ARCHIVES
VOL. 11, ISSUE 10 (2025)
Criminal liability of perpetrators of Child Abuse in Daycare Centers
Authors
Syifa Hanas Azis, Juanrico Alfaromona Sumarezs Titahelu, Julianus Edwin Latupeirissa
Abstract
A critical issue that arises is the criminal liability of daycare
operators when negligence or criminal acts occur against children under their
supervision. The extent to which criminal responsibility can be attributed to
perpetrators of abuse in daycare settings is an important topic to investigate.
One high-profile case is the incident of toddler abuse at Wensen School Daycare
in Depok in 2024. This study aims to
analyze the elements of the criminal act of child abuse in a legal context and
to evaluate the effectiveness of criminal sanctions as a deterrent measure to
prevent similar violence in the future. The research employs a normative
juridical method with legislative, conceptual, and case approaches. The legal
materials used include primary, secondary, and tertiary sources collected
through literature review and qualitatively analyzed. The findings indicate
that the perpetrator’s actions fulfill all elements of child abuse as
stipulated in Law Number 35 of 2014 on Child Protection, supported by CCTV evidence,
perpetrator’s confession, and victim’s medical examination. The imposed
criminal sanction of one-year imprisonment and mandatory restitution is
considered insufficient to provide an effective deterrent. Firm and
proportional law enforcement is urgently needed to protect children’s rights
and prevent recurrence of abuse. The study underscores the importance of
strengthening regulations, enhancing supervision, and standardizing services at
childcare facilities as effective measures for child protection.
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Pages:113-117
How to cite this article:
Syifa Hanas Azis, Juanrico Alfaromona Sumarezs Titahelu, Julianus Edwin Latupeirissa "Criminal liability of perpetrators of Child Abuse in Daycare Centers". International Journal of Law, Vol 11, Issue 10, 2025, Pages 113-117
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