Korban Kekerasan Orang Tua: Strategi Pemulihan Ham Anak dalam Sistem Hukum Keluarga Indonesia

Abstract

Parental violence against children constitutes a serious violation of their human rights, as guaranteed by Article 5 of the 1948 Universal Declaration of Human Rights and Article 19 of the 1989 Convention on the Rights of the Child. It is also contrary to Indonesia’s family law system, as set out in Law No. 35 of 2014 on Child Protection. This study aims to analyse the forms of such violence and formulate a holistic, restorative strategy to restore children’s human rights. Using a normative-empirical approach involving the analysis of legal documents, court rulings and 2023 data from the National Commission on Violence Against Women (Komnas Perempuan), which recorded 45,000 cases annually (60% of which involved parents as perpetrators), it was found that effective strategies include medical and psychological rehabilitation via P2TP2A and TF-CBT, and restorative justice through mediation under Supreme Court Regulation (Perma) No. 4 of 2019. Socio-economic support, such as the PKH programme, is also crucial. The main obstacles are patriarchal culture and a regulatory vacuum regarding the KHI. The conclusion emphasises the need for cross-sectoral commitment and makes recommendations including the introduction of mandatory parental counselling, prioritisation of court mediation, sub-district recovery units and large-scale public awareness campaigns. This study contributes to the strengthening of child protection within Indonesian family law.