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Take a look at this folks. We will discuss it when we meet on Thursday.
Part 1: Country GuidelinesThis document is an appendix to [NGO] Child Protection Policy and Code of Conduct. It is recognized that laws and practice concerning child abuse will vary between countries. VSO UK advises each programme office to have information about the cultural context, the legal framework and guidance on the procedures if staff or volunteers are being accused of behaviour that raises Child Protection issues.
Here are several facts about Child Protection issues in Indonesia
* Around 60 percent of children under five in Indonesia do not have birth certificates.
* More than 3 million children are involved in dangerous work.
* About one third of commercial sex workers aged less than 18 years old.
* Between 40,000 and 70,000 other children have become victims of sexual exploitation.
* About 100,000 women and children are trafficked every year.
* About 5,000 chidren are in custody and 84 percent of them are being held in jails for adults.
Other than the facts above, a lot of children in Indonesia face violence at home, in the street and bullying by adults or peers. However, a lot of this violence remains hidden. Often the violence against children is considered socially normal since it is seen as a way to discipline them. This situation is rooted in the culture. In most communities social and cultural norms do not provide children with protection or respect. Traditional communities do not acknowledge that such incidents are any cause for concern.
Other problem is abuse against children and women living in conflict areas or areas that were once hit by disasters.
* Disputes between the various ethnic groups in Indonesia often trigger political conflict as well as conflict between the communities, religious groups, etc. particularly in Kalimantan, Sulawesi Tengah, Aceh and Papua
* Disasters have struck Indonesia over and over again partly because of its location on the edge of a tectonic plate. Thus it is very susceptible to strong earthquakes
Cases of violence in Indonesia are not apparent since there are no official reports available. The inadequate law enforcement also contributes to the lack of investigations of such cases. Hence, the doers of the violence receive no punishment and walk free from the law.
In 2002, the Indonesian government passed passed Law No. 23 on Child Protection which established the Commission on Child Protection in Indonesia (Komisi Perlindungan Anak Indonesia/ KPAI). However, the legal umbrella seems to be not yet effective in freeing Indonesian’s children from these fundamental problems.
Part 2: Legal Framework for Child Protection1. Convention on the Rights of the Child
In 1990, with Presidential Decree No.36, Indonesia ratified the Convention on the Rights of the Child (CRC), effectively giving its requirements the force of domestic law.
2. Law Number 23 Year 1992 concerning Health
This establishes the right to health, government health services, family health, abortion, assisted reproduction, family planning, health services for children and the elderly, health in schools, and government financing of health services.
3. Law Number 3 Year 1997 concerning Child Court
This deals with criminal cases concerning children who are over 8 years old but less than 18 and not yet married. It deals with the care and protection of children who have broken the law.
4. Law Number 23 Year 2002 concerning Child Protection
This covers children's welfare, guaranteeing children's rights and their protection against violence and discrimination.
5. Law Number 20 Year 2003 concerning National Education System
This pertains to the National Education system which is divided into two major parts, formal and non-formal. Formal education is divided into three levels: primary, secondary and tertiary education. Every seven to fifteen year old citizen has the right to receive basic education.
6. Law Number 13 Year 2003 concerning Manpower
This lays out the protections and welfare safeguards of workers including children who work, particularity in the formal sector.
7. Law Number 23 Year 2004 on Elimination of Household Violence
This seeks to promote human rights, to achieve gender equality, to eliminate discrimination and to protect victims of violence, to punish perpetrators and to maintain the harmony of the household. This provides, specifically, for the protection of children in the family.
8. Law Number 12 Year 2006 concerning Republic of Indonesian Citizenship
This revised the citizenship law including Child Citizenship Acts e.g. legal status of (internationally) mixed marriage children, children who were born in Indonesia but to unknown parents etc.
9. Law Number 23 Year 2006 concerning Administration of Population Affairs
This relates to the determination, acknowledgment, protection and legal status of all population affairs including births and birth certificates.
10. Law Number 21 Year 2007 concerning Eradication of Human Trafficking Criminal Offence.
This legislates about the prevention of illegal commerce and trade in people, protection for the victims, raising awareness and cooperation and law enforcement for the criminals. Adopted children and children of trafficking victims can be protected under this law.
Part 3: Indonesia’s Attitude to Child Protection IssuesPrevailing cultural norms in Indonesian communities include the belief that parents will never ‘eat’ their own children, thus it is assumed that there are no parents who have bad intentions toward their own children, hence parents are not wrong. Parents beating their own children is seen as righteous and culturally acceptable. The same goes for religious leaders.
Government officers often consider that children in certain situations (living on the streets, involved in commercial sex, victims of drugs, etc.) represent social diseases or threats to the communities, instead of seeing them as people who need help. For example a child is punished for not being able to pay school fees or when a girl is pregnant. Government officers often consider that all actions by children that are against the law are simply crimes.
Due to the strong influence of culture and religions, children in Indonesia tend not to be empowered with the knowledge and capabilities necessary to protect themselves such as having the courage to report anything to parents or teachers. For example, children feel afraid to report to their teacher if they are subjected to violence at home by their parents or relatives.
Currently there are serious efforts being made to push the Indonesian Government towards child protection policies that are more systematic and comprehensive. Various studies and information campaigns have been conducted by universities, NGOs, and Government particularly on international support such as from UN agencies, International NGOs and bilateral cooperation.
Although these efforts are recognized, the system and mechanism of child protection are not yet agreed and regulated. Hence, communities are still confused when they are faced with cases presumed to involve violence, exploitation and neglect of children. They are uncertain about how to react to it. This confusion is a real problem which has to be faced when cases of violence against children are found in a community and this causes the handling of cases, in a way that is in the children’s best interests, to always occur too late. The efforts to promote child protection seem to be not showing meaningful progress. There is much discussion but the number of cases handled does not show significant results in comparison to the number of cases identified.
In accordance with Indonesian law, namely Law No. 23 Year 2002 Chapter XII (Criminal Sentences), the sanctions against the perpetrators of crimes against children will apply to both Indonesians and foreigners.
Examples of child protection cases involving foreigners in Indonesia are as follows: * William Stuart Brown was sentenced to 13 years in prison di Karangasem, Bali in May 2004, for offences under Chapter 82 of Law No 23 Year 2002 concerning Child Protection.
* Another case was Donald Storen who was sentenced to 4 years in prison in Mataram, Lombok.
* Peter Smith was sentenced to 20 years in prison for torturing 6 children in South Jakarta.
Examples of child protection cases involving Indonesians are as follows:Instances of under age marriage for girls are common in Africa and Asia, and Indonesia is no exception. A recent case was Pujiono Cahyo Widiyanto or the Syekh Puji case, who was arrested for marrying a 12 year old girl called Ulfa. He is currently in custody in Ambarawa Prison, Central Java. Syekh Puji was charged with offences under the Child Protection Law. This case has drawn a lot of attention from all across Indonesia. The Child Protection Commission played a role in recommending the investigation into the Syekh Puji case.
Another child protection case involved trafficking. Tony (52), accused of human trafficking of children in February 2007, was sentenced 3 years and 7 months in prison by the High Court in Medan, North Sumatra. Tony's offences were in contravention of Chapter 83 Law No 23 Year 2002 on Child Protection.
However there are still many examples of child protection cases which are not yet touched by law such as a child labour case di Jermal, North Sumatra. Many businessmen in Jermal face no legal sanctions for using child labour. These children have to work under bad conditions and receive very little payment.
Currently there are serious efforts being made to pressure the Indonesian Governement to make child protection policies more systematic and comprehensive. In order to make the system, which is in the process of being improved, more beneficial we of course have to think about the access issue (both physical and budget coverage), sensitivity toward problems and local capacities, as well as integration with the existing social-health-education system. Advocacy and socialization of the system must be conducted as best as possible so that it can gain communities' support and make sure the system is used optimally. Indonesia is a big country with a large population. Children, who number more than 70 million people, are entitled to protection. Thus, child protection is a giant challenge which cannot be solved in a short time period.
![Frans Olla tends his organic garden after Oxfam training and support. [Photo: Sarah Pryke]](https://lh3.googleusercontent.com/blogger_img_proxy/AEn0k_vBwvMx1zd8cwtC-5Pla77GICdgvM-8ge6hHoHkxcE1pqbQ-hHLmHfru2Hn5l0PXxyhK-stfYfCAkxei8vP0K-f5VaPXDcsMkLJfqHJXzmSfhNfPz5b2auM3KQVxrjZhEtXmI_lnr8R-Mpl=s0-d)
The floods took all my belongings, I had nothing left apart from what I was wearing. The hygiene kits [Oxfam gave us] are important because they could help prevent potential health hazards.
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