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Aghnia Punjabi Child Abuse Case: The Child's Right to Protection

By Achmad Arney Iskandar, S.H.

03 Apr 2024 19:20 WIB 03 April 2024 19:20 WIB 5 minutes reading time: 5 minutes 61 read

The case of child abuse of Aghnia Punjabi by her nanny has captured public attention. This article discusses the child's right to protection, the definition of child abuse, and the punishment for the perpetrators.

Aghnia Punjabi Child Abuse Case: The Child's Right to Protection

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Table of Contents

The Right of Children to be Protected
Aghnia Punjabi and Her Child
Child Abuse, what is the law?
Conclusion

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Section 2/3: Aghnia Punjabi and Her Child

Aghnia Punjabi and Her Child

Aghnia Punjabi is a selebgram whose name has recently been widely mentioned on various social media after she recounted an unpleasant incident involving her eldest child, Jana Amira Priyanka. In her upload, Aghnia suspected that her child had been abused by the nanny she hired from a nanny provider institution in Surabaya, the name of which was not mentioned.

Videos of Jana's abuse have also circulated on various social media platforms, showing scenes of Jana being abused by the Nanny. In the video, it can be seen that the Nanny abused Jana by repeatedly hitting Jana on the head and body, as well as various other acts of violence.

As of this writing (4/1/2024), Aghnia has reported the child abuse to the Malang Police and is still being followed up by the Malang Police.

Aghnia Punjabi Child Abuse Case Child's Right to Protection 1 — Illustration Image by Editors / Source: DALLE

Child Abuse, what is the law?

Actually, the terminology used in the law is not abuse, but violence. Judging from its definition in the KBBI, abuse is arbitrary treatment (torture, oppression, etc.)

The definition of violence itself according to the KBBI is an act by a person or group of people that causes injury or death to other people or causes physical damage or damage to other people's property. So it can be concluded that the event that happened to Jana was a form of abuse that used violence.

Regarding the mention of the words causing injury in the definition of violence above, photos of Jana have also been circulating on social media showing physical injuries, namely bruises on the left eye and scratches on the ears. However, these photos cannot simply be valid evidence in court, so they must be accompanied by the results of a visum on the victim.

In Article 76C of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, it is written that everyone is prohibited from placing, allowing, committing, ordering to commit, or participating in violence against children.

This means that if the perpetrator of violence legally fulfills the elements in the article, and is legally proven to have committed a violation of the applicable law. Then the perpetrator will be subject to a maximum imprisonment of 3 years and 6 months and/or a maximum fine of Rp. 72,000,000.00