CONSTRUCTION OF LEGAL PROTECTION AGAINST CHILDREN VICTIMS OF PSYCHICAL VIOLENCE IN THE HOUSE

Abstract

Psychological violence in the household, including against children, has a deep and long-lasting impact. This violence often goes unnoticed because it is verbal and non-physical. Children who experience psychological violence are at risk for short- and long-term mental and physical health problems. Support and therapy are important for children affected by psychological violence to heal the trauma. Legal protection for children who are victims of psychological violence in the household must be considered within the legal framework of the Indonesian government, such as the 1945 Constitution Article 28 G and Law Number 23 of 2004 concerning the Elimination of Domestic Violence. Legal protection of children also includes diversion in the criminal justice system, divorce cases, child labor, abandonment, and abandonment. This research provides insight and policy recommendations to strengthen the child legal protection system. Knowing the psychological impact of violence on children is important, as well as legal and psychological support for victims. Legal protection of children must be based on a humanitarian and human rights perspective to protect children's rights and ensure their welfare. This research uses a normative juridical approach method with analysis of articles in statutory regulations. This descriptive analysis research uses secondary data from literature studies and primary, secondary and tertiary legal documentation. Data collection was carried out through field and literature studies using qualitative data analysis methods to produce information relevant to the research objectives. The results and discussion presented explain the equal rights and obligations for each individual, the role of women in the household, the principles of building a household, as well as legal regulations related to domestic violence. Law no. 23 of 2004 concerning the Elimination of Domestic Violence regulates criminal acts of violence and the law enforcement process. This research highlights the differences between abuse in the Criminal Code and physical violence in the PKDRT Law, as well as the importance of understanding legal construction related to physical violence. The PKDRT Law emphasizes "balanced sentences" to maintain family integrity in handling cases of domestic violence. Article 51 of the PKDRT Law regulates criminal sanctions for perpetrators of physical violence as a complaint offense, where the perpetrator can be sentenced to a maximum prison sentence of 12 years or a fine of up to IDR 30,000,000.00.