IMPLEMENTATION OF LEGAL PROTECTION AGAINST

CHILDREN AS VICTIMS OF PSYCHICAL VIOLENCE IN

LECTUREL : Rini Yudiati., S.Pd.,M.Pd

By:

Moh. Rifki 723412475

LAW DEPARTEMENT
UNIVERSITAS WIRARAJA MADURA
2023

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 LIST OF CONTENTS

LIST OF CONTENTS……………………………………………………………...…………2

CHAPTER 1………………………………………………………………………………...…3

A.. Background……………………………………………….…………………..…….3
B.Problem Formulation………………………………………………………………..…3

C.Research Methods……………………………………………………………...………4

CHAPTER II………………………………………………………………………………..…6

A. General Overview of Legal Protection for Children…………………………..………6

B.General Overview of Victims of Psychological Violence………………………...……8

C.Implementation of Legal Protection …………………………………………...………9

D.Obstacles in Implementing Legal Protection…………………………...……………12

CHAPTER III………………………………………………….…………….14
A.Conclusion…………………………………….……………………………………14

B.Suggestion…………………………….……………………………………………15

BIBLIOGRAPHY……………………………………………………...…..16

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 CHAPTER I
INTRODUCTION

A. Background

Indonesia is a rule of law country. In a legal state, the state makes many regulations,

especially laws and regulations related to certain fields. In this writing the author discusses

material regarding children as victims of psychological violence in the household, especially

regarding the implementation of Law Number 23 of 2004 concerning the Elimination of

Domestic Violence (UU PKDRT), because even though the law regarding PKDRT has been

made by the government, in In reality, it has not been implemented optimally for children

who are victims of psychological violence in the household.

The increasing number of reports about domestic violence has encouraged writers to research

the problem of domestic violence against children, uncovering the things that cause violence

and physical impacts, especially psychological (child psychology) who experience violence

or criminal acts within the household as well as the role of government and parties involved

in the legal protection of children as victims of domestic psychological violence, by writing a

law entitled "Implementation of Legal Protection for Children as Victims of Domestic

Psychological Violence".

B. Problem Formulation

Based on the background description above, the problem can be formulated as

follows:

1. How is legal protection implemented for children as victims of psychological

violence in the household?

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 2. What are the obstacles in implementing legal protection for children as victims of

domestic psychological violence?

C. Research Methods

1. Type of Research

This type of research is normative legal research which focuses on applicable legal

norms and the study of these legal norms is carried out by examining secondary data as main

data, while primary data as supporting data.

2. Data Source

Secondary data in this research comes from:

a. Primary Legal Materials, namely positive legal materials that are binding and consist

of statutory regulations:

1) The 1945 Constitution of the Republic of Indonesia;

2) Law Number 23 of 2002 concerning Child Protection;

3) Law Number 23 of 2004 concerning the Elimination of Domestic Violence;

b. Secondary Legal Materials, namely materials used to provide explanations of

primary legal materials and consist of literature containing legal opinions.

3. Data Collection Method

Data in research is collected by:

a. Literature Study

Literature study is carried out by studying, reading and understanding books, laws and

regulations and opinions that are closely related to the material studied.

b. Interview

Interviews are carried out by asking several questions to the source directly, face to face. The

author prepares questions to be asked to the resource person.

4. Resource person
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The resource person is Mrs Sumartilah Police Commissioner, S. Sos who serves as Head of

the Regional Police Women and Children Protection Unit (KANIT PPA POLDA) in the

Special Region of Yogyakarta (DIY).

5. Analysis Method

The data obtained from this research was processed and analyzed descriptively qualitatively,

that is, all the data obtained was analyzed in its entirety so that a systematic and factual

picture was seen. After analysis, the author draws conclusions using

deductive thinking method, namely a pattern of thinking that is based on general things and

then draws specific conclusions.

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 CHAPTER II
IMPLEMENTATION OF LEGAL PROTECTION AGAINST
CHILDREN AS VICTIMS OF PSYCHICAL VIOLENCE AND
ITS OBSTACLES

A. General Overview of Legal Protection for Children

1. Overview of Legal Protection

According to the explanation of article 8 of Law Number 39 of 1999 concerning

Human Rights, it is explained that what is meant by protection is the defense of human rights.

Every human being has the same rights and obligations. In social life, social conflicts often

arise that require resolution and guarantees for people's behavior patterns.

The definition of protection in article 1 of Government Regulation Number 2 of 2002

concerning Procedures for the Protection of Witnesses and Victims is a form of service that

must be carried out by law enforcement officers or security forces to provide a sense of

security, both physical and mental, to victims and witnesses, from threats, harassment, terror

and violence from any party at the investigation, inquiry, prosecution and examination stages

in court.1

According to Sudikno Mertokusumo, what is meant by legal protection is "the existence of

guarantees" provided by law.

According to Soedikno Mertokusumo, what is meant by legal protection is the

guarantee of rights and obligations for humans in order to fulfill their own interests and in

relationships with other humans.2

Child protection is all efforts aimed at preventing, rehabilitating and empowering

children who experience acts of abuse, exploitation and neglect in order to ensure the child's

survival and normal growth and development, both physically, mentally and socially.3
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According to Sholeh Soeaidy SH. and Drs. Zulkhair, protection of children must rely on the

following strategies:

a. Survival, directed at efforts to fulfill basic needs for children's survival;

b. Developmental, directed at efforts to develop children's potential, creativity, creative

initiative and personal formation;

c. Protection, directed at efforts to provide protection for children from various

consequences of disturbances such as neglect, exploitation and abuse;

d. Participation is directed at providing opportunities for children to actively participate

in carrying out their rights and obligations, through

involvement in various activities carried out in the context of fostering children's

social welfare.

2. Overview of Children

In Article 34 of the 1945 Constitution of the Republic of Indonesia, it is stated that

the position of children is contained in the policy of article 34 which states that the poor and

neglected children are cared for by the state. Article 330 of the Civil Code states that minors

are those who have not reached the age of 21 (twenty one) years and have not previously

been married.5

In Law Number 4 of 1979 concerning Child Welfare it is explicitly regulated that a child is

someone who has not reached the age of 21 years and has never been married. The age limit

of 21 (twenty one) years is determined based on considerations of child welfare efforts,

where a child's social, personal and mental maturity is reached at that age. This definition is

used as long as it is related to children in general, except for certain purposes according to the

law determining other ages. In this case, the definition of a child includes a situation where a

person who is achieving growth and development in his life needs the help of other people

(parents or adults).
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B. General Overview of Victims of Psychological Violence

1. Understanding Victims

Victims are those who suffer physically and spiritually as a result of the actions of

other people who seek to fulfill their own or other people's interests which conflict with the

interests and basics of those who suffer.7

Victims are people who, either individually or collectively, have suffered losses, including

physical or mental losses, emotional, economic, or substantial interference with their

fundamental rights, through actions or commissions that violate criminal law in their

respective countries. state, including abuse of power.

There are several general rights for people who are victims of acts of violence,

namely:

a. The right to obtain compensation for the suffering experienced. This compensation

can be provided by the perpetrator or another party, such as the state or a special

institution established to handle the issue of compensation for crime victims;

b. The right to receive guidance and rehabilitation;

c. The right to obtain protection from threats from perpetrators;

d. The right to obtain legal assistance;

e. The right to recover his or her rights (property);

f. The right to obtain access to medical services;

g. The right to be informed when a criminal offender will be released from temporary

detention, or if a fugitive offender escapes from custody;

h. The right to obtain information about police investigations relating to crimes against

victims;

i. The right to personal freedom/personal confidentiality, such as keeping the victim's

telephone number or other identity confidential.

The term violence is used to describe behavior, with the use of force against another

person. Therefore there are 4 (four) types of violence, namely:

a. Open violence, namely violence that can be seen as a fight;

b. Covert violence, namely violence that is hidden or not carried out directly, openly or

covertly and whether offensive or defensive, accompanied by threatening behavior;

c. Aggressive violence, that is, to get something like an invasion;

d. Defensive violence, namely violence carried out as an act of self-protection.

Violence is the action of a person or group of people that causes injury or death to

another person or physical damage or other people's things.11 In the Indonesian Dictionary,

violence is defined as things that are violent in nature, the actions of someone who causes

injury or death to another person or causes physical damage or other people's property, or

there is coercion.12 According to this explanation, violence is is a more physical form of

action that results in injury, disability, pain or suffering to another person. One element that

needs to be considered is coercion or unwillingness or lack of consent of the other party who

is injured.

According to Yan Pramadya Puspa, violence is an act that uses physical or bodily

force which can result in the party affected by the act becoming unconscious, helpless or

unable to do anything.

C. Implementation of Legal Protection for Children as Victims of Domestic Psychological

Violence

1. Special protection for children as victims of psychological violence

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In Article 1 point 15 of Law Number 23 of 2002 concerning Child Protection, it is stated that

special protection is protection given to children in emergency situations, children in conflict

with the law, children from minority and isolated groups,

children who are economically and/or sexually exploited, children who are trafficked,

children who are victims of abuse of narcotics, alcohol, psychotropics and other addictive

substances (drugs), children who are victims of kidnapping, sales, trafficking, children who

are victims of physical and/or mental violence , children with disabilities, and children

victims of abuse and neglect.

2. Legal protection for children as victims of psychological violence in the

household.

Article 45 paragraph (1) of Law Number 23 of 2004 concerning PKDRT states that every

person who commits acts of psychological violence within the household as referred to in

Article 5 letter b shall be punished with a maximum imprisonment of 3 (three) years or a

maximum fine. IDR 9,000,000.00 (nine million rupiah).

Article 45 paragraph (2) of the PKDRT Law states that in the event that the act as referred to

in paragraph (1) is committed by a husband against his wife or vice versa which does not

cause illness or an obstacle to carrying out his/her job or livelihood or daily activities, he/she

shall be punished with a maximum prison sentence of 4 (four) months or a maximum fine of

IDR 3,000,000.00 (three million rupiah).

3. Implementation of legal protection for children as victims of psychological

violence in the household.

Based on the results of an interview with Kompol Sumartilah, S. Sos who serves as Head of

the Women and Children Protection Unit

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 The Regional Police (KANIT PPA POLDA) in the Special Region of Yogyakarta

(DIY) know that legal protection for children as victims of psychological violence in the

household can be carried out in 2 (two) ways, namely: Non-Penal Efforts and Penal Efforts.

a. Non-Penal Measures

Mrs. Police Commissioner Sumartila, S. Sos,. also explains that preventing psychological

violence against children in the household can be carried out in a preventive and preventive

manner, the implementation of which involves various departments and related agencies as

well as non-governmental organizations (NGOs) as follows:

1) Preemptive, is carrying out early prevention, through educational activities with the

target of influencing the causal factors, drivers and opportunity factors which are

usually referred to as criminogenic correlative factors of the occurrence of

perpetrators of violence to create awareness and vigilance as well as deterrence, in

order to the establishment of behavioral conditions and living norms free from

violence against children in the family.

Communities, families or parents need consistent and continuous policies, services, resources

and training to prevent violence against children. This prevention strategy includes:

a) Prevention for all parents in an effort to improve parenting skills and prevent

mistreatment or abuse from occurring, including adequate child care and services,

supportive workplace policies, and life skills training for children. What is meant

by life skills training includes conflict resolution without violence, skills in

handling stress, resource management, making effective decisions, effective

interpersonal communication, guidance and child development.

parenting skills, including training and victim services to ensure that abuse does

not occur in the next generation.

2) Preventive, namely that prevention is better than eradication. Therefore, supervision

and control by both the police and family, community, teachers and religious

leaders can be carried out to prevent psychological violence in the household, by

doing the following things:

a)that children have a set of rights that must be protected, especially by their own

parents.

b) Environmental monitoring to reduce or eliminate opportunities for

psychological violence against children in the household.

c)Active community participation coaching or guidance to avoid psychological

violence against children by engaging in positive activities.

d) Reducing violent displays in the mass media and building collective awareness

in society to reject every form of violence.

e)Anti-violence campaigns carried out jointly by the government and society,

continuously through various means and methods, including holding seminars

or discussions.

f) Prevention of psychological violence against children is carried out by identifying

families at high risk.

b. Penal Effort

Penal measures are efforts made by law enforcement to protect victims of domestic

psychological violence after the victim experiences domestic psychological violence.

D. Obstacles in Implementing Legal Protection for Children as Victims of

Domestic Psychological Violence

Sos who serves as Head of the Women and Children Protection Unit for the Yogyakarta

Special Region Police (DIY PPA PPA KANIT), it can be seen that the obstacles faced by the

Yogyakarta Special Region Police in providing legal protection for children are: victims of

domestic psychological violence in DIY, namely:

1) the difficulty of finding strong evidence of a child who is a victim of psychological

violence. In this case, what is meant is how psychological violence manifests

itself, because the regulations regarding psychological violence as stated in article

2) Difficulty in distinguishing between children who are experiencing psychological

violence perpetrated by family members within the household. A child who is

experiencing psychological violence usually

have a fear of disclosing the problems they are experiencing as a result of the perpetrator's

actions.

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 CHAPTER III
CLOSING
A. Conclusion
Based on the description and analysis in the previous chapters, the author draws

conclusions as an answer to the problems in this research, namely:

1. Implementation of legal protection for children as victims of domestic

psychological violence can be done in two (2) ways, namely non-penal

measures and penal measures. Non-penal efforts are carried out in a

Preemptive way, namely carrying out early prevention, through educational

activities with the target of influencing the causal factors, drivers and

opportunity factors which are usually referred to as criminogenic correlative

factors of the occurrence of perpetrators of violence to create awareness and

vigilance as well as deterrence, in order to foster behavioral conditions and

living norms free from violence against children in the family and preventive

methods, namely that prevention is better than eradication.

2. The obstacles faced by the police in implementing legal protection for

children as victims of domestic psychological violence are as follows:

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 a. It is difficult to find strong evidence of a child who is a victim of psychological

violence, in this case what is meant is about how psychological violence

manifests.

b. Difficulty in distinguishing children who are experiencing psychological

violence perpetrated by family members within the household. A child who is

experiencing psychological violence usually has a fear of expressing the

problems they are experiencing as a result of the perpetrator's actions.

B. Suggestion

Based on the conclusions above, suggestions can be given by the author

is :

1. Law enforcement agencies need to disseminate information to the public regarding

Law Number 23 of 2002 concerning Child Protection and Law Number 23 of 2004

concerning Domestic Violence.

2. It is necessary to conduct counseling and outreach to community members by Non-

Governmental Organizations (NGOs) or government institutions regarding children's

psychological problems, so that parents can educate their children well and not

commit psychological violence against children within the household.

3. It is necessary to increase the awareness of community members to report to the

authorities cases of psychological violence in the domestic sphere that occur in the

community.

4. Children as victims of psychological violence in the domestic sphere need to be

bombarded so that they do not close themselves off and open up to the police if they

need information from either the police or the Child Protection Agency.

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 BIBLIOGRAPHY
Website:
https://www.solopos.com/2013/10/01/kasus-kekerasan-pada-anak-bersaksi-korban-
penganiayaan-menangis-452616, 4 aret 2014
https://gurubanjarnegara.wordpress.com, 8 juni 2014
Book:
Abdul Wahid dan Muhammad Irfan, 2001, Perlindungan Terhadap , Korban Kekerasan
Seksual ( Adyakasi atas Hak Asasi Perempuan ),Refika Aditama Bandung.
Abu Hurachman, 2006, Kekerasan Terhadap Anak-anak , Nuansa Bandung.
Arif Gostia, 2004, Masalah Korban Kejahatan, PT.Bhuana Ilmu Populer Kelompok
Gramedia, Jakarta.
Darwan Prinst, 2003, Hukum Anak Indonesia, Citra Aditya Bakt, Bandung.

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