Juridical Review Of The Criminal Offenses Of Violence Committed By Parents Against Biological Children (Study Of Decision Number 208/PID. SUS/2017/PN TRT)

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Juridical Review of the Criminal Offenses of Violence Committed by Parents Against Biological Children: A Study of Decision Number 208/PID. SUS/2017/PN TRT

Introduction

Violence against children is a serious problem that affects not only urban areas but also rural communities. The tragic case of a child who lost his life due to persecution by his parents in Humbang Hasundutan Regency, North Sumatra Province, highlights the severity of this issue. This case was examined at the Tarutung District Court and decided with Decision Number 208/PID. SUS/2017/PN TRT. Through this article, we will discuss the form of legal protection against children victims of violence, criminal policies adopted to the perpetrators' parents, as well as judges' considerations in the decision.

The Form of Legal Protection Against Children Victims of Violence

Legal protection for children who are victims of domestic violence must involve two important aspects: normative and empirical protection. Normative protection includes laws governing the rights of children and domestic violence, while empirical protection focuses on the real application of the law through government intervention, social institutions, and society. In the case handled by the Tarutung District Court, this protection is applied through recognition of the rights of children as victims and the importance of providing psychological support and access to health services for children who experience violence.

The Indonesian government has implemented various laws and regulations to protect children from violence, including Law No. 35 of 2014 on Child Protection and Law No. 23 of 2002 on Child Protection. These laws provide a framework for the protection of children's rights and the prevention of violence against children. However, the implementation of these laws is often hindered by limited resources and inadequate infrastructure.

Criminal Policy on the Perpetrators

Criminal policies applied to parents who commit violence against their biological children are very important to create a deterrent effect and prevent similar events in the future. In decision number 208/PID. SUS/2017/PN.TRT, the perpetrators were sentenced to prison for 2 years and 6 months. This punishment shows the commitment of the justice system to respond to acts of violence that damage the lives of children.

However, consistent and firm law enforcement against perpetrators of violence is an important step to ensure better protection for children in Indonesia. The Indonesian government has implemented various policies to prevent violence against children, including the establishment of a National Commission on Child Protection and the creation of a child protection hotline. However, more needs to be done to ensure that perpetrators of violence are held accountable for their actions.

Judge's Consideration in the Decision

In deciding the case, the judges took various considerations regarding the evidence submitted. This includes physical evidence, witness statements, and recognition from victims and perpetrators. Comprehensive and objective considerations of judges determine justice in the legal process. In this case, the judge examined the testimony and evidence carefully to ensure that the decision taken could create justice for victims, as well as providing appropriate punishment for the perpetrators.

The judges' consideration in the decision is crucial in ensuring that justice is served. The judges must carefully examine the evidence and consider the impact of their decision on the victims and their families. In this case, the judge's consideration of the evidence and the testimony of the victims and perpetrators ensured that the decision was fair and just.

Conclusion and Recommendations

Based on this review, it is clear that violence against children is a serious issue that requires attention from various parties. Legal protection for children victims of violence must be increased, both from normative and empirical aspects. It is recommended that the government is committed to providing consistent protection to children and ensuring that perpetrators of violence, especially parents, get a punishment that is worth their actions.

In addition, judges and prosecutors need to be more assertive in applying the law to create a sense of security and justice for all children in Indonesia. With these steps, it is expected that violence against children can be minimized and their rights can be well protected.

Recommendations for Future Research

This study highlights the need for further research on the issue of violence against children in Indonesia. Future research should focus on the following areas:

  1. The impact of violence on children: This study should examine the impact of violence on children's physical and mental health, as well as their social and emotional well-being.
  2. The effectiveness of legal protection: This study should evaluate the effectiveness of legal protection for children victims of violence, including the implementation of laws and regulations.
  3. The role of judges and prosecutors: This study should examine the role of judges and prosecutors in ensuring that justice is served in cases of violence against children.
  4. The prevention of violence: This study should identify effective strategies for preventing violence against children, including the role of community-based initiatives and social programs.

By conducting further research on these areas, we can better understand the issue of violence against children in Indonesia and develop effective strategies for preventing and addressing this problem.
Frequently Asked Questions (FAQs) on Juridical Review of the Criminal Offenses of Violence Committed by Parents Against Biological Children

Q: What is the main issue addressed in this study?

A: The main issue addressed in this study is the juridical review of the criminal offenses of violence committed by parents against biological children, with a focus on the case of Decision Number 208/PID. SUS/2017/PN TRT.

Q: What is the significance of this study?

A: This study is significant because it highlights the importance of legal protection for children victims of violence and the need for consistent and firm law enforcement against perpetrators of violence.

Q: What are the key findings of this study?

A: The key findings of this study include:

  • The importance of normative and empirical protection for children victims of violence
  • The need for consistent and firm law enforcement against perpetrators of violence
  • The role of judges and prosecutors in ensuring that justice is served in cases of violence against children
  • The need for further research on the impact of violence on children and the effectiveness of legal protection

Q: What are the implications of this study?

A: The implications of this study are that:

  • The government must be committed to providing consistent protection to children and ensuring that perpetrators of violence, especially parents, get a punishment that is worth their actions
  • Judges and prosecutors must be more assertive in applying the law to create a sense of security and justice for all children in Indonesia
  • Further research is needed to understand the impact of violence on children and the effectiveness of legal protection

Q: What are the limitations of this study?

A: The limitations of this study include:

  • The study is based on a single case, which may not be representative of all cases of violence against children
  • The study does not provide a comprehensive analysis of the impact of violence on children
  • The study does not examine the effectiveness of community-based initiatives and social programs in preventing violence against children

Q: What are the recommendations for future research?

A: The recommendations for future research include:

  • Examining the impact of violence on children's physical and mental health, as well as their social and emotional well-being
  • Evaluating the effectiveness of legal protection for children victims of violence
  • Examining the role of judges and prosecutors in ensuring that justice is served in cases of violence against children
  • Identifying effective strategies for preventing violence against children, including the role of community-based initiatives and social programs

Q: What are the implications for policy and practice?

A: The implications for policy and practice are that:

  • The government must be committed to providing consistent protection to children and ensuring that perpetrators of violence, especially parents, get a punishment that is worth their actions
  • Judges and prosecutors must be more assertive in applying the law to create a sense of security and justice for all children in Indonesia
  • Community-based initiatives and social programs must be implemented to prevent violence against children
  • Further research is needed to understand the impact of violence on children and the effectiveness of legal protection

Q: What are the next steps for this research?

A: The next steps for this research include:

  • Conducting further research on the impact of violence on children and the effectiveness of legal protection
  • Examining the role of judges and prosecutors in ensuring that justice is served in cases of violence against children
  • Identifying effective strategies for preventing violence against children, including the role of community-based initiatives and social programs
  • Developing policy and practice recommendations based on the findings of this study.