Legal Protection for Children Who Experience Psychological, Emotional, and Moral Abuse in Society

Child protection law is a state policy in guaranteeing the rights and obligations of the child itself, both regulated in private law and in public law and formal law in the sense of the process of enforcing the protection of the child. Child protection is an effort to maintain children's human rights so that they can continue to grow and develop into the hope and successor of the nation and state. Legal protection for victims is an obligation of the state and society that must be sought, be it government institutions, be it the police or child protection institutions or the community itself. This study aims to find out how to realize legal protection for child victims of sexual violence, to find out the obstacles faced in implementing legal protection and to find out what efforts are being made to overcome obstacles in the legal protection process for victims of child abuse so that justice and legal certainty fully implemented. This research was conducted using descriptive analysis method, namely providing researched data about the condition of the object under study, namely victims of sexual violence associated with statutory regulations, and normative juridical methods. The data obtained from library research is supported by field research, namely conducting interviews, then analyzed qualitatively. This research was conducted at Komnas Perempuan, the Center for Integrated Protection for the Empowerment of Women and Children (P2TP2A), and the Institute for Child Rights Advocacy (LAHA), the Indonesian National Commission for Child Protection. Based on the results of the study, it was concluded that legal protection for child victims of underage sexual abuse has not been fully realized because there are still children who have not received the rights regulated by law. Such as the rehabilitation process and getting the progress of the case and the resolution of the case. Constraints faced are obstacles regarding legal protection for child victims of sexual violence, namely legal protection for child victims of sexual violence in the form of obscenity, namely the process of completing difficult case investigations, low level of public awareness and lack of facilities in the investigation process. Meanwhile, efforts that can be done are to resolve cases quickly and according to the law, increase public awareness and coordinate with institutions that are related to the legal protection process for victims of sexual abuse as a form of sexual violence.

This study discusses the abuse of minors and the legal implications and protections afforded to victims. Child maltreatment is an act of violence involving minors under the age prescribed by law, including physical, emotional, and sexual abuse. The Child Protection Law regulates cases of child abuse and provides a strong legal basis for protecting children's rights. The criminal implications of child maltreatment include various legal consequences imposed on perpetrators, such as imprisonment and fines. The main purpose of these criminal implications is to ensure justice for victims, prevent the repetition of similar crimes, and give an unequivocal message that child maltreatment is unacceptable. Protection of victims of child abuse covers a wide range of aspects, including victims' rights to feel safe, privacy, physical and psychological recovery, uninterrupted education, justice in due process, fair compensation, and effective protection from authorities. Parents also have an important role in providing protection to children who are victims. Cooperation from various parties, including the state, government, community, and family, as well as the implementation of strong laws, are expected to prevent cases of abuse of minors, ensure the protection and recovery of victims, and realize justice.

When the state is the only party entitled to determine which is called the violation and what is not, then the position of state law and law enforcement officials is higher than the individual and the directly harmed perpetrator inflicted. This type of research in this thesis is a normative legal research. This study aims to examine the legal arrangements concering the legal protection by the state against sexualy victimized. To assess the state legal protection for victims of sexual abuse. To examine the legal protection policy for victims of sexual. Legal arrangement reganding legal protection bythe state against sexualy victimized. Law No.23 Year 2002 on Child Protection, set up the law for victims of abuse any person knowingly to violence or threats of violence, force, deceit,a series of lies, or persuading a child to commit or tolerate obscene acts, shall be punished with imprisonment minimum of 3 years and maximum fine of Rp. At Least 300 milillion and Rp.60 milion. Law No 13 of 2006 on the Protection of Witnesses and Victims in preamble this law was born because thet one valid evidence in a court proceeding is whitness and/or victim who hear, see, or experience the occurrence of a crime in an effort to seek and find clarity about criminal offenses commetted by criminals. Legal protection by the state against sexually victimized. The issue of protection against minors who are victims of abuse or sexual assault is not an easy mather for us to practice in reality in everyday life. Particularly in the case of fedofilia or sexual abuse of children under the age where a child should not get the wrong treatment, because every child has a right contained in Law No.23 of 2002 on Child Protection Article 81 paragraph (1) and (2). The rights of children who are victims of crime are : 1) Getting physical assistance (medical first aid, cloting, shelter and so on). 2) Got a problem resolution support (reporting, legal counsel, and defense). 3) Got back his property. 4) Obtain guidance and rehabilitation. Obtaining compensation (restitution, compensation) of the perpetrator (according to ability) or other parties concered for justice and welfare are concered. Penal sanctions set out clearly the Child Protection Act. Non Penal sanctions against sexual victims, especially children are abstract, meaning is less clear how much compensation

Today, violations of children’s rights have become more intense and have taken on new forms. Child protection laws provide a legal framework designed to shield children from harm and abuse, especially sexual abuse. These laws define the rights and responsibilities of parents, the state, and others involved with children. The objectives of this research are 1) to study the legal measures regarding child protection laws and issues related to the sexual exploitation of children in Thailand, compared to international and foreign laws, and 2) to explore ways to amend and improve Thai laws on child protection from sexual exploitation of children in Thailand to align with international standards. The study found that significant child protection laws in Thailand include: 1) the Child Protection Act, B.E. 2546 (2003), 2) the Anti-Human Trafficking Act, B.E. 2551 (2008), and 3) the Domestic Violence Victims Protection Act, B.E. 2550 (2007). However, due to various factors and ambiguous definitions, the child protection laws have not fully achieved their objectives, allowing offenders to receive lighter punishments. Therefore, this article examines ways to amend and improve Thai child protection laws regarding sexual exploitation of children to be consistent with international law. The recommendations on legal action can be divided into three approaches: legal measures and child protection issues regarding sexual exploitation of children, child protection issues from sexual exploitation, and measures to suppress those who sexually exploit children.

The issue of sexual abuse against children with disabilities remains a critical concern globally, with such children being more vulnerable than their peers without disabilities. This paper examines the gaps and challenges in child protection laws, with a particular focus on Indonesia, through a comparative analysis of international frameworks. While Indonesia has made progress through reforms like the 2016 Child Protection Law and the 2022 Sexual Violence Crime Law, it still faces challenges in addressing the specific needs of children with disabilities. These children often struggle with communication barriers, cognitive limitations, and societal stigma, which prevent them from reporting abuse and hinder justice. Drawing on the experiences of countries like the United Kingdom, Australia, and Canada, the paper identifies key lessons for strengthening Indonesia’s legal frameworks. The UK’s comprehensive approach to child protection, Australia’s rights-based system, and Canada’s integration of Indigenous perspectives provide valuable insights for Indonesia. The paper argues that Indonesia should expand its legal protections, enhance access to justice, and adopt a multidisciplinary approach to safeguarding children with disabilities. It emphasizes the importance of cultural sensitivity and the use of technology in improving child protection systems. Ultimately, the paper calls for a shift towards a rights-based model, ensuring that children with disabilities are empowered and protected in Indonesia and beyond.

While the Indonesian government has passed the Law on Child Protection to ensure the fulfillment of children's rights, there remain a substantial number of children who are victims of sexual violence. In fact, the cases reached 14,517 in 2021. For that reason, this paper aims to discuss the imposition of criminal sanction against sexual abusers and law protection for child victims of sexual abuse. This paper is a normative legal research that puts emphasis on the legal approach, especially the Child Protection Law. Regulations on procedures for imposition of sanction against sexual offenders are already included in the Child Protection Law, despite the fact that sanctions are not explicitly defined since there are minimum and maximum criminal sanctions. Therefore, it is perceived that judges can impose minimal criminal sanctions, including chemical castration, which is one of the additional sanctions as regulated in Law Number 17 of 2016. For those categorized as child victims, psychological advocacy is important to recover their mental condition and to move on from past trauma. This has been regulated as special protection that takes the forms of reproductive health education, inculcation of religious values and decency; social rehabilitation; psychosocial advocacy toward healing; and protection and advocacy at every stage of trial, from investigation, prosecution, up to examination in court. Imposition of criminal sanctions against the offender and advocacy for child victims of sexual abuse must be optimally implemented to ensure their optimal growth and development to become this country’s future generation that succeed in making their dream come true.

Legal protection for victims of sexual abuse of minors is very important to guarantee children's rights and provide justice for them. Sexual abuse of children is an act of violence that can have serious impacts on the psychological, social, and physical development of children. Therefore, the state, through various legal policies, plays a role in protecting children from the threat of sexual abuse. In Indonesia, various regulations have been set to provide protection, such as the Child Protection Law, which regulates children's rights to protection from sexual violence. In addition, clear legal mechanisms and psychological assistance processes are also very necessary to ensure the recovery of victims after the incident. The importance of a child-friendly justice system is also highlighted in legal protection efforts, considering that victims often feel intimidated and marginalized in the legal process. A court process that is sensitive to the psychological condition of children will help reduce further trauma for victims. Legal protection also includes imposing strict sanctions on perpetrators to provide a deterrent effect, as well as educating the public about the importance of protecting children from sexual abuse. The government and related institutions must work together to strengthen this protection system.

BackgroundResearch on emotional child abuse in sub–Saharan Africa is scarce. Few studies thus far have examined prevalence, risk and protective factors for emotional child abuse or the associations between emotional abuse and girls’ health.MethodsA nationally representative two–stage, cluster–sampled, household survey of females aged 13–24 years (n = 1244) on childhood abuse victimisation was conducted. Participants completed interviewer–assisted questionnaires. Associations between emotional abuse and putative risk, and protective factors and health outcomes were analyzed using separate logistic regression models accounting for sampling design. Marginal effects of cumulative risk factors for emotional abuse victimisation were examined.ResultsLifetime prevalence of emotional abuse was 28.5% with 58.3% of these girls reporting many abusive incidents. The most common perpetrators were female (27.8%) and male (16.7%) relatives and, more rarely, biological parents. Risk factors associated with emotional abuse were frequent caregiver changes (odds ratio (OR) 1.42, 95% confidence interval (CI) 1.03–1.970, poverty (OR 1.51, 95% CI 1.12–2.03), and physical abuse (OR 1.98, 95% CI 1.45–2.71) and sexual abuse (OR 2.22, 95% CI 1.57–3.10) victimisation. Being close to one’s mother was a protective factor (OR 0.88, 95% CI 0.80–0.97). Risk for emotional abuse increased from 13% with no risk factors present to 58.4% –with all four risk factors present. Health outcomes associated with emotional child abuse were suicidal ideation (OR 1.85, 95% CI 1.30–2.63) and feeling depressed (OR 1.89, 95% CI 1.31–2.71).ConclusionsGirls in Swaziland experience high levels of emotional abuse victimisation. Emotional abuse is associated with economic disadvantage, family factors, other types of abuse victimisation and poor mental health. Therefore, a holistic approach to prevention is needed, incorporating poverty reduction and programmes to improve parent–child relationships, reduce the use of harsh criticism, and change parenting social norms.

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.

The legal protection that has been provided by the government in cases of child abuse is by passing various regulations governing the imposition of sanctions and fines as well as fulfilling the rights of victims and perpetrators, this is stated in the Child Protection Law, the Sexual Violence Law, the Old and New Criminal Code. From these regulations, the protection provided for children as victims of sexual abuse is providing restitution and compensation for the losses experienced by the victim, providing psychological guidance for the victim, providing medical services, and the victim receiving legal protection, especially when being a witness to the case they are experiencing. And in its implementation in the case of decision Number 27/Pid.Sus/2024/PN.Dpk based on the author's study using normative legal research methods based on existing data sources, that in this case the law used in imposing criminal sanctions and fines was based on Law No. 35 of 2014 concerning Amendments to Law no. 23 of 2002 concerning Child Protection, by fulfilling the elements in article 76E by committing deception so that obscene acts can be committed against children, and criminal sanctions and fines are regulated in article 82, namely imprisonment for a minimum of 5 (five) years and a maximum of 15 (fifteen) years and a maximum fine of Rp. 5,000,000,000.00 (five billion rupiah) in this case the perpetrator committed repeated criminal acts which fulfilled the elements of Article 64 Paragraph 1 of the Criminal Code. Keywords: Child Protection; Obscenity; Criminal Witnesses and Fines; Abstrak Perlindungan hukum yang telah diberikan oleh pemerintah dalam kasus pencabulan anak ialah dengan mensahkan berbagai macam peraturan yang mengatur tentang pemberian sanksi dan denda serta pemenuhan hak korban dan pelaku, hal ini tercantum didalam UU Perlindungan Anak, UU Tindak Kekerasan Seksual, KUHP Lama dan Baru. Dari peraturan tersebut bahwa perlindungan yang diberikan bagi anak sebagai korban pencabulan adalah memberikan restirusi dan kompensasi atas kerugian yang sudah dialami oleh korban, memberikan bimbingan psikologis bagi korban, memberikan pelayanan medis, dan korban mendapat perlindungan hukum khususnya ketika menjadi saksi atas kasus yang dialaminya. Serta dalam implementasinya di kasus putusan Nomor 27/Pid.Sus/2024/PN.Dpk berdasarkan kajian penulis dengan metode penelitian hukum normatif berdasarkan sumber data yang ada, bahwa dalam kasus tersebut UU yang digunakan dalam pemberian sanksi pidana dan denda berdasarkan UU No. 35 tahun 2014 tentang Perubahan Atas UU No. 23 tahun 2002 tentang Perlindungan Anak, dengan telah memenuhi unsur dalam pasal 76E dengan melakukan tipuan agar dapat dilakukan perbuatan cabul kepada anak, dan sanksi pidana dan denda diatur dalam pasal 82 yaitu pidana penjara minimal 5 (lima) tahun dan maksimal 15 (lima belas) tahun dan denda paling banyak Rp. 5.000.000.000,00 (lima miliar rupiah) dalam kasus ini pelaku melakukan tindak pidana secara berulang yang mana telah memenuhi unsur pada pasal 64 Ayat 1 KUHP.

1,2 Assist Prof. Community Health Nursing, Nursing Collage, Menoufia University – Egypt Nurse Specialist at Family Planning Center Menoufia Governorate, M.O.H ____________________________________________________________________________ Abstract: Background: There is a societal need to institutionalize child protection mechanisms and services for monitoring of children subjected to abuse and exploitation. The aim of the study was to assess the occurrence of violence among orphaned children and its consequences on their physical and psychological health status. Subjects & methods: a descriptive analytical study design was utilized at three randomly selected orphanage institutions-Menofia Governorate, Egypt. All children and adolescents from 6-18 years residents at the selected orphanage home (n=125) were included and thirty eight caregivers who accepted to fill the aggression behavior measurement. Six tools were used. Results: Most of the studied children/adolescents (72.80%) reported exposure to physical abuse, while 71.20% exposed to psychological abuse. Also, 30.4% of all children had stitches and wound healing scars. Most of them (86.4%) had dental caries. Most of them (70.4%) had emotional disorders. The higher mean score of orphaned children who had panic attacks and agoraphobia were in the age group between 10-<14 years of orphaned studied children. Most of children (87.9%, & 88.8%) who reported exposure to physical and psychological abuse respectively, had moderate levels of anxiety, low self-esteem and aggression. Conclusion: institutionalized young children and adolescents were vulnerable to several forms of abuse. Lack of quality of services provided in institutions was the main source of abuse. They reported exposure to physical and psychological abuse, while sexual abuse was not reported. The majority of them became underweight, were more prone to fractures, dental caries and emotional disorders. Most of those who exposed to physical and psychological abuses had moderate levels of anxiety, low self-esteem and aggression . Recommendation: Maintaining child's safety and security, monitoring orphanage institute program and activities; staff training and guidance services, in addition, activating the child protection laws.

The legal protection in the form of restitution for child victims of serious abuse, highlighting the case of David Ozora as a concrete study. The main focus is directed at the inequality of the criminal justice system, which tends to be perpetrator-oriented, while the position of the victim is often neglected. Restitution is seen as an important instrument in realizing restorative justice that emphasizes the restoration of victims' rights, not only through criminal sanctions for the perpetrators. This study uses a normative juridical method, combining a legislative approach and case studies. The research findings indicate that legal protection for child victims has been regulated through the Child Protection Law, the Witness and Victim Protection Law, and Government Regulation Number 43 of 2017, which specifically regulates the procedures for granting restitution. In the case of David Ozora, the court not only sentenced the perpetrator to prison but also determined a large amount of restitution, indicating the state's recognition of the victim's right to restitution. However, the application of excessively high restitution also creates a dilemma when the perpetrator is a child, as it has the potential to conflict with the principles of restorative justice in the juvenile criminal justice system. Thus, this study emphasizes the importance of implementing proportional restitution that prioritizes the best interests of children, both as victims and perpetrators, to achieve substantive justice consistent with humanitarian values.

Violence against women and children in Indonesia is a complex problem that requires serious attention and a multidimensional approach. This study aims to analyze the phenomenon of violence against women and children in Indonesia from a legal perspective. This study uses normative and legal methods that focus on assessing the existing legal framework, its implementation, and the challenges and opportunities in efforts to eliminate violence. The results indicate that Indonesia has a relatively comprehensive legal framework, including the Domestic Violence Law, the Child Protection Law, the Criminal Code and ratification of international conventions such as CEDAW. However, law enforcement still faces various obstacles, including a lack of understanding among law enforcement officers, limited resources, and socio-cultural barriers. This study identifies the multidimensional impacts of violence against women and children, including health, psychological, social, and economic aspects. Through this study, researchers recommend a series of strategic steps, including legal reform, increasing the capacity of law enforcement officers, expanding victim support services, and strengthening prevention efforts through education and public awareness campaigns. Better coordination between various stakeholders is also emphasized as the key to success in overcoming the problem of violence against women and children in Indonesia.

In the 2019-2021 era, sexual harassment continues to increase from year to year. According to KEMENPPA, there were 11,057 cases of violence against minors in 2019, 11,279 cases in 2020 and 12,566 cases until November 2021. Sexual violence was experienced by 45 percent of children, 19 percent of psychological violence, and 18 percent of physical violence. Especially regarding the victims are women and children, after the revelation of a case of sexual harassment by the leadership of a pesantren in Bandung. This study aims to provide legal protection to children as victims, provide psychological health protection for children and prevent sexual violence against children. This study uses a qualitative method. According to research findings, sexual harassment in Islamic boarding schools has become more open, thanks to the courage of students who report incidents of sexual harassment. The Child Protection Law, the Criminal Code, and the Criminal Procedure Code all provide legal protection for children who experience sexual harassment (KUHAP). The role of the state apparatus, especially the police as law enforcement officers who carry out the mission of protecting the community, is very much needed in handling these cases. The role of parents is also very important here, because they must act as a source of calm and encouragement for the child so that the incident does not traumatize the child.

In the 2019-2021 era, sexual harassment continues to increase from year to year. According to KEMENPPA, there were 11,057 cases of violence against minors in 2019, 11,279 cases in 2020 and 12,566 cases until November 2021. Sexual violence was experienced by 45 percent of children, 19 percent of psychological violence, and 18 percent of physical violence. Especially regarding the victims are women and children, after the revelation of a case of sexual harassment by the leadership of a pesantren in Bandung. This study aims to provide legal protection to children as victims, provide psychological health protection for children and prevent sexual violence against children. This study uses a qualitative method. According to research findings, sexual harassment in Islamic boarding schools has become more open, thanks to the courage of students who report incidents of sexual harassment. The Child Protection Law, the Criminal Code, and the Criminal Procedure Code all provide legal protection for children who experience sexual harassment (KUHAP). The role of the state apparatus, especially the police as law enforcement officers who carry out the mission of protecting the community, is very much needed in handling these cases. The role of parents is also very important here, because they must act as a source of calm and encouragement for the child so that the incident does not traumatize the child.