This Author published in this journals
All Journal Journal of Law
Eka Wahyuningrum
IBLAM School of Law

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

Kesenjangan Perlindungan Hukum bagi Anak Berkebutuhan Khusus Korban Kekerasan: Kajian terhadap UU Perlindungan Anak dan UU Penyandang Disabilitas Eka Wahyuningrum; Ina Heliany
Postulat Vol 4 No 2 (2026): POSTULAT: Jurnal Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v4i2.2238

Abstract

This study examines regulatory disharmony in the legal protection of children with special needs who are victims of violence in Indonesia and proposes policy reinforcement to ensure effective and non-discriminatory protection. The analysis focuses on inconsistencies between Law Number 35 of 2014 on Child Protection and Law Number 8 of 2016 on Persons with Disabilities, particularly within the criminal justice system. Using a normative juridical method with statutory, conceptual, and case-based approaches, this research is strengthened by a sociological perspective emphasizing the role of family and community. The findings indicate that although both laws recognize the rights of children with disabilities, the absence of operational provisions on reasonable accommodation, access to justice, and binding obligations for law enforcement results in protection that remains formalistic and insufficient in practice. This study argues that regulatory harmonization must move beyond declarative norms toward measurable and enforceable mechanisms integrating child protection principles, disability-inclusive access to justice, and procedural safeguards. The novelty of this research lies in its interdisciplinary approach, combining legal analysis with family and community sociology to develop a comprehensive legal protection system for children with special needs who are victims of violence.