Peer-reviewed article
Equality Before the Law Against Police Officers Perpetrating Violence Against Children in the Tual Incident
Breavento Rahma Yudha, Subadi, Meirza Aulia Chairani ·
Summary
Written by AI, not yet AICS's view · claude-haiku-4-5-20251001This legal research study examines how Indonesian police officers who committed violence against children in the Tual incident were held accountable under the law. The study found that equality before the law has not been properly achieved due to police loyalty networks, weak oversight, and conflicts of interest in self-investigation. The authors propose an ideal model for criminal liability that requires independence, transparency, and accountability, with a focus on the best interests of the child.
Key points
- Equality before the law has not been optimally realised in cases of police violence against children
- Entrenched esprit de corps within police institutions undermines accountability
- Weak internal and external oversight mechanisms allow preferential treatment
- Conflicts of interest arise when institutions investigate themselves
- An ideal liability model should include independent external oversight and institutional reform
Limitations
This is a normative legal analysis using statutory and conceptual approaches, not an empirical study. It cannot provide data on the prevalence, patterns, or outcomes of police violence against children, nor can it measure the effectiveness of proposed reforms.
Abstract
Purpose of the study: This study analyses the implementation of equality before the law toward police officers who committed violence against children in the Tual incident and formulates the ideal model of criminal liability for such officers. Methodology: The study employs normative legal research using statutory and conceptual approaches, examining the 1945 Constitution, Law No. 1 of 2023 on the Criminal Code, Law No. 2 of 2002 on the Indonesian National Police, Law No. 35 of 2014 on Child Protection, and Law No. 39 of 1999 on Human Rights, analysed descriptively and qualitatively. Main Findings: Equality before the law has not been optimally realised, owing to entrenched esprit de corps, weak internal and external oversight, conflicts of interest arising from institutional self-investigation, and asymmetric power relations within the law-enforcement system. Ideal criminal liability must be independent, transparent, and accountable. Novelty/Originality of this study: This study situates equality before the law at the intersection of child protection, human rights, and the criminal accountability of state officials. It advances existing knowledge by offering a concrete model of liability that integrates criminal and ethical sanctions, independent external oversight, and institutional reform oriented toward the best interests of the child, addressing persistent preferential treatment in Indonesian law-enforcement practice