Muwafaqat: Journal of Islamic Law
Vol. 2 No. 1 (2026): Muwafaqat: Journal of Islamic Law (inpress)

Equality Before the Law Against Police Officers Perpetrating Violence Against Children in the Tual Incident

Breavento Rahma Yudha (Fakultas Hukum)
Subadi (Faculty of Law, Merdeka University of Madiun, Indonesia)
Meirza Aulia Chairani (Faculty of Law, Merdeka University of Madiun, Indonesia)



Article Info

Publish Date
29 Jun 2026

Abstract

Purpose of the study: This study analyses the implementation of equality before the law toward police officers who committed violence against children in the Tual incident and formulates the ideal model of criminal liability for such officers. Methodology: The study employs normative legal research using statutory and conceptual approaches, examining the 1945 Constitution, Law No. 1 of 2023 on the Criminal Code, Law No. 2 of 2002 on the Indonesian National Police, Law No. 35 of 2014 on Child Protection, and Law No. 39 of 1999 on Human Rights, analysed descriptively and qualitatively. Main Findings: Equality before the law has not been optimally realised, owing to entrenched esprit de corps, weak internal and external oversight, conflicts of interest arising from institutional self-investigation, and asymmetric power relations within the law-enforcement system. Ideal criminal liability must be independent, transparent, and accountable. Novelty/Originality of this study: This study situates equality before the law at the intersection of child protection, human rights, and the criminal accountability of state officials. It advances existing knowledge by offering a concrete model of liability that integrates criminal and ethical sanctions, independent external oversight, and institutional reform oriented toward the best interests of the child, addressing persistent preferential treatment in Indonesian law-enforcement practice

Copyrights © 2026






Journal Info

Abbrev

muwafaqat

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance

Description

Muwafaqat: Journal of Islamic Law (E-ISSN 3109-886X) is a high-quality open access peer-reviewed research journal published by Cv. Kayaswara in collaboration with collaboration with the Center for Research and Community Service, Indonesia. Aiming to communicate original research and relevant current ...