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Vina Rosalinda; Sabar Podu; Amri Amri

Child support rights after divorce constitute a fundamental right that must be protected to ensure children's welfare and development. However, many children do not receive adequate financial support because parents, particularly fathers, fail to fulfill their obligations after divorce. This study aims to analyze the legal regulation of child support rights after divorce and examine the legal protection available when these rights are neglected. The research employs normative legal research using statutory and conceptual approaches. Legal materials were collected through library research, including legislation, legal literature, scholarly journals, and relevant court decisions. The findings show that Indonesian law provides a comprehensive legal framework through the Marriage Law, the Child Protection Law, and the Compilation of Islamic Law, all of which affirm that divorce does not terminate parental responsibilities. Under Islamic law, the obligation to provide child support remains with the father. Legal protection is available through civil and criminal mechanisms, including enforcement claims and criminal liability for child abandonment. However, weak law enforcement, limited supervision of court decisions, and low legal awareness continue to hinder effective protection. Strengthening enforcement, increasing legal awareness, and enhancing state involvement are essential to ensure the fulfillment of child support rights after divorce.

Florentina Fitriano

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Early marriage remains a social issue occurring in various regions, including Golo Kondeng Village, West Manggarai Regency, East Nusa Tenggara Province. This study aims to examine the form of legal protection afforded to the status of children born from early marriages conducted based on local customary law. This research employs a qualitative approach with a case study method, collecting data through in-depth interviews with community leaders, parents, and relevant village authorities. The findings indicate that early marriage practices in Golo Kondeng Village are influenced by several factors, including cultural values, family economic conditions, and the community’s level of education. Although existing laws—such as Law Number 16 of 2019, which amends Law Number 1 of 1974 on Marriage by establishing the minimum marriage age at 19 for both men and women, and Law Number 35 of 2014 on Child Protection—clearly regulate the legal age for marriage, the reality shows that early marriages continue to occur, often neglecting the fulfillment of children’s rights. The current legal protections are not yet fully effective in securing the legal status of these children, both in terms of civil and social rights. Based on these findings, this study recommends enhancing legal education and outreach to the community regarding marriage laws and children's rights. In addition, the active involvement of traditional leaders and local government is considered essential in addressing the issue of early marriage. It is hoped that through these efforts, children born from early marriages can receive adequate legal protection and have their rights fully fulfilled.

Hafsha Hanifa; Tajul Arifin

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

This article aims to analyze the relevance of Article 34 Paragraph (1) of the 1945 Constitution of the Republic of Indonesia which regulates state protection for the poor and neglected children, and its relation to the concept of leadership from an Islamic perspective. This study compares the legal provisions with the Hadith narrated by Bukhari which emphasizes the responsibility of leaders towards those they lead. The method used is qualitative analysis with a comparative approach to legal texts and related literature sources. The results of the study show that both Article 34 Paragraph (1) of the 1945 Constitution of the Republic of Indonesia and the Hadith have similarities in emphasizing the importance of social responsibility towards underprivileged citizens, as well as describing the role of each individual as a leader in their social capacity.

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.

Muhammad Qodri Hamid; Ira Fadia Fajar; Wirdatul Jannah; Uut Rahayuningsih

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The distribution and abuse of narcotics among children has become an increasingly alarming issue in Indonesia. Children are not only victims but also become perpetrators within drug networks. Law enforcement practices often neglect the principles of restorative justice and child protection, and are still not fully accompanied by adequate understanding and implementation by law enforcement officers. In addition, social stigma toward children involved in narcotics cases presents a major obstacle in their rehabilitation and social reintegration processes. This paper adopts a juridical and sociological approach to examine legal practices and the social impact experienced by child offenders of narcotics, while offering holistic solutions involving synergy between the legal system, families, and society. The findings emphasize the need to enhance the capacity of law enforcement, establish child-specific rehabilitation centers, and promote public education to eliminate the persistent negative stigma.

Krisnadhi Winangun; I Gusti Ayu Agung Andriani; Ni Nyoman Ernita Ratnadewi; I Nyoman Suarna; I Gusti Ayu Aditi +1 more

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The purpose of this research is to understand the legal protection for children who are victims of parental neglect and to identify the forms of accountability for parents who neglect their children. The type of research used in this study is normative-empirical research. The data in this research were obtained through observation, interviews, documentation, and literature studies using the legislative approach, conceptual approach, and case approach. The discussion in this research refers to the Law of the Republic of Indonesia Number 35 Year 2014 concerning child protection, which states that legal protection for children can be interpreted as efforts to legally protect various freedoms and fundamental rights of children. In Hinduism, it is also explained that protection for children must be carried out since the child is in the womb. It is not acceptable for a child in the womb to receive any mistreatment from anyone, especially after the child is born into the world and lives like other humans in general.

Muhamad Salman Farisi; R. Eriska Ginalita Dwi Putri

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Economic neglect of children is a condition where a child does not receive sufficient basic needs fulfillment from parents or caregivers, either intentionally or due to inability. This research aims to examine and analyze the mechanisms and barriers in providing legal protection for economically neglected children in Sukabumi District. This study employs normative legal research with data sources consisting of interviews, observations, and literature studies. The method used to process and analyze the data is qualitative analysis, conducted at the Integrated Service Center for Women and Children Empowerment (P2TP2A) in Sukabumi District. According to the research findings, the forms of legal protection provided include supervision, prevention, care, and rehabilitation. The barriers in providing legal protection for economically neglected children include funding issues, lack of understanding of procedures among personnel, reluctance of society to report cases, absence of clear Standard Operating Procedures (SOPs), overlapping roles and responsibilities, and lack of empathy.

Millatul Hakimah; Dairani Dairani

Perspektif Administrasi Publik dan hukum 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

On February 17, 2012, the Constitutional Court granted the lawsuit filed by Hj. Aisyah Mochtar who filed a judicial review of Article 34 Paragraph (1) of Law Number 1 of 1974 concerning Marriage. This lawsuit arose from her marriage to Moerdiono in accordance with Islam which was not officially registered, which gave birth to a son, Iqbal Ramadhan. The Constitutional Court's decision changed the status of illegitimate children, who previously only had a civil relationship with the mother, now also have a civil relationship with the father and the father's family. This decision applies not only to children born from unregistered marriages, but also to children from relationships between men and women without the bonds of marriage which can be proven through technology such as DNA testing. These children are entitled to civil rights protection, such as maintenance and education, but are not related to guardianship issues. In its considerations, the Constitutional Court emphasized that the law must provide fair protection and legal certainty for the status of children, including those born even though their marriage is still disputed. Eliminating discrimination against illegitimate children aims to provide positive value for the future of children. The obligation of alimony that was previously only borne by the mother, is now shared with the father who can be proven to have a blood relationship with the child. If the father neglects to fulfill his obligations, he can be sued in court. The next question is how the Constitutional Court Decision will be implemented regarding the recognition of the lineage of children born outside of legal marriage.

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.

George R. H. Fanggi Ello; Rudepel Petrus Leo; Heryanto Amalo

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Children are a precious gift from God that is entrusted to parents to be loved and cared for wholeheartedly. A child is someone who is not yet 18 (eighteen) years old, including a child who is still in the womb. Child neglect is the practice of relinquishing responsibility and claims over offspring in an illegal way, this is caused by factors such as economic and social factors, as well as mental illness, among others. A child who is abandoned or abandoned by his parents is called an outcast. Child neglect includes passive torture, which is any state of inadequate attention, whether physical, emotional, or social. The enforcement of criminal sanctions against perpetrators of child neglect must be strictly enforced as in Law Number 35 of 2014 concerning Child Protection. This research is an empirical juridical law research. This study is descriptive and analyzes primary data to determine Law Enforcement against Child Neglect Crimes and Inhibiting Factors in the Kupang City Resort Police. Data collection uses observation, documentation and interview techniques. The results of the study show that (1) Law enforcement against child neglect crimes in the Kupang Kota Resort Police shows a strong commitment to protecting children. However, there are still cases of child neglect due to various factors so that child neglect by parents occurs. (2) Influencing factors include legal and law enforcement factors, economic factors, environmental factors and parental divorce factors that often occur so that cases of child neglect occur.

Nur Balqis; Rahul Ardian Fikri; Fitria Ramadhani

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

In Constitution Number 23 Year 2004 about Deletion Violence In House ladder in explain that violence in House ladder is every action to somebody especially Woman , Which result the emergence misery or suffering in a way physique , sexual , psychological , and/ or neglect House ladder including threat For do act , coercion , or robbery independence in a way oppose law in scope House stairs . This study aiming For do analysis law to protection law towards victims of crime violence in House ladder . This study focus on the framework law related victim protection in context marriage . The research method used is method normative law meaning study This use approach legal that is a the attempted approach with observe and pay attention existence applicable law and analysis​ various regulation legislation and decisions relevant courts​ with him . The results of the study show that although Already There is regulation For protecting victims of violence in House stairs , its application Still face Lots constraint .  A number of aspect important from analysis This concerning effectiveness laws that protect women and children , as well as role enforcement law in handle case violence in House stairs . With background behind said , research This emphasizes expansion and refinement​ regulations , improvements awareness community , and participation active apparatus enforcer law For ensure greater victim protection effective . In short , protection law against victims of violence in House ladder need effort together between government , law enforcement law and society For create a safe and supportive environment for all victims of crime violence in House ladder .

Qoidul Khoir

Tabsyir: Jurnal Dakwah dan Sosial Humaniora 2020 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This article aims to describe the review of Islamic law on the obligations of a father who abandoned the maintenance of the child in the decision of the Supreme Court number 608/K/AG/2003 and describing a living madliyah children after divorce based on the protection of children's rights in Law Number 23 Year 2002 on the Protection of Children. This research is included in the type of normative legal research, using a statutory approach and a conceptual approach. The processing of legal materials in normative legal research is by means of literature studies which are described and then linked between one legal material and other legal materials, especially the relationship between the elements covered in the research problem. So it is presented in a systematic writing form to answer the problems that have been formulated in this research. The result showed that the duty of a father to meet child support does not become payable if the elapsed time, but it could be due to maintenance if there is a decision of the judge. This imposition on the grounds that the father in condition to be able to work deliberately remiss. Supreme Court Decision No. 608/K/AG/2003 does not conflict with Islamic law. Every parent has an obligation to be responsible for nurturing, nurture, educate, and protect children. Deliberateness of a father neglects the obligation to provide maintenance, so that children can not get their rights and suffer a loss, then it can be described as acts of negligence as regulated in Law Number 23 of 2002 on the Protection of Children