Peer-reviewed article
Law Enforcement for Violence against Children
Yusup, P, Anis Mashdurohatun, Sri Endah Wahyuningsih ·
Summary
Written by AI, not yet AICS's view · claude-haiku-4-5-20251001This paper examines criminal law enforcement against perpetrators of violence against children in Indonesia, with focus on North Sumatra Province. The author argues that current legal regulations are inadequate to deter violence, with perpetrators viewing laws as rules that can be circumvented rather than binding obligations. Data from 2018 to 2022 shows persistent high levels of violence against children, with sexual violence being the most common type followed by physical violence. The paper contends that lighter prosecutions and settlements through compensation fail to achieve justice for victims.
Key points
- From 2018 to 2022 in North Sumatra, recorded violence against children ranged from 641 to 1,030 cases annually
- Victims were predominantly aged 13-17 years
- Sexual violence was the leading type of violence reported, followed by physical violence
- Current law enforcement and legal settlements through compensation are considered ineffective deterrents
- Criminal law regulations are seen as insufficient and prosecutions are lighter than statutory penalties allow
Limitations
This document is a legal analysis and commentary rather than an empirical study; it does not evaluate an intervention or provide original research data on outcomes. The paper does not explain the variation in case numbers or compare enforcement approaches across jurisdictions.
Abstract
As the next generation of the nation, children should get their rights and needs adequately. On the other hand, they are not objects (targets) of acts of arbitrariness and inhumane treatment from anyone or any party. Children who are considered vulnerable to acts of violence and abuse, should be cared for, cared for, educated as well as possible, so that they grow and develop in a healthy and normal manner. That alone needs to be done, so that in the future there will not be a lost generation. Criminal law enforcement regulations for perpetrators of violence against children in Indonesia are not based on the value of justice because of the perpetrators of violence against children themselves, where the perpetrators are does not see the law as a law that will bind an action that he has committed but only as an ordinary rule that can be deceived by perpetrators of violence, it is evident that in recent years in Indonesia and in neighboring countries violence against children is still relatively high, This proves that criminal law regulations for perpetrators of violence against children are still considered small, and even more so if there is peace between the parents of the victim and the perpetrator, peace here is in the form of compensation or restitution which does not create a sense of the value of justice for victims of violence, which is essentially considered to have no deterrent effect on perpetrators of violence against children. The focused data is from the Province of North Sumatra, where for some time this area has always received public attention regarding violence against children. In North Sumatra in 2018 there were 1,030 cases recorded with Medan City being the highest, in 2019 there were 705 cases, in 2020 there were 641 cases, in 2021 there were 994 cases with Langkat Regency being the highest, and in 2022 there were 962 cases the highest. It should be noted from the data obtained, from 2018 to 2022 the age of children as victims is between the ages of 13-17 and sexual violence is the highest type of violence, and ranks number two in types of physical violence weak law enforcement in the process of not being able to make legal wishes come true. These legal regulations will also determine how law enforcement will be carried out. As is the case in Law Number 35 of 2014 concerning Child Protection where prosecution is lighter than the threat of punishment stipulated by law so that the judge's decision is considered relatively light in cases of violence against children. Reconstruction of criminal law regulations for victims of violence against children in the application of a statutory regulation must look at all elements of life in society, especially if it concerns law in the public sphere. Children as shoots, potentials and the younger generation to continue the ideals of the nation's struggle have a strategic role, special characteristics as well, so they must be protected from all forms of inhumane treatment that can result in violations of human rights.