TINJAUAN YURIDIS PERLINDUNGAN HUKUM TERHADAP ANAK SELAKU KORBAN KEKERASAN FISIK DALAM RUMAH TANGGA BERDASARKAN PUTUSAN PENGADILAN NEGERI MEDAN NOMOR 150/PID.SUS/2023/PN MDN

Abstract

Children are vulnerable individuals who require special protection from the state, society, and family. Nevertheless, cases of physical violence against children within the domestic sphere remain prevalent in Indonesia. This study aims to analyze the juridical protection afforded to child victims of domestic physical violence and examine the legal considerations employed by judges in Decision Number 150/Pid.Sus/2023/PN Mdn. This research adopts a normative legal method using statutory, conceptual, and case approaches. Primary legal materials consist of the 1945 Constitution of the Republic of Indonesia, Law Number 35 of 2014 concerning Child Protection, Law Number 23 of 2004 concerning the Elimination of Domestic Violence, and Decision Number 150/Pid.Sus/2023/PN Mdn. Secondary legal materials include books, journals, legal doctrines, and previous research relevant to child protection and criminal law. The findings reveal that Indonesian legislation has established comprehensive legal safeguards for child victims through preventive and repressive mechanisms. Child victims are entitled to legal assistance, restitution, compensation, rehabilitation, and protection of their physical and psychological well-being. However, the analysis of Decision Number 150/Pid.Sus/2023/PN Mdn demonstrates that judicial considerations primarily focused on criminal punishment for the offender, while insufficient attention was given to the recovery rights of the victim. Although the defendant was found guilty under Article 80 paragraph (2) in conjunction with Article 76C of Law Number 35 of 2014, the judgment did not provide restitution, compensation, or rehabilitation for the child victim. Consequently, the implementation of child protection principles remains incomplete. This study concludes that legal protection for child victims should not only emphasize punishment but also prioritize comprehensive recovery and restorative justice mechanisms to ensure the fulfillment of children’s rights.