Differentiation of Criminal Sanctions in Cases of Violence Against Children

This legal research examines how Indonesian criminal law addresses violence against children, focusing on the gap between physical and psychological violence in current legislation. The study argues that Indonesia's child protection laws lack clarity in distinguishing between these two forms of violence. The authors recommend legislative reforms to explicitly recognize psychological violence as a distinct criminal offense. The goal is to ensure more effective legal protection and proportional criminal sanctions for all forms of child abuse.

Key points

• Current Indonesian Law No. 35 of 2014 on Child Protection lacks clarity in distinguishing between physical and psychological violence against children
• A legal distinction between forms of violence is necessary for effective legal protection and enforcement
• Psychological violence should be recognized and addressed as a distinct criminal offense
• Legislative reform is needed to ensure proportional criminal sanctions across all forms of child abuse
• International legal frameworks provide models for distinguishing violence types

Limitations

This is a normative legal analysis rather than empirical research, so it does not provide data on the prevalence of violence, outcomes for children, or effectiveness of any implemented reforms. It cannot tell us how psychological violence actually affects children or whether proposed legislative changes would improve outcomes in practice.