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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.

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.