Improving the Protection of Children’s Constitutional Rights Through Constitutional Court Decision

A child as a legal subject occupies a particular position in the constitution because his constitutional rights are regulated explicitly in the provisions of Article 28B paragraph (2) of the 1945 Constitution. Thus, the state should guarantee the constitutional rights of children in various aspects of life. Problems with violations of children's rights occurred by the inadequacy of laws and regulations to protect and guarantee children's rights. The several studies before have not been yet researched and compile comprehensively on how the Indonesian Constitutional Court decisions affected the protection of children rights. This study aims to know how the regulation of children's rights in the framework of international human rights law and national law and how the Constitutional Court decisions uphold the violations of children's constitutional rights. This research is normative legal research that uses library data materials such as the 1945 Constitution, laws related to children's rights and decisions of the Constitutional Court, and international legal regulations on children's rights such as the CRC. This research combines statutory and analytical approaches to find answers in the formulation of the problem. Several rules were found that were not in line with the Declaration of Human Rights, the Declaration of Children's Rights, and the 1945 Constitution, such as the Marriage Law and the Juvenile Court Law.