DiH : Jurnal Ilmu Hukum
Volume 22 Nomor 2 Agustus 2026

Legal Gaps in Protecting Children Born of Rape: Assessing the Implementation of Indonesia's TPKS

Erma Hari Alijana (Universitas Pamulang, Indonesia)
Sayang Bidul (Universitas Muhammadiyah Yogyakarta, Indonesia)
Rufaidah Rufaidah (Universitas Pamulang, Jakarta, Indonesia)



Article Info

Publish Date
24 Aug 2026

Abstract

Children born from rape face a vulnerable legal position because their civil rights are often regulated under the general legal framework for children born outside marriage, despite the distinct circumstances surrounding their birth. This situation creates uncertainty in the fulfillment of their fundamental civil rights, including birth registration, inheritance, health protection, and identity privacy. This study aims to analyze the implementation of legal protection and legal certainty concerning the civil rights of children born from rape based on Law Number 35 of 2014 concerning Child Protection. This study employs normative legal research using an analytical-interpretative approach to examine the relevant legal norms concerning the protection and civil rights of children born from rape. The results indicate that the existing legal framework has not provided comprehensive protection due to legal gaps and overlapping regulations. Children born from rape tend to be equated with children born outside marriage in general, resulting in structural victimization, social stigma, emotional vulnerability, and limitations in accessing fundamental civil rights. The novelty of this study lies in the need to establish a specific legal framework that separates the fulfillment of the civil rights of children born from rape from the general legal regime governing children born outside marriage. Based on the best interests of the child and the principle of equality before the law, legal reform is necessary to guarantee automatic protection from birth, including free birth registration, scientific determination of biological relationships, special health protection, and strict protection of identity and privacy.

Copyrights © 2026






Journal Info

Abbrev

dih

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

DiH: Jurnal Ilmu Hukum is published by the by the University Law Faculty Doctor of Law Study Program August 17, 1945 Surabaya. First published in 1996 and up to now there are as many as two editions per year. This journal gives readers access to download journal entries in pdf file format. DiH: ...