Legal Protection for Child Victims of Bullying Based on The Values of Justice

Abstract

This study aims to analyze and reformulate effective forms of legal protection for child victims of bullying in Indonesia, with a primary focus on the integration and implementation of justice values, particularly restorative justice and substantive justice, within the legal framework. This study uses a normative legal research method (juridical-normative) by adopting a statutory approach and a conceptual approach. The legal materials used include the Child Protection Law (UUPA), the Juvenile Criminal Justice System Law (UU SPPA), and various legal literature and theories related to victim protection and restorative justice. Data were analyzed qualitatively and descriptively to identify the gap between das sollen (what should be) and das sein (what is). The results of the study indicate that the current legal protection framework is still dominated by a retributive approach (revenge/punishment) and has not fully prioritized holistic recovery (physical, psychological, and social) for child victims. This gap results in the child victims' rights to restitution, rehabilitation, and a sense of security not being fully fulfilled, indicating that substantive justice has not been achieved. Therefore, a paradigm shift in law enforcement is needed through strengthening restorative justice mechanisms that ensure perpetrator accountability that is balanced with the victims' recovery needs. The conclusion of this study confirms that legal protection for child victims of bullying must be strengthened through adjustments to regulations and law enforcement practices. The implementation of justice values, particularly through a victim-oriented restorative approach, is an absolute prerequisite for ensuring the comprehensive protection of child victims' basic rights.