Legal Analysis Regarding Criminal Acts Of Violence Against Children In Households That Cause Death In Criminology Perspectives (Decision Study No.296/Pid.B/2018/PN KWG)

by ADMIN 169 views

Legal Analysis Regarding Criminal Acts of Violence Against Children in Households that Cause Death in Criminology Perspectives (Decision Study No.296/Pid.B/2018/PN KWG)

Introduction

Violence against children in the household environment is a pressing issue that requires immediate attention. In the midst of the complexity of problems faced by many families, this phenomenon is increasing. Based on data from the Child and Women's Protection Commission in Indonesia, the number of violence against children is still relatively high, so it requires serious attention from various parties. This article will analyze the legal arrangements regarding criminal offenses against children in the household, the factors causing the violence, as well as legal policies applied to this criminal offense which results in death.

Regulation of the Legal Acts of Criminal Acts of Violence against Children

Legally, criminal acts of violence against children are regulated in several legislation in Indonesia. Among these are the Criminal Code, Law Number 23 of 2004 concerning Eradication of Criminal Acts of Domestic Violence, and Law Number 17 of 2016 which is the second amendment to Law Number 23 of 2002 concerning Child Protection. These provisions are designed to provide legal protection for children, considering they are vulnerable groups.

The Criminal Code (KUHP) regulates criminal acts of violence against children in Article 303, which states that anyone who commits an act of violence against a child shall be punished with imprisonment for a maximum of 10 years. In addition, Law Number 23 of 2004 concerning Eradication of Criminal Acts of Domestic Violence also regulates criminal acts of violence against children in Article 3, which states that anyone who commits an act of violence against a child shall be punished with imprisonment for a maximum of 10 years.

Factors Causing Criminal Acts of Violence against Children

Factors causing violence against children in the household can be divided into two categories: Internal factors and external factors.

Internal Factors

Among them are social stress, family dynamics such as broken home, mental disorders in parents, unblotherhood parents' status, and parental educational background. These things can create an environment that is not conducive to children, thereby increasing the risk of violence.

For example, social stress can cause parents to become irritable and aggressive, which can lead to acts of violence against children. Family dynamics such as broken home can also create an environment that is not conducive to children, thereby increasing the risk of violence. Mental disorders in parents can also increase the risk of violence against children, as parents with mental disorders may not have the capacity to care for their children properly.

External Factors

Including economic problems and behavior of the child itself. For example, severe economic pressure can cause frustration in parents, which in turn can lead to acts of violence.

Economic problems can also create an environment that is not conducive to children, thereby increasing the risk of violence. For example, parents who are struggling to make ends meet may become frustrated and aggressive, which can lead to acts of violence against children.

Legal Policy in Handling Criminal Acts of Violence

The application of legal policies against criminal acts of violence against children in the household is carried out through two approaches, namely penal and non-identification efforts.

Penal Efforts

Penal efforts involve a judicial process and the application of sanctions for perpetrators of violence, while non-Penal efforts include rehabilitation and counseling for perpetrators and protection for victims of victims.

The penal approach involves a judicial process, where the perpetrator is brought to court and punished for their actions. The non-penal approach involves rehabilitation and counseling for the perpetrator, as well as protection for the victim.

Conclusion

From the analysis above, it is clear that violence against children in the household is a complex problem, involving various factors. Efforts to overcome this require cooperation from all parties, including the government, the community, and family itself. Strict law enforcement, as well as psychological and social support for children, is an important step in creating a safer and healthier environment for children. Through this comprehensive approach, it is expected that the number of violence against children can be reduced, and their rights as individuals are well protected.

Recommendations

Based on the analysis above, the following recommendations are made:

  • The government should increase its efforts to prevent violence against children in the household, through education and awareness programs.
  • The community should also play a role in preventing violence against children, by providing support and protection for children who are victims of violence.
  • The family should also take responsibility for preventing violence against children, by creating a safe and healthy environment for children.

Future Research Directions

This study has highlighted the need for further research on the factors causing violence against children in the household, as well as the effectiveness of legal policies in preventing violence against children. Future research should focus on the following areas:

  • The impact of internal and external factors on violence against children in the household.
  • The effectiveness of penal and non-penal approaches in preventing violence against children.
  • The role of the community and family in preventing violence against children.

Limitations of the Study

This study has several limitations, including:

  • The study only focused on violence against children in the household, and did not consider other forms of violence against children.
  • The study only considered the legal perspective, and did not consider other perspectives, such as the psychological and social perspectives.
  • The study only considered the Indonesian context, and did not consider other contexts, such as other countries or cultures.

Conclusion

In conclusion, this study has highlighted the need for a comprehensive approach to preventing violence against children in the household. The study has shown that violence against children is a complex problem, involving various factors, and that efforts to overcome this require cooperation from all parties. The study has also highlighted the need for further research on the factors causing violence against children, as well as the effectiveness of legal policies in preventing violence against children.
Frequently Asked Questions (FAQs) Regarding Legal Analysis of Criminal Acts of Violence Against Children in Households

Q: What is the main cause of violence against children in households?

A: The main cause of violence against children in households is a complex issue, involving various factors such as internal and external factors. Internal factors include social stress, family dynamics, mental disorders in parents, unblotherhood parents' status, and parental educational background. External factors include economic problems and behavior of the child itself.

Q: What are the consequences of violence against children in households?

A: The consequences of violence against children in households can be severe and long-lasting, including physical and emotional harm, developmental delays, and even death. Children who experience violence in their households may also develop behavioral problems, such as aggression and anxiety.

Q: What are the legal provisions regarding violence against children in households?

A: In Indonesia, violence against children in households is regulated by several laws, including the Criminal Code (KUHP), Law Number 23 of 2004 concerning Eradication of Criminal Acts of Domestic Violence, and Law Number 17 of 2016 which is the second amendment to Law Number 23 of 2002 concerning Child Protection. These provisions provide legal protection for children and punish perpetrators of violence.

Q: What are the penalties for perpetrators of violence against children in households?

A: The penalties for perpetrators of violence against children in households can include imprisonment for a maximum of 10 years, as well as fines and other forms of punishment. The severity of the penalty depends on the severity of the crime and the age of the child.

Q: What are the non-penal approaches to preventing violence against children in households?

A: Non-penal approaches to preventing violence against children in households include rehabilitation and counseling for perpetrators, as well as protection for victims of violence. These approaches aim to address the underlying causes of violence and provide support for children who have been victimized.

Q: What role can the community play in preventing violence against children in households?

A: The community can play a significant role in preventing violence against children in households by providing support and protection for children who are victims of violence. This can include reporting suspected cases of violence to the authorities, providing counseling and other forms of support to children and families, and advocating for policies and programs that prevent violence against children.

Q: What role can the family play in preventing violence against children in households?

A: The family can play a significant role in preventing violence against children in households by creating a safe and healthy environment for children. This can include providing emotional support and stability, modeling healthy relationships and communication, and seeking help when needed.

Q: What are the future research directions regarding violence against children in households?

A: Future research directions regarding violence against children in households should focus on the impact of internal and external factors on violence against children, the effectiveness of penal and non-penal approaches in preventing violence against children, and the role of the community and family in preventing violence against children.

Q: What are the limitations of this study?

A: This study has several limitations, including the focus on violence against children in households, the consideration of only the legal perspective, and the consideration of only the Indonesian context. Future studies should aim to address these limitations and provide a more comprehensive understanding of violence against children in households.

Q: What are the implications of this study for policy and practice?

A: The implications of this study for policy and practice are significant. The study highlights the need for a comprehensive approach to preventing violence against children in households, including the development of policies and programs that address the underlying causes of violence and provide support for children who have been victimized. The study also emphasizes the importance of community and family involvement in preventing violence against children.