PERLINDUNGAN HUKUM BAGI ANAK YANG BERHADAPAN DENGAN HUKUM SEBAGAI KORBAN KEKERASAN DALAM RUMAH TANGGA (Suatu Studi di Polresta Kendari)

Abstract

This study aims to determine and analyze the form of legal protection provided by law enforcement to children as Victims of Domestic Violence (KDRT) and to determine the obstacles that arise in the efforts of law enforcement to provide protection to children who are victims of Domestic Violence (KDRT). This study was conducted from March to June 2017 at the Kendari Police Department. This study is more comprehensive and objective, the data collected will be analyzed qualitatively and then described. The results of the study indicate that the form of legal protection provided by law enforcement to children who are in conflict with the law as victims of domestic violence according to Law No. 23 of 2004 concerning the Elimination of Domestic Violence. Protection of children as victims of domestic violence is through the provision of criminal sanctions to perpetrators of violence against children. Law No. 35 of 2014 concerning Child Protection also stipulates several other forms of protection for children who are victims of violence. Article 17 paragraph (2) which reads: "Every child who is a victim or perpetrator of violence or who is in conflict with the law has the right to be kept confidential". Legal apparatus (police) as the maintainers of public security and order, law enforcement, protection and patronage as well as public services, have the authority to take legal action related to handling domestic crimes, both investigations and inquiries and obstacles that arise in the implementation of the protection of children in conflict with the law as victims of domestic violence, namely: from the victim's side, including the victim's fear of shame, the victim's fear of the judicial process, the victim's fear of retaliation from the perpetrator, and the unavailability of shelters or safe houses, as well as community factors and the slowness of law enforcement in handling children as victims of domestic violence.