Mahendra, M. Rizki Adhi (2026) ANALISIS YURIDIS SANKSI PIDANA KEKERASAN FISIK TERHADAP ANAK (STUDI PERBANDINGAN UNDANG – UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA DAN UNDANG – UNDANG NOMOR 35 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG – UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK). Undergraduate thesis, Universitas Muhammadiyah Malang.
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Abstract
Children are legal subjects who must be protected from all forms of violence, including physical violence. However, in practice, physical violence against children still frequently occurs, even within the household environment. This condition indicates that legal protection for children still faces challenges, particularly in the application of criminal sanctions against perpetrators. In Indonesian positive law, the regulation of physical violence against children can be found in Law Number 23 of 2004 concerning the Elimination of Domestic Violence and Law Number 35 of 2014 concerning the Amendment to Law Number 23 of 2002 concerning Child Protection. The existence of these two regulations creates the need to examine their similarities, differences, and relevance in their application to acts of physical violence against children. This study aims to analyze the regulation of criminal sanctions for physical violence against children under both laws and to identify the differences in the criminal sanctions provided therein. This research employs a normative legal method with a statutory approach and a comparative approach. Legal materials were obtained through library research, including legislation, books, journals, and other relevant legal sources, and were then analyzed prescriptively. The results of the study show that both laws provide a legal basis for prosecuting perpetrators of physical violence against children, but they differ in terms of regulatory scope, severity of sanctions, and forms of sentence enhancement. The Law on the Elimination of Domestic Violence regulates physical violence within the general scope of the household, thereby positioning children as part of household members. Meanwhile, the Child Protection Law specifically places children as subjects entitled to special protection. In terms of sanctions, the Law on the Elimination of Domestic Violence provides a higher basic term of imprisonment, whereas the Child Protection Law provides a more systematic sanction framework, higher fines, and sentence enhancement when the perpetrator is a parent. Thus, it can be concluded that the Child Protection Law is more specific and more relevant to be applied in cases of physical violence against children, while the Law on the Elimination of Domestic Violence remains important as a legal basis in the context of violence occurring within the household.
| Item Type: | Thesis (Undergraduate) |
|---|---|
| Student ID: | 202110110311356 |
| Keywords: | Criminal Sanctions, Physical Violence Against Children, Domestic Violence Law, Child Protection Law, Legal Protection. |
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law > Department of Law (74201) |
| Depositing User: | 202110110311356 rizkiadhi604 |
| Date Deposited: | 08 Jun 2026 09:52 |
| Last Modified: | 08 Jun 2026 09:52 |
| URI: | https://eprints.umm.ac.id/id/eprint/30594 |
