CHILD PROTECTION OF CHILDREN
BY : H. Santhos WACHJOE P , SH.MH
I. INTRODUCTION
Children as a gift from God , one God , with no par for each parent , therefore the responsibility of each parent to provide the best protection and education for each son / daughter for the purpose of children become the next generation of quality for the future of the Nation and the State . Moreover, also the duty of the State to provide a quality educational facilities and maximum protection for the flower grows every child in the State.In commemoration of National Awakening Day date May 20, 2014 , we need to revive the awareness that other State has a responsibility to enlighten all citizens, but also has an obligation to ensure the safety and well-being of its citizens, including in it are the children of a minor .Yusuf Qaradawi in one of his books once said that "the Son is the heart of the old coolant in when there is a renewal of life and after death. " Therefore, the role of children in the child's development is very influential on the future of the child. The Prophet which means : " Enough sin if someone menelantarkan those who become dependent on her maintenance . "Still, can not be denied that due to environmental influences as well as influences from older people who require a child to follow a living in day-to- day life , then a child , both because of his actions as well as beans with pungent odor of another is an adult , able to deal with law , especially criminal law .
II . DEFINITION OF CHILDREN
Until now, no suitability of opinion amongst the members of the law as stated in the product range of legislation in Indonesia about the meaning of the Child . There is a wide understanding of the child is firmly based on the various interests melatarbelakangi formation of a legislation .Based on the Big Indonesian Dictionary ( KBBI ) , a child is a second generation , while in the preamble of Law Number 23 Year 2002 concerning the protection of children , it is said that a child is a trust and the gift of God Almighty, that in itself attached to the dignity of a real person .Meaning in the context of a human child can be likened to the human lineage. If in the broader context of child mortality that is given by God to man through their marriage in order to continue further life .Child ( plural : children) is a man or woman who is a minor or no experience puberty . Son is also a second line , where the word " child " refers to the opponents of the elderly , adults are children from their parents , even though they were adults . According to psychologists, this development of a child is a period that spans from infancy to age five or six years , this period is usually called the preschool period , then grow commensurate with years of elementary school . However , this term often refers to a person's mental development , although the biological and chronological age of a person includes adult but when mental development or whether the sequence of age then one can only be associated with the term "child" .In article 1, point 1 of Law Number 3 of 1997 states that , " Children are people in the brat has attained the age of 8 (eight ) years but has not attained the age of 18 ( eighteen ) and have never been married . "Another opinion says as follows , in the sense of child psychology , Augustine says that the child is not the same with adults , children have a tendency to deviate from the law and order due to the limited knowledge and understanding of the reality of life , the children more easily learn by example - examples drawn from arrangements coercive . From the opinion that the child would primarily be a social organism , which requires care, love and a place for development, children also have feelings , thoughts, will own all of it is the totality of psychic and structural properties as well as different in every phase in the development of the child ( ren) . In a phase of development is the basis for the next phase .State as the guarantor of the protection and well-being of children , it should be observed in detail to the needs of every child in the State. Not only is the material needs must be met and tercukupi , but also non- physical needs must also be observed and fulfilled by the State.
III . PHENOMENON AS A SACRIFICE OR CHILD ACTORS criminal acts
The need for a sense of security in the neighborhood of a child residing and attending school, should also receive serious attention, not only from the country but the tepenting is from each parent and staff community.Various publications both in print , social media , internet media or other information media , was much take away the fact that there was an action that actually does not reflect the protection of the child's life . Physical violence , sexual violence , exploitation of child workers who are making money , the forms of action that deviated from what it should be given to children. But it is unfortunate that masayarakat or country like close your eyes and ears on the happenings .In the 1990s , Indonesia shocked by sexual behavior deviates from a man claiming named ROBOT GEDEG , admitted during the trial that the victim was sodomized and killed eight street children reach the age between 11-15 years old and had done for two years in Jakarta and two in Central Java ( KROYA and Pekalongan ) . Robot Case Gedek our consciousness is like jerking , that the threat of crime against our children is very close to our own existence .Not too long ago , it was revealed more cases of pedophilia ( sexual assault on children ) that occurred at the Jakarta International School ( JIS ) in South Jakarta. In fact, this case involves more than 1 (one) performer , both as a main performer or performers who helped make ( performer participate ) and terdapaat more than one (1 ) victim , that the children who were aged between five (5 ) to with 7 ( seven ) years. As reported by the news online that said policy has set three school janitor becomes suspect cases of sexual harassment of students Kindergarten Jakarta International School ( JIS ) . Two suspects namely General and Frizkiawan and a woman Afriska . Not to mention the case of a lost Renggo persecuted by sister after class, which ironically , the incident took place at the fat -bodied kelas.Renggo space accidentally nudging SY who was student of class IV . Due nudge , the food brought SY SY unexpected fall and not get dropped by the victim as a result of food . Then there was the result of beatings Renggo sick and died .In fact, the National Commission for Anti - Violence against Women and the Government of DKI Jakarta has launched a website complaints of sexual violence against women . Komnas Head Girl , Yuniyanti Chuzaifah say , the site is to facilitate the reporting of sexual abuse victims . He said that Jakarta is one of the most prone sexual violence . Opinion is making us re-think the pattern of character education and teaching children, so could be a good private berperikelakuan in society.Nevertheless the school institution long considered as the second safest place after the house , to the flower grows alone children, turned out to be a place that should get the attention of parents and the public in the school environment , so the role of the community would be helpful. Indeed , all the incidents of violence both physical and sexual abuse of a child, which occurred over the years, but the tip of the iceberg , which is very difficult to estimate the real number of cases of violence against children. Child's education , the child should be positioned as subjects and not as an object of the educational process itself. Confused understanding of the parents or educators ( teachers ) cause plants to grow a child becomes distracted, and it would be difficult to form a child who has a good personality character .Order to be a child with a rugged, tend to make the child will be a son of grainy berkepribadian , and also the nature of the punishment hurt his physical body , tend to be more rebellious child , compared to a compliant child .The question is , how the role of the State in the interest of the child , especially in arranging care for the growing process kembangnya ? The highest state institution should be able to guarantee peace, security and well-being of children , because children are a reflection of the future of a country .
IV . Legislation ABOUT CHILDREN
Indonesia, which manifests itself as a country based on law , actually have some statutory provisions that govern the existence of a child. But that must be considered is the implementation of a variety of legislation is .A. Book of Law Civil LawThis legislation has been there since Indonesia still in Dutch colonial times and is a product of government legislation purporting BURGERLIJK WETBOEK Dutch Colonial , which was later taken over by the Government of Indonesia as the Book of the Law Civil Law .Book of the Law , Civil Law , the uumnya regulate the relations keperdataan per person in the jurisdiction of Indonesia but also there are some provisions that regulate the child . In Article 2 paragraph ( 1 ) Book of the Law Civil Law is mentioned , the Son is in the contents of a woman , thought to have been born , even when the child's interests require it.Associated with adulthood , then was also mentioned in the Book of Law Civil Law, namely in Article 330 paragraph ( 1 ) of mentions, yet adults are those who have completed daupuluh one year and not more than once been married .Then , mengani obligation parents for their children is as stipulated in Article 298 paragraph ( 2) of Civil Code also mentions Kuh , The father and the mother , both are required to preserve and educate all their children who are not yet adults . Provisions of article 298 paragraph (2 ) Civil Kuh is also reinforced by the provisions of article 299 which says, The marriage father and mother , every child , until it becomes an adult remain in dawah their power, they simply were not released or removed from the authority of the .B. Act No. 4 of 1979 on Child WelfareLaw was formed in response to community concerns over the lack of maintenance , observing the well-being of children by the state. All this considered a default on the country increasingly mushrooming waif , good or neglected by their parents because the child is forced to be bedridden.Consider the description in this Law c, mentioned, That in the community there are children who experience barriers being spiritual, physical , social and economic , so therefore , the Government , at the time of compilation of Act No. 4 of 1979 , realizing that there are still children who are experiencing barriers of social welfare , the Government therefore took the initiative to form a law that guarantees the well-being of children.Article 1, item 1 a in this Act mentioned , Child Welfare is a child 's life and livelihood that will ensure the proper growth and development , both spiritual, physical and social , and article 1, figure 1 b mentioned that Child Welfare is a joint effort social welfare intended to guarantee the realization of child Welfare fulfillment of basic needs , especially children.On the right of the child , Article 2 of Act No. 4 of 1979 , mentions among other things :( 1 ) Children eligible for welfare , treatment , care and guidance based on good love in keluargaanya or in special care , to grow and develop properly ;( 2) The child is entitled to services to develop the skills and social life , according to the country a good and useful ;( 3 ) Preservation Children deserve better protection during pregnancy or after finishing born ;( 4) The child is entitled to the protection of the environment that could endanger or hinder the proper growth and development ;From the portrayal of article 2 of Law Number 4 of 1979 is , it appears that the government has realized the existence and rights of a child and strive to meet all the needs of life to be able to grow and develop properly .C. Law Number 12 Year 1995 concerning CorrectionalNot denied that there are children who are dealing with the law and eventually became a defendant in the conference and after the verdict of the District Court be Terpidana Anak.Dengan be Terpidana , then the child should get special treatment , therefore we need an umbrella law to provide services for children who have been terpidana .The government has issued Law Number 12 Year 1995 concerning Correctional , in which also accommodate all generation and supply of child Yaang be Terpidana .In article 1, letter g quotes Correctional Teach Children are :a. Criminal child that is based on the child undergo a criminal injunction in Lapas oldest son starting preparation till the age of 18 ( eighteen ) years of age;b . National child that is his decision based on the judgment was to be educated and housed in the old Lapas Child 18 ( eighteen ) years of age;c . Children Civil namely that at the request of the child's parent or guardian to obtain a court determination to be educated in Lapas oldest son reaches the age of 18 ( eighteen ) years.D. Act No. 3 of 1997 on judicial SonFor children who are dealing with the law, has provided legal umbrella along the way , namely Act No. 3 of 1997 on child justice . In the case consider the letters b , mentioned, That for melaksanaakan construction and provides protection against children, needed support , both of which involve institutional or legal device more robust and adequate , therefore the provision of maintenance for the child to do justice in particular.In the process of law enforcement toward children who are dealing with the law, more emphasis on the well being and safety of the child. It is including:• Article 6 : Justice , General Student , Investigator and Legal Consultants and other staff in the Council of the son is wearing a toga or a dress agency ;• Article 8 paragraph ( 1 ) : Judges check criminal matters in closed session ;• Article 8 paragraph ( 3 ) : In a blind conference can only be attended by the child in question, along with parents, guardians or foster parents , Legal Advisor and Mentor Project.E. Act No. 1 of 2000 concerning verification ILO Convention No. 182 on the Prohibition and Immediate Action -Shape Shape / Worst Jobs For KidsOur government is not only the attention of child welfare , but also the well being perhatiaan ILO (International Labour Organization / International Labour Organisation ) , which is also one of the International Agency under the auspices of the United Nations ( UN ) . It is seen from the releasing of ILO Convention No. 182.When observed , the ILO Convention No. 182 is intended to prevent slavery occur in children, as stipulated in the Convention on the Principles of figure 3 that says, Penegertian worst forms of work for children is :(a ) All forms of slavery or practices a kind of slavery , such as sales and trading subsidiary , ijon work (debt bandage ) and slavery and forced or compulsory labor , including forced child conscription or compulsory for the benefit of forced or compulsory to be used in armed conflict ;( b ) Utilization, preparation or offering for prostitution , for the production of pornography or pornography products aatau to porn shows ;( c ) Utilization, preparation or offering of a child for illicit activities , in particular for the production and trading of illicit drugs as set out in relevant international agreements ;( d ) Employment of the nature or conditions of employment that can be harmful to health , safety or morals of children ;F. Law Number 23 Year 2002 concerning the protection of childrenConsider the description of hhuruf c , mentioned, That kid is a budding , young potential and ambition rectifier perjuanagan race, a strategic role and has specific features and characteristics that guarantee the survival of the nation 's existence in the future. This is reinforced in the description consider the letter e , which says, That to create the necessary child protection and welfare and institutional support of legislation that will ensure its implementation.From things as mentioned above, then it was clear that our government is very attention about the assurance of child welfare in every level of life. The presence of children with all of his rights has been acknowledged as referred to in article 1 of the letter L are mentioned , part of the child's rights are human rights that must be guaranteed , protected and fulfilled by parents , families, communities , governments and countries .On the right of every child were arranged in the Law Number 23 Year 2002 concerning the protection of children , that is from about 4 up to about 18 , even so , it should also be remembered that every child also has an obligation as stated in article 19 , which says, every child berkeajiban to : Respect for parents, caregivers and teachers ; Love of family , community and loving companion ; love for the motherland, the people and the country; Perform worship according to the teachings of his religion and ; Implementing ethical and moral character .Indeed to the duties and obligations of State, government , communities, families and the elderly are as mentioned in article 20, which states , country , government, communities, families and the elderly obligation and is responsible for the protection of children . The emphasis is more specific to older people that is as stipulated in Article 26 , namely:( 1 ) The old man obliged and responsible for : nurture, protect , educate and protect children ; To improve children according to ability , talent and passion and ; prevent marriage at the age of the children;( 2 ) In the case of elderly people do not have or do not know it exists or because of a reason , unable to perform the duties and responsibilities as defined in paragraph ( 1 ) may turn to family , which is implemented in accordance with the provisions of laws and regulations that apply .Further, this law also organize on children who are dealing with the law that is in the article 64 which states:( 1 ) special protection for children who are dealing with the law as referred to in Article 59 covers children in conflict with the law and child victims of criminal acts , the obligations and responsibilities of government and society ;( 2 ) specific protection baagi children who are dealing with the law referred to in paragraph ( 1 ) shall be implemented through :a. The treatment of the child in accordance with the dignity and human rights of the child ;b . Preparation task -specific companion since his childhood ;c . Provision of specific facilities and infrastructure ;d . The imposition of sanctions is right for the best interests of the child ;e . Continuously monitoring and recording the progress of children dealing with the law ;f . Giving assurance to maintain contact with parents or family da ;g . Protection of identity reporting by the mass media and to avoid laabelisasi '( 3 ) specific protection baagi child victims of the criminal offense referred to in paragraph ( 1 ) shall be implemented through :a. Rehabilitation efforts , both within organizations and outside agencies ;b . Protecting the identity of the reporting in the mass media and to avoid labelisasi ;c . Provision of security for victims and witnesses of witnesses both physical , mental and social well ;d . Grant the accessibility to get information mengenaai its development .With regard to criminal sanctions , the Act No. 23 of 2002 had been organized on every person or a legal entity that violates the provisions of this Law . It is as stipulated in article 81 up to about 90 .The most important law is that by the Act No. 23 of 2002 , it was officially formed Indonesian Commission for Child Protection , as mentioned in article 92 that says, At the time of the occurrence of this law , the old one ( ( one ) year , the Indonesian Commission for Child Protection was formed.G. Act No. 11 of 2012 on Child criminal justice systemTo renew the law governing the judiciary Son, then the Government issued Law Number 11 of 2012 on Child criminal justice system will take effect in August since 2014.Laws govern in a more complete and profound concern for the protection of children who are dealing with the legal and child victims of criminal acts . Still, olehh because this new law take effect in August 2014, then to the present law is not applied to every child who is faced with the legal and child victims of criminal acts .
V. CONCLUSION
With lots and the diverse laws and regulations that are governing the protection and welfare provision granting bail to a child, the responsibility of proving that grows child is not only the responsibility of the Country and the Government alone , but also the responsibility of parents , family and communities around the neighborhood children are located.
VI . FINAL CONCLUSION
Similarly , a brief description of the Child and Child Protection , dam when there are things that are not clear, ask the Secretary of State of Tegal .
Tegal , May 20, 2014
H. Santhos WACHJOE P , SH . MH
