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Original Research

LEGAL PROTECTION OF CHILDREN AS VICTIMS OF DOMESTIC VIOLENCE IN WEST JAVA

AHMAD MA’MUN FIKRI 1, SITI NURHALIMAH 2, and R. ANDIKA DWI PRASETYA 3.

Vol 19, No 08 ( 2024 )   |  DOI: 10.5281/zenodo.13303028   |   Author Affiliation: Universitas Islam Nusantara, Bandung, Indonesia 1,2,3.   |   Licensing: CC 4.0   |   Pg no: 145-159   |   Published on: 06-08-2024

Abstract

This research is motivated by the phenomenon of domestic violence against children, which is a very serious social problem, but has received little attention from the government, society and law enforcement officials. Cases of domestic violence against children still occur and tend to increase. The family, which should be the safest and most comfortable place for children, on the contrary, often becomes a place where children's rights are violated. The aim of this research is to discuss the concept of legal protection for children as victims of domestic violence and the effectiveness of its prevention and protection in West Java. This research uses a type of legal research with a normative juridical approach method, which is descriptive analysis. This research includes the scope of research that describes, examines and explains and analyzes general legal theories and statutory regulations regarding the protection of children who are victims of domestic violence. The results of this research show that the concept of child protection has been implemented by the government by issuing the Child Protection Law. Legal protection for child victims of domestic violence is very important, because the PKDRT Law provides several rights to victims. Handling cases of domestic violence against children requires the important role of police officers who are responsible for investigating, collecting evidence, and protecting children from further violence. The effectiveness of law enforcement in the context of protecting and preventing acts of violence against children is seen from 5 aspects including: Legal Factors themselves, Law Enforcement Factors, Supporting Facilities or Facilities Factors, Community Factors and Cultural Factors. The suggestion from this research is that the government must optimize the protection and prosecution of perpetrators in accordance with the Pancasila philosophy. Child protection aims to guarantee the fulfillment of children's rights so that they can live, grow, develop and participate optimally in accordance with human dignity and dignity and receive protection from violence and discrimination, in order to create Indonesian children who are of high quality, have noble character and prosperity in terms of child protection.


Keywords

Legal Protection, Children, Violence, Domestic.