p–ISSN: 2723 – 6609 e-ISSN: 2745-5254
Vol. 5, No. 12, December 2024 http://jist.publikasiindonesia.id/

Indonesian Journal of Social Technology, Vol. 5, No. 12, December 2024 5874

Effectiveness of Child Protection Laws in Cases of Sexual
Abuse of Minors

Hartaty Halim1*, Hery Firmansyah2

Universitas Tarumanagara, Indonesia
Email: [email protected]*, [email protected]

*Correspondence

ABSTRACT
Keywords: child
protection law; sexual
abuse; implementation.

Sexual abuse of minors is a serious problem that affects
children's physical, psychological, and social development.
The Child Protection Law in Indonesia, which is regulated
in Law No. 35 of 2014, aims to protect children from
violence, including sexual abuse. However, the
implementation of this law still faces various challenges,
both in terms of understanding law enforcement officials and
obstacles in legal procedures that are not child-friendly. This
study aims to analyze the effectiveness of the
implementation of the Child Protection Law in handling
cases of sexual abuse of minors in Indonesia. The research
method used is a normative legal research method, which
focuses on laws and regulations, literature, and documents
related to child protection. The results show that although
this law provides a clear legal basis, the main challenges lie
in the lack of understanding of law enforcement officials,
legal procedures that are not sensitive to victims, and lack of
coordination between related agencies. In conclusion, to
increase the effectiveness of law implementation, it is
necessary to conduct training for law enforcement officials,
improve coordination between institutions, and empower
communities and educational institutions. With these steps,
it is hoped that the protection of children can be more
optimal.

Introduction

Child protection in Indonesia is very crucial considering the vulnerability of
children to various forms of exploitation and violence, including sexual violence. Sexual
violence against children, especially those committed against minors, is a type of crime
that has a long-term impact both physically, psychologically, and socially (Rahmatullah
& Marista, 2023). In Indonesia, several laws have been drafted to protect children who
are victims of sexual violence, one of which is Law of the Republic of Indonesia Number
35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child
Protection. Although there are various child protection policies, the facts on the ground

Effectiveness of Child Protection Laws in Cases of Sexual Abuse of Minors

Indonesian Journal of Social Technology, Vol. 5, No. 12, December 2024 5875

show that cases of sexual abuse of minors are still frequent, and the number is even
increasing (Efrinaldi, Jayusman, & Yenis, 2023) .

Cases of sexual violence against minors, especially in recent years, show alarming
numbers. Based on data reported by the Indonesian Child Protection Commission
(KPAI), from 2018 to 2020, there were thousands of cases of sexual abuse of children
recorded in Indonesia. In the report, many of these cases involve perpetrators close to the
victim, such as family members or people trusted by the victim and his family (Madrah,
Riansyah, Alamsyah, & Fatmawati, 2022). This indicates that the protection of children
does not only depend on the existence of governing laws, but also on strengthening
education, public awareness, and supervision of the family and social environment
(Ernawati, Abdullah, & Subhan, 2023).

In this context, the existence of the Child Protection Law is very important to
provide a legal basis for handling cases of sexual violence against children (Priasmoro,
Firmansyah, Afifah, Setyorini, & Meiyurtaningsih, 2022). This law guarantees the
protection of children's rights which includes the right to live, grow, develop, participate,
and get protection from all forms of violence, discrimination, and exploitation. However,
even though there is a clear legal basis, the implementation of the law often encounters
various obstacles in the field, both in terms of less firm law enforcement, low public
awareness, and the unpreparedness of the legal system in handling cases of sexual abuse
of minors (Farida, Wijaningsih, & Natalis, 2024).

One of the biggest challenges in handling cases of sexual violence against children
is the difficulty in the evidentiary process, especially considering that children as victims
often experience psychological trauma that prevents them from giving clear and complete
testimony (Gunawan, Haque, Rahma, & Andrian, 2022). In addition, children often do
not have a sufficient understanding of their rights and have difficulty expressing their
adverse experiences, which can be an obstacle to the legal process. This situation requires
a sensitive approach to children, both in the process of investigation, and examination and
in court (Pratamawaty, Dewi, & Limilia, 2021). In addition, the unpreparedness of law
enforcement officials in handling cases of sexual abuse against children, such as the lack
of training in interacting with children victims of violence, has also worsened the
effectiveness of the protection provided by the law.

In this law, sexual abuse of children is described as an act that violates the rights of
children and can be subject to severe criminal penalties. Articles regulating child
protection in the case of sexual violence emphasize the importance of victim protection
as well as adequate legal processes to ensure that perpetrators are punished fairly.
However, the application of strict punishment alone is not enough to provide the expected
deterrent effect. More comprehensive efforts are needed, such as early prevention,
education to the community, and family participation in protecting children from potential
sexual violence.

In addition, the existence of recent policies, such as Law No. 17 of 2016 concerning
the Stipulation of Government Regulations instead of Law on Amendments to Law No.
23 of 2002 concerning Child Protection which adds criminal sanctions for perpetrators of

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sexual crimes against children, especially for perpetrators who repeat their acts
(recidivists), shows that there is serious concern from the government in handling cases
of sexual violence against children. The regulation also states that perpetrators of sexual
crimes against children can be sentenced to longer prison terms and larger fines. However,
despite the strong threat posed by the law, the implementation of these penalties is often
hampered by problems in the justice system, including uncertainty in the applicable legal
procedures (Kosvianti, Susanti, Purnomo, & Suhadi, 2020).

As a country that upholds human rights, Indonesia must also ensure that existing
laws are not only a symbol of protection, but can also be effectively applied in practice.
Therefore, in addition to strengthening law enforcement institutions, it is also necessary
to pay attention to the aspect of public education about the importance of child protection,
as well as how to protect children from potential sexual violence (Prastiwi, Wahyudi, &
Famelasari, 2019). Preventive efforts through healthy and appropriate sex education from
an early age, as well as psychological assistance for children victims of sexual abuse,
must also be part of a more holistic approach to addressing this issue (Firdaus & Regieri,
2022).

Additionally, it is important to note that most perpetrators of sexual violence against
minors are people close to the child, such as family members or other close ones.
Therefore, the role of the family in preventing sexual violence is very important.
Education on the importance of maintaining personal boundaries and an introduction to
children's rights should also be provided to each individual from an early age. The
involvement of all parties, both the government, the community, and families, is crucial
in creating a safe environment for children.

Overall, although the Child Protection Law provides a strong legal basis for
protecting children from sexual violence, including minors, there are still many
challenges faced in implementing it effectively. The effectiveness of this law depends on
many factors, ranging from a child-friendly justice system, training for law enforcement
officials, and public awareness, to support for victims in the recovery process. Therefore,
there is a need for continuous evaluation of the implementation of this law, as well as the
strengthening of the child protection system as a whole to create real changes in reducing
sexual violence against minors.

Method

The normative law research method is a research approach that focuses on the
analysis of applicable legal norms, both in the form of laws and regulations, doctrines,
and jurisprudence. In this study, the researcher will examine various written legal sources
to understand and assess the consistency, suitability, and application of law in a certain
legal case or problem.

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Indonesian Journal of Social Technology, Vol. 5, No. 12, December 2024 5877

Results and Discussion
The Role of Law Enforcement Officials in Implementing the Child Protection Law
in Sexual Abuse Cases

Sexual abuse of minors is one of the most worrying forms of violence in society.
Its very wide impact, not only on the physical but also on the psychological and social of
children, makes it a very important issue to get serious attention from the government,
the community, and law enforcement officials. In Indonesia, the protection of children
who are victims of sexual violence is regulated in Law Number 35 of 2014 concerning
Amendments to Law Number 23 of 2002 concerning Child Protection. The law provides
broader protections for children, including provisions on the rights of children who are
victims of sexual violence. However, the effectiveness of the implementation of the law
is highly dependent on the role of law enforcement officials, consisting of the police,
prosecutor's office, and courts in enforcing and applying the law appropriately.

Law enforcement officials have a very important role in handling cases of sexual
abuse of children. As the frontline of the justice system, they are responsible for ensuring
that children's rights as victims are protected, that legal proceedings run fairly and that
perpetrators receive appropriate sanctions. In the implementation of the Child Protection
Law, law enforcement officials not only play a role in the formal aspect of law
enforcement but also in providing protection and assistance to victims, so that they are
not increasingly traumatized during the legal process.

The police as the first law enforcement officer who usually interacts with victims
of child sexual violence play a very strategic role in the investigation and investigation
process. One of the main tasks of the police is to receive reports from victims or parties
who report the occurrence of criminal acts, conduct investigations into the case, and
collect the necessary evidence to ensure that the perpetrators can be identified and
processed by applicable law. In this case, the police need to have special knowledge and
skills in dealing with children victims of sexual violence, because the legal process
against children requires a different approach compared to criminal cases in general.

The process of investigating and examining children who are victims of sexual
violence requires special skills, considering that children often experience deep
psychological trauma. Therefore, investigators need to be trained to take a sensitive and
child-friendly approach, avoiding the use of interrogation techniques that can worsen the
victim's condition. In addition, the police must coordinate with various relevant
institutions, such as psychological institutions or child counselors, to ensure that the child
receives the necessary support during the legal process.

In addition, the Child Protection Law regulates special protection procedures for
children who are victims of violence, which includes the protection of children's
identities, the use of child-friendly spaces in examinations, and the need to involve legal
companions or social companions during the investigation process. In this context, the
police must comply with these provisions to provide maximum protection for children.

After the investigation process is completed and the case is submitted to the
prosecutor's office, the prosecutor has an important role in preparing the case for trial in

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Indonesian Journal of Social Technology, Vol. 5, No. 12, December 2024 5878

court. The prosecutor's task is to draft an indictment and present evidence that has been
collected by investigators, as well as provide convincing arguments before a panel of
judges to ensure that perpetrators of sexual crimes against children can be punished by
applicable law. In this case, prosecutors must ensure that every step in the legal process
pays attention to the interests of the child as a victim, as well as complies with the
provisions of the law governing the protection of children in the criminal justice system.

One of the challenges faced by the prosecutor's office is in terms of proof in child
sexual abuse cases because often victims are unable to give clear testimony or have
difficulty revealing what happened. Therefore, prosecutors need to rely on other evidence
that can support the case, such as the results of medical examinations, electronic evidence,
or witnesses who can provide relevant information. The success of prosecutors in
prosecuting child sexual abuse cases depends heavily on their ability to utilize all
available evidence, as well as present the case in a way that can convince the judge of the
perpetrator's guilt.

The court has a very important role in providing justice for children as victims, by
ensuring that the legal process runs fairly and transparently. In this case, judges must
comply with the child protection principles contained in the Child Protection Act, which
include the use of child-sensitive procedures and keeping the child from further exposure
to trauma resulting from the court proceedings. The court must also consider the rights of
child victims in every decision taken, as well as provide punishments that can have a
deterrent effect for perpetrators of sexual violence against children.

One of the things that needs to be considered by the court is the fulfillment of the
child's right to be accompanied by a parent or legal companion during the trial process.
The court must guarantee that no action can harm or worsen the psychological condition
of the victim's child during the legal process. In cases of sexual violence, the court also
often uses psychologists to assess the psychological impact experienced by the child, so
that it can be considered in the decision to punish the perpetrator.

Although the Child Protection Law has provided a strong legal basis for handling
cases of sexual abuse of children, there are several obstacles faced by law enforcement
officials in implementing this regulation. One of the main obstacles is the lack of training
and capacity of law enforcement officials to handle cases involving children as victims.
Handling child sexual abuse cases requires a sensitive approach and special skills, which
are often inadequate among law enforcement officers.

In addition, the existence of social and cultural pressures that make victims or
victims' families reluctant to report cases of sexual violence is also one of the challenges.
Some victims may feel ashamed or afraid of the social stigma they will face if they report
their cases. This causes the law enforcement process to be hampered and the difficulty
for law enforcement officials to disclose cases of sexual violence that occur.
The Effectiveness of the Implementation of the Child Protection Law in Handling
Cases of Sexual Abuse of Minors in Indonesia

Sexual abuse of minors is a serious crime that damages children's lives physically,
emotionally, and psychologically. Cases of sexual abuse of children not only have an

Effectiveness of Child Protection Laws in Cases of Sexual Abuse of Minors

Indonesian Journal of Social Technology, Vol. 5, No. 12, December 2024 5879

impact on the victim but also the family and society as a whole. Therefore, the state must
protect children, by the principles of human rights and international conventions that state
that children have the right to live, develop, and be protected from all forms of violence.
In Indonesia, the protection of children, including the handling of sexual abuse cases, is
regulated in Law Number 35 of 2014 concerning Child Protection which is an amendment
to Law Number 23 of 2002. Although these laws provide a clear legal basis for protecting
children from sexual abuse, their implementation in practice often faces a variety of
challenges that affect their effectiveness in handling such cases.

The Child Protection Law, which was passed in 2002 and updated in 2014, is
designed to provide comprehensive protection for children in Indonesia. In it, various
provisions regulate the protection of children from violence, including sexual abuse,
sexual exploitation, child trafficking, and various other forms of violence. One of the
main objectives of this law is to ensure that children who are victims of violence get their
rights to be treated with respect, receive protection from the state, and receive adequate
physical and psychological rehabilitation.

In the context of cases of sexual abuse of children, this law includes provisions on
the protection of witnesses and victims, the use of child-friendly procedures in legal
proceedings, as well as provisions on harsher penalties for perpetrators of sexual violence
against children. For example, punishment for child sexual abuse can be a longer prison
sentence, as well as additional punishments that can include restrictions on freedom or
even rehabilitation.

However, despite a clear legal framework, the effective implementation of the Child
Protection Law in handling child sexual abuse cases still often encounters various
obstacles in the field.

One of the main challenges faced in the implementation of the Child Protection
Law is the lack of adequate understanding from law enforcement officials regarding the
importance of child protection in the legal process. Cases of child sexual abuse often
involve deep psychological trauma for the victim, so the ongoing legal process must take
into account the special needs of the child. However, in many areas, law enforcement
officials, including police, prosecutors, and judges, still lack special training on how to
handle cases involving children as victims. This leads to insensitive handling of the case,
and the ongoing legal process often worsens the psychological state of the child.

In addition, legal procedures that are often complicated and take a long time are
also obstacles to the implementation of this law. Children as victims often have to go
through various stages of examination that are not child-friendly and can add to the
traumatic feeling they experience. Many cases involving children as victims of sexual
violence are neglected or hampered in the investigation stage due to a lack of strong
evidence or the inability of law enforcement officials to present relevant evidence. In
addition, the lack of coordination between relevant institutions in handling cases of sexual
abuse of children, such as the police, prosecutor's office, child protection institutions, and
other social institutions, is also a significant obstacle in handling this case
comprehensively.

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Indonesian Journal of Social Technology, Vol. 5, No. 12, December 2024 5880

In addition to law enforcement officials, the community also has a very important
role in implementing the Child Protection Law. Education about children's rights,
especially related to protection from sexual violence, needs to be instilled in the
community from an early age. The number of cases of sexual abuse of minors cannot be
separated from the public's ignorance of children's rights and the importance of reporting
cases of violence that occur. The community should be empowered to be more sensitive
to the signs of sexual violence experienced by children and feel responsible for reporting
such cases to the authorities.

Educational institutions also have a big role in creating a safe and child-friendly
environment, as well as providing education about children's rights and the importance of
protecting themselves from the threat of sexual violence. Educational curricula that
include material on child protection and children's sexual rights need to be introduced
more widely in schools so that children can understand how they can protect themselves
and know what to do if they become victims of violence.

Conclusion

This overall discussion highlights the importance of the implementation of the
Child Protection Law in handling cases of sexual abuse of minors in Indonesia. Although
the law has provided a clear legal framework, major challenges still arise in the
implementation process, both in terms of law enforcement officials' limited understanding
of child protection, as well as obstacles in legal procedures that are not child-friendly. To
increase its effectiveness, special training for law enforcement officials, increased
coordination between related institutions, as well as community empowerment and
education in raising awareness of children's rights are needed. In addition, the
rehabilitation system for victims must also be strengthened to support their
comprehensive recovery.

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