience physical, psychological, or neglect-related abuse often face not only violence but also social stigma that blames them for their circumstances. From a victimology perspective, victim blaming against children in family conflicts occurs due to factors such as patriarchal culture, power imbalances within the family, and a lack of legal awareness regarding children's rights. This study employs a normative juridical method with a qualitative approach to examine the phenomenon of victim blaming against children in family conflicts based on victimology theory. The findings reveal that victim blaming in family conflicts manifests in various forms, including justification of violence against children, minimization of the harm caused, and denial of the perpetrator's role. The psychological and social impacts of this phenomenon are extensive, leading to anxiety, depression, post-traumatic stress disorder (PTSD), and difficulties in forming healthy social relationships. To address this issue, active involvement from families, educational institutions, and child protection organizations is crucial in providing education and advocacy for children's rights. Additionally, victimology perspectives can be utilized to develop policies that support victims, prevent the recurrence of family violence, and minimize the practice of victim blaming against children.

Andini Raehun Putri Sidin; Heryanto Amalo; Rudepel Petrus Leo

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Kupang City is the capital of East Nusa Tenggara province which is inseparable from the case of rape of a father against a biological child. There are several cases including a minor being a victim of sexual violence. Tragically, a student of a junior high school in Kupang became a victim of rape committed by her biological father. The case of adultery committed by the father to his biological child was handled by the PPA Unit of the Kupang City Police Satreskrim in 2019. The results of this study show that (1) the causative factor for children as victims of rape by biological fathers in Kupang City is the influence of lack of religious understanding in the family environment that causes the perpetrator to commit crimes. The actions carried out by the perpetrator were carried out repeatedly without thinking about the mental and physical influence of the victim. For this reason, it is hoped that religious understanding can be applied in the family environment so that it becomes a moral benchmark for one's life as well as the cases researched by the author. (2)) The impact on children as victims of rape by biological fathers in Kupang City is the physical and social impact experienced by the victim after the incident that befell the victim. (3) Legal Protection Efforts for Children as Victims of Rape by Biological Fathers in Kupang City In particular, Indonesia has its own law regarding the protection of children, namely Law Number 23 of 2004 concerning Child Protection. In Articles 81 and 82 of the Law on Child Protection, it is stipulated that the perpetrator of sexual abuse of children is sentenced to a maximum of 15 years in prison.

Eva Albatun Nabilah; Vinny Alvionita; Andi Sri Hastuti Handayani Usman; Eka Darmayanti Putri Siregar; Olivia Pamilangan Andilolo

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to see the determination of the minimum limit of criminal liability for children in conflict with the law after the emergence of the rape and murder case of a junior high school student in Palembang in August 2024 where the three perpetrators who were under 14 (fourteen) years old were not sentenced but only in the form of actions. This research is a normative legal research that uses a statutory approach and a case approach. The results of this study indicate that when referring to the provisions of international law on children, namely the CRC and its General Comments and the Beijing Rules, the determination of the minimum age of criminal liability for children and the minimum age of children can be punished in national law, namely the SPPA, is appropriate so that there is no need for changes. There are three solutions to dealing with cases of children committing sexual violence in the future that the government can do, namely: Strengthening parental responsibility in supervising digital literacy and strengthening family socio-economics, psychological approaches to children and the importance of sex education

Josshy Christine Dudu; Deby F.Ng. Fallo; Rosalind Angel Fanggi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This research aims to find out and analyze the legal protection of children in East Nusa Tenggara Province. This research is an empirical legal research using primary and secondary data collected using interview techniques , questionnaires, and literature studies and analyzed in a qualitative descriptive manner. The results of the study show that children in mainland Timor face various forms of interrelated violence, including physical violence that causes injury, psychological violence that damages mental health, sexual violence that causes deep trauma, and social violence in the form of neglect, hindering the fulfillment of children's basic rights, so the government needs to make preventive and repressive efforts in providing legal protection efforts.