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All Journal Ekasakti Journal of law and Justice Journal of Global Legal Review
Miasiratni
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Law, Crime, Criminology & Criminal Justice

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The State's Obligation to Protect Children's Rights Under National and International Law Miasiratni; Agustini, Sri; Toni Parlindungan, Gokma
Ekasakti Journal of Law and Justice Vol. 2 No. 2 (2024): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/a3tq5212

Abstract

The state's obligation to protect children's rights is not only based on national law but must also be in line with international commitments. The aim of the research is to analyze the extent to which the state fulfills its responsibilities in ensuring the protection of children's rights in accordance with international provisions, such as the Convention on the Rights of the Child (CRC), and national regulations, such as the Child Protection Law in Indonesia. The research method used is a normative juridical approach with analysis of legal documents, statutory regulations, and literature studies. The research results show that although the international legal framework has been adopted into national law, its implementation still faces various obstacles, including a lack of inter-institutional coordination, limited resources, and a lack of public understanding of children's rights. This journal recommends strengthening national regulations and increasing institutional capacity to ensure more optimal protection of children's rights.
Sanksi Pidana Untuk Perlindungan Anak Sebagai Korban Eksploitasi Berdasarkan Undang-Undang Nomor 35 Tahun 2014 Miasiratni
Journal of Global Legal Review Vol. 1 No. 2 (2023): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v1i1.202

Abstract

Children are a blessing in the family. Children should be protected and have their rights respected. It is natural for the state to guarantee and protect children's rights. Both civil, social, political, cultural and economic. In reality, families and even the state have not been able to provide adequate welfare for children. One of the problems that still occurs is the exploitation of children, which not only violates children's rights, but also has a negative impact on children both physically and psychologically. Child exploitation shows arbitrary treatment of children carried out by families and society. Forcing children to do something for economic, social or political interests without paying attention to the child's right to receive protection in accordance with their physical, psychological development and social status. This method uses normative legal research methods, namely examining laws that are conceptualized as applicable norms or rules, including child protection laws and related regulations. The results of this research show that the people most responsible for child protection are the parents. Therefore, it can be said to intentionally exploit children by seeking commercial profits from their work and acts of violence against children. The provisions that can ensnare those who carry out exploitation are Law Number 35 of 2014 concerning Child Protection. Second research results. The threat of sanctions against perpetrators of violence, both in child protection laws and the Criminal Code, are some that are heavier and some that are lighter. But in Law Number 35 of 2014, apart from physical threats there are also threats of fines and threats of minimum sanctions, in the Criminal Code there are only physical threats, there are no minimum threats.
Co-Authors Gokma Toni Parlindungan Sri Agustini