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Malvin Malvin; Hartanto Hartanto; Budiman, Anwar

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

Criminal acts of assault against children constitute a serious violation of human rights that requires optimal legal protection by the state. As legal subjects, children are entitled to security, protection from violence, and guarantees for proper growth and development, as mandated by Pancasila, the 1945 Constitution of the Republic of Indonesia, and relevant child protection legislation. This study aims to conduct a juridical analysis of the legal considerations applied by judges in Decision Number 83/Pid.Sus/2020/PN.Kot concerning the criminal offense of assault committed against a child, as well as to assess their conformity with criminal law principles, child protection law, and the objectives of sentencing. This research employs a normative legal research method using statutory, conceptual, and case approaches, supported by primary, secondary, and tertiary legal materials. The findings reveal that although the legal basis applied refers to Law Number 35 of 2014 on Child Protection, the judicial considerations have not been comprehensively formulated, as they insufficiently incorporate sociological, criminological, and child-centered protection perspectives. Consequently, the sentence imposed is relatively lenient and fails to fully reflect the objectives of punishment, particularly deterrence and sustainable protection for child victims. Therefore, strengthening the quality of judicial reasoning and ensuring the optimal application of relevant legal provisions are essential to achieve legal certainty, justice, and effective protection for children as victims of violent crimes.

Novenia Cecilia Nadeak; Nayla Hasana

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Forced marriage of children as debt repayment is an exploitative practice that violates human rights principles and child protection as stipulated in the 1945 Constitution, the Child Protection Law, and the Sexual Violence Criminal Law. This study uses a normative juridical method with a legislative and conceptual approach to examine legal views on the position of children in debt repayment, the relationship between unregistered marriages and forced marriage, and the forms of legal protection that can be provided to victims. The results of the analysis show that children cannot be used as objects of debt repayment because they are not included in the category of property according to the Civil Code, while the practice of unregistered marriage, which is often used as a shortcut, is not recognized by positive law. Forced marriage of children is classified as a form of economic and sexual exploitation that is subject to criminal sanctions. Therefore, it is necessary to limit the grounds for marriage dispensation, prohibit unregistered marriages for minors, and strengthen the implementation of regulations and public awareness campaigns to ensure the protection of children's rights and prevent similar practices in the future.

Sri Utami; Hepy Krisman Laia; Muhammad Arif Sahlepi

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The purpose of this study is to determine the forms of violence against children and how legal protection for children as victims of crime is according to Indonesian criminal law. Legal protection for children is an important issue that requires serious attention from various parties, including the government, society, and family. Children have basic rights that must be protected to ensure they grow and develop properly. This paper discusses the concept of legal protection for children, the legal basis underlying child protection in Indonesia, and the challenges and solutions that can be applied to improve legal protection for children.  

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.

Firda Usta Bella; Milla Devita Sari

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

This study examines the effectiveness of Law No. 11 of 2012 on the Juvenile Criminal Justice System in providing protection for children in conflict with the law (ABH). The law establishes various provisions related to the age limits of children, the types of penalties that can be imposed, and alternative actions as protective measures. Furthermore, this study identifies the factors that contribute to minors becoming perpetrators of sexual abuse and violence. Based on the latest systematic review, key influencing factors include family dynamics, past experiences of violence, and an unsupportive social environment. These findings indicate that effective law enforcement must consider the psychosocial aspectsof children and emphasize rehabilitative and preventive approaches in addressing ABH.

Udin Nurkholis Huda; Hartoyo Hartoyo; Fitri Ayuningtyas; Fitri Ayuningtyas

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

The crime of molestation and sexual intercourse against children is an act that violates social norms of politeness, religion and decency. Article 28b paragraph (2) of the 1945 Constitution of the Republic of Indonesia reads: "Every child has the right to survival, growth, and development and has the right to protection from violence and discrimination" The legal issue of this normative legal research: How is the criminal act of molestation and sexual intercourse against children regulated? What is the form of legal protection for children as victims of sexual acts and sexual intercourse? The crime of molestation is regulated in Articles 289 to 295 of the Criminal Code, Law No. 35 of 2014: It is an amendment to Law No. 23 of 2002 concerning Child Protection, which affirms the prohibition of violence or threats against children (Article 76E) and establishes prison sanctions of between 5 to 15 years for perpetrators (Article 82) and Law No. 12 of 2022 concerning the Crime of Sexual Violence. The form of legal protection for children as victims of criminal acts of molestation and sexual intercourse is Physical and Psychological Protection, Victims' children have the right to physical protection to ensure safety from the threat of the perpetrator, through the arrest of the perpetrator with sufficient preliminary evidence. Psychological protection is provided with rehabilitation, counseling, and psychosocial assistance during the legal process until recovery. 2. Confidentiality of the identity of the victim; 3. Legal and Social Assistance; 4. Restitution and Restoration of Rights; 5. Strict Law Enforcement.

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 .

Yoaclino De Vedruna Ximenes; Adrianus Djara Dima; Deddy R. Ch. Manafe

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

Children are a trust and gift from the Almighty God in whom the honor and dignity of being a complete human being is inherent. Every child has dignity that should be upheld and every child born must receive their rights without the child asking. It's time for the wrong paradigm that thinks children have no rights and must always obey their parents. One of the problems of violence against children is sexual violence which is the focus of this research. The cases of violence that occur are one of the weaknesses in legal protection and protection of the human rights of children who are victims, even though it is the children who must be protected. Children's rights have been expressly stated in the constitution, that the state guarantees every child the right to survival, growth and development and the right to protection from violence and discrimination. The best interests of children need to be respected, as the best interests for the survival of humanity. So that everyone always tries to ensure that children do not become victims of violence, or children fall into committing evil acts or other disgraceful acts. In general, criminal law was born to regulate and organize community life in order to create and maintain public order. Thus, before using crime as a tool/sanction, it is necessary to understand the tool itself. The Criminal Code as the parent or main source of criminal law has detailed the types of crimes, as formulated in article 10 of the Criminal Code. The research results show that the legal process in Malacca Regency is running as the law should, while the research results regarding child protection are not running or being implemented as well as possible due to the lack of legal assistance in the form of safe houses for women and children, psychologists and so on. Lack of direct support from the government itself in handling cases that occur. It is only limited to outreach to residents regarding the impacts and things that should be done to achieve harmony within the families of Malacca Regency itself.

Kurniawan, Itok Dwi; Septiningsih, Ismawati

Adi Widya: Jurnal Pengabdian Masyarakat 2023 Lembaga Penelitian dan Pengabdian Masyarakat

In essence, the regulation regarding children has been regulated in the Indonesian constitution, which is related to the regulation of human rights which is regulated in the 1945 Law of the Republic of Indonesia Article 28b paragraph 2 of the 2nd Amendment, August 18, 2000 clearly stipulates that children's rights are survival, growth and development as well as the right to protection from violence and discrimination. Childhood is a period of formation of character, personality and character. Forms of child protection are carried out from all aspects, starting with coaching in the family, social control over children's association. Law Number 35 of 2014 and also Law Number 11 of 2012 concerning the Juvenile Criminal Justice System principally aims to provide and protect children's rights so that they can live, grow and develop and participate optimally, and obtain protection from acts of violence and discrimination. The method of implementing this service is carried out in several activities, namely the survey stage, namely socialization. With the aim of realizing a Golden Generation of Child Protection Awareness