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.v12i3.229Abstrak
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.
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