Journal of Law, Poliitic and Humanities
Vol. 6 No. 6 (2026): (JLPH) Journal of Law, Politic and Humanities

Balancing Child Protection and Human Rights in School Bullying Cases: Developing a Legal Balancing Model within the Indonesian Legal System

Agus Bambang Nugraha (Universitas Negeri Yogyakarta, Yogyakarta, Indonesia)
Eny Kusdarini (Universitas Negeri Yogyakarta, Yogyakarta, Indonesia)
Suharno (Universitas Negeri Yogyakarta, Yogyakarta, Indonesia)



Article Info

Publish Date
18 Sep 2026

Abstract

School bullying has become a significant legal and educational issue in Indonesia because it involves the constitutional rights of both child victims and child perpetrators. Although Indonesian law provides comprehensive legal protection for children, limited legal scholarship has examined how child protection obligations and human rights guarantees should be balanced within a single legal framework. This study aims to analyse the legal conflict between these competing interests and to develop an integrated framework for handling school bullying cases. The research employed a normative juridical approach supported by a socio-legal perspective through the analysis of constitutional provisions, statutory regulations, international legal instruments, judicial decisions, and scholarly literature. The findings indicate that the principal challenge lies not in the absence of legal regulation but in harmonising the protection of victims with the rights of child offenders to rehabilitation, education, and due process. This study proposes a Legal Balancing Model integrating constitutional child protection, proportionality, restorative justice, educational continuity, institutional accountability, and the best interests of the child. The proposed model represents the study's principal novelty and provides normative guidance for policymakers, educational institutions, and law enforcement agencies in resolving school bullying cases while ensuring justice, child protection, and respect for human rights.

Copyrights © 2026






Journal Info

Abbrev

JLPH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities ...