Moral Dilemma of Legal Protection for Children Victims of Parental Neglect from The Perspective of Substantive Justice

Abstract

Child neglect by biological parents is one form of violation of children's rights that still frequently occurs in society and raises both legal problems and moral dilemmas, particularly when children must seek legal protection against their own parents. This study aims to analyze the legal regulation of child neglect by biological parents under Indonesian positive law and to examine the moral dilemma in legal protection for neglected children from the perspective of substantive justice. This research applies legal protection theory, children's rights theory, and parental responsibility theory as the theoretical framework. The method used is normative legal research with statutory and case approaches. The results show that the legal regulation concerning child neglect has been clearly stipulated in the Child Protection Law and the Law on the Elimination of Domestic Violence; however, in practice, legal protection for neglected children has not been fully effective due to cultural and psychological barriers that discourage children from taking legal action against their parents. This study concludes that legal protection for neglected children should be directed toward a substantive justice approach that places the best interests of the child as the primary consideration. Therefore, it is recommended that the government and law enforcement agencies strengthen child protection mechanisms that are more responsive and child-friendly.