班古鲁儿童对约会暴力的保护

Z. Fernando, Annisa Salsabila
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引用次数: 0

摘要

- 1945年《印度尼西亚共和国宪法》第28B条第(2)款强调,每个儿童都有生存、成长和发展的权利,然后也有权得到保护,免遭暴力和歧视。经2014年关于儿童保护的第35号法律修订的2002年第23号法律进一步解释了这些规范。实际上,未满18岁的儿童经常遭受各种形式的约会暴力,包括身体、情感、经济、性暴力,以及活动限制。它损害了孩子们的发展,而这将决定国家的未来。本研究旨在描述作为约会暴力受害者的儿童的法律保护形式,并发现执法障碍,为约会暴力的儿童受害者在Bengkulu。本研究采用一种司法经验(非理论)方法,通过定性数据分析观察社会中的法律。该研究结果表明,根据《儿童保护法》和《刑法》的规定,所有被归类为犯罪行为的约会暴力行为都可以受到制裁,前提是施暴者年龄在18岁以上。然而,在某些情况下,如打架,孩子为男朋友打架,或其他轻微暴力,调解是首选的替代解决方案。儿童对约会暴力的保护存在障碍,包括经济因素、儿童感情不成熟、人们向执法人员举报的勇气不高、公众知识缺乏、受害者对加害者的宽容意识仍然很强等。这项研究鼓励执法人员加强预防和压制措施,并加强与约会暴力问题有关的法律的社会化,因为社区,特别是儿童没有广泛了解这些问题。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Children Protection Towards Dating Violence in Bengkulu
—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.
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