A Juridical-Normative Study of the Position of Children as Witnesses in Proving Domestic Violence Cases

Abstract

Domestic Violence (KDRT) is a complex phenomenon often occurring within the private sphere, making family members, including children, key witnesses. A child's testimony is of high urgency in uncovering the material truth, yet their standing in criminal procedural law remains debatable. This research aims to conduct a normative-juridical analysis of the legal position of children as witnesses and the evidentiary strength of their testimony in domestic violence cases. The research method employed is normative-juridical, utilizing a statute approach and a conceptual approach. Data were analyzed qualitatively by examining primary legislation such as Law No. 23 of 2004 concerning the Elimination of Domestic Violence, Law No. 35 of 2014 concerning Child Protection, and the Criminal Procedure Code (KUHAP). The findings indicate that Indonesian positive law, in principle, recognizes children as valid witnesses. However, implementation challenges exist regarding the assessment of their evidentiary strength. A child's testimony often requires special treatment, such as psychological assistance, to meet the formal and material requirements to be considered valid evidence in court. This research concludes that there is an urgent need for regulatory harmonization and technical guidelines for law enforcement officials to ensure the protection of the child's rights as a witness, while simultaneously ensuring their testimony can be effectively used to achieve justice for victims of domestic violence.