Legal Protection of Children's Rights Resulting from Incest After the Enactment of Law Number 17 of 2016 concerning Child Protection
DOI:
https://doi.org/10.33751/palar.v12i3.229Abstract
In Indonesia, incest is considered an uncommon and socially unacceptable form of sexual conduct because sexual relations with close family members, particularly children, are contrary to the proper function of the family. This study examines the legal protection of children born from incestuous relationships, particularly their right to know their origins and parents as provided under Article 7 of Law No. 17 of 2016 on Child Protection. This study employs a normative juridical method using statutory and conceptual approaches. Primary and secondary legal materials are analyzed to assess the extent to which child protection regulations prevent discrimination and safeguard the identity of children born from incestuous relationships is preserved by registering their births in accordance with Minister of Home Affairs Regulation No. 108 of 2019. The findings indicate that although Indonesian legislation guarantees the rights to identity and non-discrimination, the concealment of a child's origins by family members and the absence of clear implementing regulations may result in the loss of administrative rights, proper care, and legal certainty. This study recommends establishing clearer legal mechanisms, administrative protection measures, and support services, including psychosocial assistance and legal aid, to uphold the best interests of the child and ensure their rights to identity and legal status.
Keywords: Identity Rights, Incest, Legal Protection.
References
A. Books
Amiruddin, and Zainal Asikin. 2004. Introduction to Legal Research Methods. 1 Ed. Jakarta: Raja Grafindo Persada.
Asri, Benjamin, and Thabrani Asri. 1988. The Basics of Western Heritage Law: A Theoretical and Practical Discussion. 1 ed. Bandung: Tarsito.
Hadjon, Philipus M. 1987. Legal Protection for the People in Indonesia. Surabaya: Bina Ilmu.
Muhaimin. Legal Research Methods. 1 Ed. Mataram: Mataram University Press, 2020.
Qamar, Nurul and Farah Syah Rezah. 2020. Legal Research Methods: Doctrinal and Non-Doctrinal. 1 ed. Makassar: CV Social Political Genius (Sign).
Soekanto, Soerjono and Sri Mamudji. 1995. Normative Law Research: A Brief Review. 4th ed. Jakarta: Raja Grafindo Persada.
B. Journal
Afifah, Rindi Putri, Nindya Prasetya Wardhani and Aura Shava Dhinda Salsabila. 2021. "Legal Protection of the Rights of Incested Children Based on Indonesian State Law." Lex Generalis Legal Journal Vol. 2, No. 6.
Abdullah, Saiful, et al. 2023. "Consensual incest in adulthood from the perspective of moral crimes." Media Iuris, Vol. 6, No. 1.
Dewi, Elinda Novita, Alya Nabila Adistia and Ali Maskur. 2023. "Optimizing Legal Protection for Children as Victims of Incest Crimes." Execution: Journal of Law and State Administration, Vol. 10, No. 3.
Ismalia, Rudy, Noenik Soekorini and Dudik Djaja Sidharta. 2025. "The Crime of Intentionally Murdering Incesting Babies Reviewed from the Criminal Code". Court Review: Journal of Legal Research, Vol. 5 No. 4.
Mabruroh, Masulatul. 2026. "Legal Protection of Children Resulting from Incest from the Perspective of National Law and Maqashid Sharia." Maliki Interdisciplinary Journal (MIJ) Vol 4.
Mardiyanto, Ibnu. 2024. "International Legal Protection of Out-of-Wedlock Children of Indonesian Migrant Workers (Critical Analysis of the Application of Non-Discrimination Principles)." Progressive: Legal Journal, No. 1.
Purba, Selmaria dan Budi Sastra Panjaitan. 2022. “Journal Equity Of Law And Analysis Of The Implementation Of Child Protection Law In Combating Violence During Dating In Medan City ( Lbh Medan Study ).” Journal Equality Of Law And Governance Vol 5, No. 1.
Ritonga, Indah Maya Sari, Budi Sastra Panjaitan. 2024. "Restorative Justice Criticism in the Case of Sexual Harassment in Islamic Boarding Schools: An Analysis of Law No. 12 of 2022." Journal of Islamic Laws and Criminal Law, Vol 9, No. 1.
Resia, Twina dan Budi Sastra Panjaitan. 2024. “Legal Protection For Persons With Disabilities As Victims Of Sexual Violence ( Study Of Medan District Court Decision No . 1245 / Pid . B / 2023 Pn Mdn ).” Legal Brief Vol 13, No. 3.
Waluyo, Bing. 2020. "The Validity of Marriage According to Law Number 1 of 1974 concerning Marriage." Journal of Pancasila Education Communication Media and Citizenship, Vol 2. No. 1.
C. Laws and Regulations
Republic of Indonesia. 1945. Constitution of the Republic of Indonesia in 1945.
———. 2016. Law of the Republic of Indonesia No. 17 of 2016 concerning the Stipulation of Government Regulations in Lieu of Law No. 1 of 2016 concerning the Second Amendment to Law No. 23 of 2002 concerning Child Protection into Law, Pub. L. No. 17.
———. 2013. Law of the Republic of Indonesia Number 24 of 2013 concerning Amendments to Law Number 23 of 2006 concerning Population Administration.
Republic of Indonesia, 2019. Ministry of Home Affairs. Regulation of the Minister of Home Affairs of the Republic of Indonesia Number 108 of 2019 concerning Implementation Regulations of Presidential Regulation Number 96 of 2018 concerning Requirements and Procedures for Population Registration and Civil Registration, Pub. L. No. 108.
United Nations. 1990. Convention On The Rights Of The Child.
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