JURIDICAL REVIEW OF CRIMINAL VIOLENCE TO BIOLOGICAL CHILDREN IN INDONESIA

Abstract

This study was aimed to determine the juridical aspects governing violent crime on biological children. This research was qualitative research with a normative juridical approach. The method used in this research was a literature study and an exploratory method from the data of the brother. The object examined in this study was all aspects of the juridical relating to criminal acts of violence on biological children. Based on the classification of violence on children consists of four categories, namely: 1) physical violence, 2) psychological violence, 3) sexual violence and 4) social violence. Based on KPAI data from 2017 to 2019, KPAI had received 10,656 reports of complaints of cases of violence experienced by children. Specifically, in 2019, KPAI had received 1,192 complaints related to child abuse with the highest cases concerning family and care. From these data acts of violence against children can occur due to the following factors: 1) parent factors, 2) child factors, 3) social environmental factors. To anticipate and reduce the crime of violence against children, the government had made legal rules with binding sanctions that are expected to provide a deterrent effect to the perpetrators. As for juridically the legal regulations governing criminal acts of violence on children are: 1) Law Number 35 of 2014 concerning Child Protection, 2) Book of Criminal Law (KUHP), 3) Law Number 23 of 2004 concerning the Elimination of Domestic Violence Stairs, 4) Law Number 4 of 1979 concerning Child Welfare.