Harmonizing Child Protection Regulations with CRC in Addressing Child Abduction and Trafficking Cases Effectively
DOI:
https://doi.org/10.36448/prolev.v8i2.363Keywords:
Legal Harmonization, Child Protection, Human Trafficking, Convention on the Rights of the Child (CRC), National LawAbstract
Child protection from abduction and trafficking is an urgent issue that requires harmonization between Indonesia’s national legal framework and the United Nations Convention on the Rights of the Child (CRC). This study aims to analyze the conformity of Law Number 35 of 2014 on Child Protection and Law Number 21 of 2007 on the Eradication of the Crime of Trafficking in Persons with the principles of the CRC, as well as to examine the urgency of harmonizing these laws to strengthen legal protection for child victims of trafficking in persons. This study employs a normative legal research method using statutory and conceptual approaches. The findings indicate that, substantively, both laws have adopted the principles of the CRC; however, significant structural and implementation-related inconsistencies remain. These legal inconsistencies include overlapping institutional authorities, the absence of effective mechanisms for early identification of victims, inadequate digital-based protection, and limited understanding among law enforcement officials of the principle of the best interests of the child. Comprehensive legal harmonization is therefore necessary not only at the normative level but also across institutional, procedural, and legal-cultural dimensions to ensure effective, restorative, and dignified protection of children in accordance with the constitutional mandate and Indonesia’s international commitments.
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