Normative Gap Dalam Perlindungan Hak Hidup Anak: Analisis Terhadap Tanggung Jawab Negara Dan Urgensi Regulasi Pencegahan Bunuh Diri Pada Anak Di Indonesia

Abstract

The right to life of children is a constitutional and human right that must be protected by the state. However, the increasing number of suicide cases among children and adolescents in Indonesia indicates that the protection of children's right to life has not been optimally implemented. This study aims to analyze the regulation of children's right to life, the state's responsibility in preventing child suicide, and analyze laws and regulations related to the protection of children's right to life and suicide prevention in Indonesia. This study uses a normative legal research method with a legislative and conceptual approach. The primary legal materials consist of the 1945 Constitution of the Republic of Indonesia, Law Number 35 of 2014 concerning Child Protection, Law Number 1 of 2023 concerning the Criminal Code, and Law Number 17 of 2023 concerning Health, supported by secondary legal materials in the form of books, scientific journals, and international documents. The results of the study indicate that the regulation of children's right to life in the Indonesian legal system remains general and does not specifically regulate child suicide prevention as part of special child protection. This situation creates a normative gap between the recognition of children's right to life and the available legal protection mechanisms. The state's responsibility for preventing child suicide has been normatively realized through preventive, repressive, and rehabilitative approaches. However, its implementation remains ineffective due to weak child mental health services, low mental health literacy, a minimal early detection system, and suboptimal regulations on cyberbullying and psychological violence. This research confirms that child suicide cannot be viewed solely as an individual issue, but rather as a human rights issue and a constitutional responsibility of the state. Therefore, reformulation of child protection legal policies is needed through the establishment of specific regulations for child suicide prevention, strengthening mental health services, and integrating a child protection system based on human rights and the best interests of the child.