Overcoming Corporal Punishment of Children: an Evaluation Toward Indonesian Penal Policy Nowdays

¹ Ph.D Student at Faculty of law, University of Sebelas Maret and Lecture at University of Trunojoyo Madura, Madura, Indonesia
² Faculty of Law, University of Sebelas Maret, Surakarta, Indonesia

^* Corresponding author: wiendari@gmail.com / rusmila_09@yahoo.com

Abstract

Currently, corporal punishment is no longer accepted as an effective measure in disciplining children. Under Article 19, 28, and 37 of the CRC, it has been regarded as breach of child’s right. Since 2006, the United Nations has evoked all countries to conduct legal reform pertaining prohibition of this act in all settings. Until today, Indonesia has been reviewed as a country where corporal punishment of children remains lawful. Nonetheless, Indonesian Government has rejected the review and insisted that the current penal policy is sufficient to protect children from that deed. In fact, the implementation of current penal policy toward corporal punishment unfortunately came up with problems of law enforcement. For instances,law enforcement against Aop Saopuddin and Dharmawati’s cases that apparently has surpassed the limits of criminal law itself, and brought about injustice for teachers.This paper provides a qualitative analysis of Indonesian penal policy relating to physical violence against children. It discusses a single issue, namely: has penal policy of Indonesia nowdays been appropriate to overcome corporal punishment of children?. This paper urges legislators to re-evaluate as well as to improve the quality of penal policy in respect to overcome corporal punishment of children fairly.