Children Protection Towards Dating Violence in Bengkulu

Abstract

—Article 28B paragraph (2) of the 1945 Constitution of the Republic of Indonesia emphasized that every child has the right to live, grow and develop, then also has the right to have protection from violence and discrimination. These norms are further explained through Law Number 23 of 2002 as amended by Law Number 35 of 2014 concerning Child Protection. Practically, children are categorized as less than 18 years often experience dating violence in various forms, including physical, emotional, economic, sexual violence, to activity restrictions. It harms children's development that will determine the future of the nation. This study aims to describe the form of legal protection for children as victims of dating violence and to find obstacles of law enforcement for children victims of dating violence in Bengkulu. This study uses a juridical empirical (non-doctrinal) approach that observes the law in society with qualitative data analysis. This study showed that all types of dating violence which are classified as criminal acts can be subject to sanctions based on the provisions of the Child Protection Act and the Criminal Code if the perpetrator is more than 18 years old. However, in certain cases, such as fighting, children fighting over their boyfriends, or other minor violence, mediation is preferred as an alternative solution. There are obstacles in children's protection towards dating violence, including economic factors, immature feelings of children, low people's courage to make reports to law enforcers, lack of public knowledge, and the victim's sense of tolerance towards the perpetrator is still strong. This study encourages enhancement in preventive and repressive measures by law enforcers, as well as to increase the socialization of the law related to date violence issues which is not widely understood by the community, children in particular.