Reconstructing the Criminal Liability of Adoptive Parents in Child Neglect: A Comparative Study of Indonesia, the United Kingdom, and Australia

Abstract

Child neglect represents one of the most complex forms of child maltreatment within contemporary criminal law, particularly when it arises from omissions rather than direct acts of harm. This complexity is further intensified in cases involving adoptive parents, where legal parenthood is formally recognized but the scope of criminal liability remains doctrinally underdeveloped across jurisdictions. This study aims to reconstruct the criminal liability of adoptive parents in child neglect cases through a comparative analysis of Indonesia, the United Kingdom, and Australia. Employing a normative juridical method combined with a comparative legal approach, this research examines statutory frameworks, judicial practices, and legal doctrines concerning parental responsibility, omission-based liability, and child protection. The findings reveal that Indonesia adopts a relatively formalistic approach that lacks doctrinal clarity regarding omission liability, while the United Kingdom and Australia provide more structured frameworks grounded in duty of care and the best interests of the child. However, even in these jurisdictions, challenges persist in aligning formal parental status with substantive accountability. This study proposes a reconstructed model of criminal liability based on three key elements: (1) explicit recognition of adoptive parents' duty of care, (2) doctrinal integration of omission-based liability, and (3) alignment with child protection principles rooted in the best interests of the child. This reconstruction offers a more coherent and child-centered framework for addressing neglect within modern legal systems. The study contributes to the development of criminal and child protection law by bridging the gap between formal legal status and substantive responsibility, while providing policy-relevant insights for strengthening legal frameworks and judicial reasoning.