Perlindungan Hukum bagi Anak Berkebutuhan Khusus Korban Bullying (Studi Kasus)

Abstract

This study aims to analyze the implementation of legal protection for children with special needs (ABK) who are victims of bullying at SD Negeri 1 Gandasoli, Kuningan Regency, as well as the role of the environment and the factors influencing the enforcement of such protection. The research employs an empirical juridical method with a qualitative approach, utilizing statutory, case-based, and conceptual analyses. Data analysis is grounded in the Theory of Justice (as a grand theory), the Theory of Legal Certainty (as a middle-range theory), and the Theory of Progressive Law (as an applied theory). The findings indicate that the implementation of juvenile criminal law in Kuningan Regency has sought to prioritize a restorative justice approach—through diversion mechanisms—in the best interests of the child. However, the effectiveness of legal enforcement in practice faces concrete challenges related to legal structure and culture; these include a low level of public legal awareness (often leading to a preference for resolving cases informally or "within the family"), limited understanding among educators, and a lack of professional support facilities for children with special needs. The study concludes that there is a need to strengthen cross-sectoral coordination among the police, schools, and the community to establish a more inclusive system for the prevention of bullying and the provision of legal protection.

Keywords: Bullying, Children with Special Needs, Kuningan Regency, Law Enforcement, Restorative Justice.