scholarly journals Antara child protection dan child liberation (Dilema Kebijakan Perlindungan Hak-hak Anak di Indonesia)

2006 ◽  
Vol 4 (2) ◽  
pp. 253
Author(s):  
Muhrisun Afandi

Determining children's rights and self detemtination has been problematic in the discussion of child welfare in Indonesia. Indonesian law regards children's rights as defined solely by the basis of age, regardless of a child's competence. This could be seen from the government policies that mention that children's rights are formulated as protection rights, which has been criticized as being a denial of the autonomy and capacity of the child, in the sense that they are considered incompetent and need to be taken care and protected by adults. However, in some cases the behavior of children from some populations demonstrates that they are more mature than the general population in their age range, so that their rights should not be based solely on the basis of their age without considering their competence and autonomy. Efforts to provide more and better defined legislation on child welfare in Indonesia have been an ongoing struggle for activists and various parties. The child liberationist formulations of children's rights seems to offer the greatest possibility for a child's autonomy in relation to children's rights, which is also a critique of the tendency to underestimate the capacities of children and the general belief in the lack child's competency in society.

2018 ◽  
Vol 4 (1) ◽  
pp. 141
Author(s):  
Muhammad Fachri Said

This study aims to analyze the problem of legal protection for children in the perspective of human rights. The type of this research is socio-juridical or including descriptive research with a non-doctrinal approach, which views law as a socio-empirical symptom observed in experience. The research method used is descriptive research with the type of incorporation of normative legal research with sociological legal research related to the implementation of legal protection for children in the perspective of human rights. The results of the study show that the results of this study are the legal protection of children in the perspective of human rights in essence is an effort made by parents, government and society to fulfill and guarantee all children's rights that have been guaranteed in the convention of children's rights and laws Number 35 of 2014 concerning Child Protection. Legal protection for children in the perspective of human rights is less implemented because the government has not implemented its obligations in fulfilling children's rights so that there are still legal violations of children. The recommendation of this research is to implement legal protection for children in the perspective of human rights, parents should be fully responsible for the behavior of children and the government establishes policies that are in line with the wishes of the community, so that the common perception between parents, government and society is realized in fulfilling the rights child.


Author(s):  
M. Nur Syafiuddin ◽  
Rachmad Safa’at ◽  
Prija Djatmika ◽  
Istislam Istislam

Children have human rights (HAM) as those of adults. Unfortunately, discussions regarding children's rights are not as intense as adult rights or women's rights. There are not many parties that discuss and take concrete actions related to the protection of children's rights. In fact, children are a reflection of the future, assets of family, religion, nation and state. This study aims to describe and analyze the meaning of child support in the pattern of child protection in Indonesia based on the best interests of the child. This normative legal research utilized a philosophical and statutory approach. Analytical techniques used to process legal materials were analytical prescriptive methods, hermeneutics (interpretation) of law and ijtihadi. The legal materials used were primary legal materials including laws on child protection and secondary legal materials consisting of all literature and publications relevant to the field of child protection law. The results showed that there are at least two meanings of child support in the pattern of child protection in Indonesia based on the principle of child protection: child support as a guarantee for child welfare and child support as a futuristic value in child protection.


2021 ◽  
Vol 2 (2) ◽  
pp. 277-287
Author(s):  
Irma Alviana ◽  
Slamet Rosyadi ◽  
Simin Simin ◽  
Rukna Idanati

The Children's Forum is a forum for children's participation in development that bridges children's aspirations to the government. Child-friendly Cities/Districts aim to ensure the fulfillment of children's rights in a city/district. Both were formed by the Ministry of Women's Empowerment and Child Protection, so their existence is interrelated with each other. In Banyumas Regency both have been formed, so that with the presence of the Banyumas Children's Forum, participation can be analyzed as an effort to create a Child-friendly City in Banyumas Regency. This study aims to find out how the participation of the Banyumas Children's Forum in realizing Child-friendly City in Banyumas Regency is viewed from the perspective of multi-stakeholder partnerships using descriptive qualitative research methods. The selection of informants used was purposive sampling technique. Collecting data using interview, documentation and observation methods and data analysis methods using interactive analysis methods. The results showed that the Banyumas Children's Forum was formed by a Decree of the Banyumas Regent, fostered by the Banyumas Regent, and facilitated by the facilitators. However, the relationship between the facilitator and the Banyumas Children's Forum has not been closely intertwined because the task of the facilitator is conditional if the Children's Forum needs assistance. For the Child-friendly City program, it is the responsibility of all stakeholders, including the Banyumas Children's Forum which is included in the Banyumas Child-friendly City Task Force. The Banyumas Children's Forum is included in one of the institutional cluster indicators, which are responsible for realizing Child-friendly City. Therefore, to help realize a Child-friendly City, a Children's Forum has now been formed in 27 sub-districts throughout Banyumas, and it is being targeted to establish a Children's Forum in all villages. The activities of the Banyumas Children's Forum are monitored and evaluated directly by the Banyumas Regent as the supervisor and the Head of the Section for the Fulfillment of Children's Rights of the DPPKBP3A.


2019 ◽  
Vol 9 (1) ◽  
pp. 92
Author(s):  
Fransiska Novita Eleanora ◽  
Andang Sari

<div><p>Recognition and protection of children's rights is fully a shared responsibility of both the parents, the government and the wider community that guarantees its survival and development and the growth of children in a strong, healthy and intelligent state. The main role in the development of children in addition to nutrition and vitamin intake or fulfillment of clothing, food and shelter, is also needed attention to the development of children in the future which is the right of the child to get education and teaching so that the aspirations can be achieved and succeed as he wants. But with the changing times it turns out that the rights of children are neglected in the sense that they are not fulfilled as expected, because they are triggered by economic factors so that children cannot attend school or continue  their  education  due  to  marriage  at  a  young  age  or  so-called  early marriage.  With  the  occurrence  of  marriage  at  a  young  age  for  children  is  a violation of the rights of children, and children experience the destruction of their future because they are not ready and mature thinking and psychology because basically children should be protected from any threat or anyone. Protection of children's rights is absolutely granted, and has been regulated in the child protection law and marriage law regarding the age limit of children, the fact that there is still a high level of child marriage. The research method that is used or used in this writing uses literature studies based on the literature of journals, books, magazines and even from legislation relating to child protection and child marriage. The results showed that economic factors are the dominant occurrence of early marriage and lack of awareness of parents and community members on the protection and prevention of child marriages, on the other hand there is the assumption that by marrying their children, the obligations of parents are completed and by carrying out the marriage live independently without depending on their parents. The involvement and participation of the government can also prevent early marriage, especially in the application of sanctions in the rules that have been set, because if you want to protect children's rights, one of them is to prevent early marriage, or in other words stop child marriage.</p></div>


PRANATA HUKUM ◽  
2020 ◽  
Vol 15 (2) ◽  
pp. 172-182
Author(s):  
Yulia Hesti ◽  
Risna Intiza

Family is the smallest government, where there are problems or conflicts that occur in both parenting, protection, supervision, education and giving freedom in choosing skills, favorites that can be developed and applied in society and for the future. Seeing more and more cases of bullying, violence in schools and in the community is growing, worrying parents. Based on that background, the formulation of the problem is whether the Principles and Policies in The Development of ChildrenWorthy Cities based on the Regulation of the Minister of State for Women Empowerment and Child Protection on Child Development Policy No. 11 of 2011. Based on Article 5, it affirms that the government in creating programs and policies that put children's rights first, both to grow and develop children because the current growth of the child will have an impact on their lives in the future. Give breadth so that the child can give his opinion according to his point of view, because we do not know that there is a great potential that exists on each side of the child. Children are the next generation of the nation, the pride of every parent and family, who must be looked after and protected as best they can. Under Article 6, its policy governs a. civil rights and freedoms; b. family environment and alternative parenting; c. basic health and well-being; d. education, leisure use, and cultural activities; and e. special protection. The principles in government management must be transparency, accountability, participation, information disclosure, and legal supremacy, and not discrimination or discriminating between tribes, races, cultures and others. The policy on children's rights is a civil right in which the right to identity is the child hasa birth certificate.


2019 ◽  
Vol 2 (1) ◽  
pp. 97
Author(s):  
Hana Hanifah ◽  
Meilanny Budiarti Santoso ◽  
Dessy Hasanah Siti Asiah

Isu perlindungan anak merupakan isu yang mendunia. Segala bentuk aturan mengenai hak anak telah ditetapkan dan disetujui oleh hampir semua negara di dunia. Namun, aturan mengenai hak-hak anak yang telah dibuat sejak dulu tidak menjamin pelanggaran hak anak berakhir. Konflik bersenjata dan situasi kekerasan lainnya yang sampai saat ini masih sering terjadi dan membuat pemenuhan serta perlindungan hak anak harus menjadi perhatian utama semua pihak. Dampak konflik bersenjata dan kekerasan lainnya, membuat pemerintah, masyarakat dan organisasi pelayanan sosial harus bekerjasama untuk melakukan upaya pencegahan dan penanganan berbagai permasalahan yang dihadapi oleh anak yang terkena dampak tersebut. Metode yang digunakan dalam penulisan artikel ini adalah metode studi literatur dengan mencari relevansi antara teori yang sesuai dengan kasus atau permasalahan yang dikaji. Hasil kajian menunjukkan bahwa pemerintah, aparat keamanan dan penegak hukum, para profesional termasuk pekerja sosial, serta masyarakat harus ikut andil dalam mengusut kasus-kasus konflik dan kekerasan yang melibatkan anak-anak dalam upaya pemenuhan dan perlindungan terhadap hak anak. Upaya menciptakan lingkungan yang peduli terhadap perlindungan anak dari konflik dan situasi kekerasan lainnya dapat menggunakan pendekatan manajemen kasus, para professional dan spesialis perlindungan anak dapat memfasilitasi penguatan lingkungan di sekitar anak untuk melakukan perlindungan terhadap anak dengan memastikan bahwa pendekatan yang dilakukan terstruktur dan diambil untuk mengidentifikasi, menilai, merencanakan, dan meninjau kebutuhan perlindungan terhadap anak.  The issue of child protection is a global problem. All forms of rules regarding children's rights have been established and approved by almost all countries in the world. However, the rules regarding children's rights that have been made since long ago do not guarantee violations of children's rights end. Armed conflict and other violent situations that still occur frequently and make the fulfillment and protection of children's rights must be the main concern of all parties. The impact of armed conflict and other violence, makes the government, society and social service organizations must work together to make efforts to prevent and deal with various problems faced by the affected children. The method used in writing this article is a literature study method by looking for relevance between theories that are in accordance with the case or problem being studied. The results of the study show that the government, security forces and law enforcement, professionals including social workers, and the community must take part in investigating cases of conflict and violence involving children in efforts to fulfill and protect children's rights. Efforts to create an environment that cares for the protection of children from conflict and other violent situations can use a case management approach, professionals and child protection specialists can facilitate strengthening the environment around children to protect children by ensuring that the approach taken is structured and taken to identify, assess, plan and review child protection needs.


2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Teta Riasih

Children in Ciburial Village experience several problems including discrimination, violence, exploitation, and neglect of children. UU no. 4 of 1979 concerning Child Welfare and Law No. 23 of 2002 in Indonesia concerning Child Protection, states the importance of child protection by parents and the community, but this has not been fully met at the level of implementation. To realize child protection, the Bandung regency government, since 2014 has launched a pioneering child-friendly district by forming a child-friendly village including Ciburial Village, Cimenyan Sub-district. The research approach used was qualitative (field research), the source of data in the research amounted to eight people. The main source is the Ciburial Village leader and several Village officials who determine various village policies and programs that support child protection. Data collection techniques used primarily were group interviews with officials in the village of Ciburial, in addition to that also used in-depth interview techniques. The results showed that the fulfillment of children's rights in the context of supporting a village worthy of children is very good, namely by the availability of social institutions in each of the Five Pillars that guarantee the fulfillment of children's rights, fulfillment of civil rights and freedom of children, the right to health and basic welfare, the availability of the family and care environment alternative for children, the right to education, the use of free time and cultural activities based on local wisdom, and provide special protection. Suggestions in this research are the need to continue to promote socialization on child protection, as well as the provision of human resources who are concerned about the protection of children who come from internal circles of Ciburial Village beside the government officials of Ciburial Village to better coordinate with the Government of Bandung Regency and other agencies so that the fulfillment of children's rights in Ciburial Village can run optimally.


FIAT JUSTISIA ◽  
2016 ◽  
Vol 9 (1) ◽  
Author(s):  
Dwi Putri Melati

The Government held protection of children with a Child Protection Commission based on the mandate Presidential Decree Number 77 of 2003 on Child Protection Commission and Law Number 23 of 2002 on Child Protection. The problem of Indonesian Child Protection Commission (KPAI) implementation in handling cases of violence against children and Protection Commission apasaja resistance factors Indonesian Children to the protection cases of violence against children. Writing nomative juridical approach and use nomative juridical approach empirical. Discussions on Normative KPAI socialization gather data and information, received complaints review, do, monitoring, and evaluation, report, advice inputs, and consideration to the President. KPAI will ideally plays a monitor, monitor and encouragement organizer child protection, policy advocacy, as the mediator in the handling cases of violence against children. Some of the factors that would be resistance KPAI in dealing with cases of violence against children in terms of the method seen from law enforcement officials, the law,the lack public understanding on children's rights, facilities as the minimum support infrastructure, there is a tradition negative community authors suggest that Indonesian Child Protection Commission raises really carry out an effective and professional, the Government gives infrastructure, facilities, facilities and infrastructure that enough, people can understand children's rights and understand.Keywords : Implementation, Handling, Children.


2016 ◽  
Vol 24 (2) ◽  
pp. 304-329 ◽  
Author(s):  
Thomas Waldock

By employing the principles and standards of the United Nations Convention on the Rights of the Child (crc), this paper explores the significance and implications of children’s rights for child welfare, with a specific focus on theoretical paradigms of practice. Reform discussions in child welfare scholarship often have centred on deficiencies in the Anglo-American child protection paradigm associated with liberal welfare states. Alternative paradigms are contrasted, most notably the family service approach to child welfare generally found in Nordic, social democratic welfare states. Whilst the crc supports a family service paradigm, the paper highlights disturbing tendencies in reform discussions that are traceable to theoretical roots in the widely adopted and referenced Esping-Andersen/Gilbert classifications of cultures and child welfare paradigms. Whilst the classifications have proven to be useful, the paper explores the need for a more nuanced and complex characterisation of cultures and paradigms, to avoid misunderstandings and conceptual confusion. In particular, children’s rights often are associated only with liberal welfare states and child protection paradigms, and therefore adopting a family service paradigm is conceptualised as moving away from a children’s rights or child protection focus. In fact, a children’s rights framework for child welfare would establish provision, protection and participation as equal and interrelated priorities, whilst still emphasising the importance of a child-centred analysis.


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