TINJAUAN NORMATIF TERHADAP KEKERASAN ANAK YANG DILAKUKAN OLEH ORANG TUA

Abstract

This study examines legal protection for children by parents under Indonesian law, in line with the Convention on the Rights of the Child (Presidential Decree No. 36 of 1990), and the application of restorative justice in parental criminal child abuse cases. Utilizing normative juridical research with secondary data, guided by legal certainty and the philosophy of justice, the findings indicate that violence against children is a crime under Article 80 of the UUPA, with parental responsibility increasing the penalty by one-third. While Restorative Justice aims for restoration, its application is limited and deemed unsuitable for violent crimes against children by parents, who have a primary duty of protection. The suggestion is for legal officials to optimally enforce Law Number 23 of 2002 concerning Child Protection to ensure the implementation of its legal threats.