A Legal Analysis of Child Protection against Domestic Violence

Abstract

This research highlights the importance of legal protection for children who are victims of domestic violence (KDRT) in Indonesia. Domestic violence not only impacts husband and wife couples, but can also have serious consequences for children's physical and psychological development. Children are often in a vulnerable position because they are still emotionally and financially dependent on the perpetrator, who is generally a parent or close family member. Within the national legal framework, children's rights are actually guaranteed by various statutory regulations, including the 1945 Constitution of the Republic of Indonesia, Law Number 23 of 2004 concerning the Elimination of Domestic Violence, and Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. However, the implementation of these regulations in the field often encounters various challenges, such as minimal access to psychological assistance services, social stigma that makes victims reluctant to report, and a patriarchal culture that is still entrenched. The research method used is normative juridical, by tracing primary and secondary legal materials. The analysis was carried out descriptively-qualitatively to examine the effectiveness of various regulations governing the protection of children from domestic violence. The research results show that, although the legal framework is relatively comprehensive, efforts are still needed to strengthen cross-sector coordination between the government, law enforcement officials and child protection institutions. In addition, an approach that involves intensive outreach to the community is considered crucial for raising awareness that domestic violence is a criminal act that can have fatal consequences for children's growth and development. This research recommends that the government and other stakeholders not only focus on legal action, but also ensure that there are adequate prevention and rehabilitation mechanisms. In this way, the best interests of the child can truly be fulfilled, while preventing repeated cycles of violence in the future. It is hoped that the research results can become a reference for policy makers, practitioners and the wider community in creating a safe and conducive family environment for Indonesian children.