Efforts to
Protect the Law of Sexual Violence Cases Against Children Relate to Law Number 35
of 2014 Concerning Child Protection
M.Gary Gagarin*1,
Sartika Dewi2, Farhan Asyhadi3,
Lia Amaliya4, Zarisnov Arafat5
Faculty of Law, Universitas Buana Perjuangan Karawang, Karawang, West Java, Indonesia1,2,3,4,5
Email:
[email protected]*1,
[email protected]2
[email protected]3,
[email protected]4,
[email protected]5
Keywords |
|
ABSTRACT |
P2TP2A,
Children, Sexual Violence. |
|
The Integrated Service Center
for the Empowerment of Women and Children (P2TP2A) is expected to function as
a community-based service institution. This community-based service acts as a
crisis center unit by providing complaints, health, rehabilitation, social,
counseling, legal assistance, repatriation, and social reintegration services
(for trafficking victims). Sexual violence encompasses any action that
diminishes, belittles, intimidates, or assaults an individual's body or
reproductive capabilities, stemming from imbalanced power dynamics or gender
inequalities. Such acts inflict psychological or physical harm, potentially
disrupting reproductive health and impeding educational opportunities.
Examples include rape and sexual abuse. This research focuses on examining
legal protection efforts and identifying obstacles faced by P2TP2A
(Integrated Service Center for Women and Children) in handling cases of
sexual violence against children, utilizing an empirical juridical approach.
The findings reveal that legal protection for children experiencing sexual
violence is enshrined in Article 13 of Law Number 35 of 2014, which
emphasizes the rights of children to be protected from various forms of harm,
including discrimination, exploitation, neglect, cruelty, violence, abuse,
and injustice. Supporting factors include the availability of financial
assistance to fund P2TP2A activities, the dedication of officers and
volunteers who prioritize the welfare of women and children, and the
provision of office facilities by the government. However, there are
inhibiting factors such as inadequate budget allocation, the unrealized
Community-Free Integrated Child Protection Program (PATBN), insufficient
human resources, the need for improvement in office facilities and infrastructure,
and the lack of safe housing for victims who are still renting. |
|
|
INTRODUCTION
Sexual
violence entails engaging in sexual acts through forceful or coercive means,
directly contradicting religious principles and moral values, as well as breaching
legal statutes. The act of violence is often employed to assert dominance,
demonstrating the perpetrator's physical and psychological prowess and his
power may be utilized to carry out his nefarious plans
Sexual violence against children refers to
instances where children are engaged in sexual acts without full comprehension
or the ability to give consent
In
Indonesia, a significant topic of concern revolves around crimes committed
against children. These crimes encompass various forms of violence, including
murder, abuse, and other harmful acts that can severely impact a child's mental
well-being. Ideally, children should receive quality education and be nurtured
with familial love to safeguard their emotional stability
The Integrated Service
Center for Women and Children Empowerment, commonly known as P2TP2A, serves as
a multifaceted facility dedicated to advancing women's empowerment across
various developmental domains while also safeguarding them and children from different
forms of discrimination and violence, including human trafficking. These
centers, established either by the government or community-based initiatives,
can function in diverse capacities such as referral centers, business advisory
hubs, reproductive health counseling facilities, legal consultation offices,
integrated crisis centers (PKT), comprehensive service centers (PPT), trauma
recovery centers (trauma centers), women's crisis support centers, training
facilities, science and technology information centers (PIPTEK), safe havens
(shelters), halfway homes, or other configurations aimed at fulfilling their
objectives
The
Office of Women's Empowerment and Child Protection was established based on
Regional Regulation No. 14 and Regent Regulation No. 48/2016 on the
organizational structure, duties and functions of the Karawang Regency Women's
Empowerment and Child Protection Office. The government said cases of violence
against women and children in the Karawang region increased throughout 2022. Head of the
Prevention and Handling of Violence against Women and Children Division, Hesti Rahayu, in Karawang, said
that over the past three years, cases of violence against women and children in
Karawang have increased. According to local DP3A records, there were 111 cases
in 2022. Then the number increased to 144 cases in 2023, with an increase of 33
cases.
This
study delves into the legal protection efforts concerning cases of sexual
violence against children, specifically exploring the connection with Law
Number 35 of 2014 concerning Child Protection. The focus is on the Karawang
Integrated Service Center for Women and Children
Empowerment (P2TP2A) in Indonesia, a multifaceted facility dedicated to
advancing women's empowerment and shielding children from various forms of
discrimination and violence, including human trafficking.
The
novelty of this research lies in gaining a profound understanding of the
relationship between legal protection efforts against child sexual violence and
a specific regulation, namely Law Number 35 of 2014. Previously, there have
been limited studies that specifically explore this connection at the local
level, particularly in the Karawang Regency.
The
primary objectives of this study are to analyze the
extent to which legal protection efforts at P2TP2A Karawang align with the
provisions of Law Number 35 of 2014 in addressing cases of child sexual
violence. The research also aims to identify supporting and inhibiting factors
in handling these cases at the service center.
The
study's significance involves contributing to a practical and theoretical
understanding of the effectiveness of legal protection efforts against cases of
child sexual violence at the local level. The findings can offer insights to
authorities, non-governmental organizations, and the general public regarding
the role of P2TP2A in fulfilling its responsibilities. It is anticipated that
the research outcomes can serve as a basis for policy improvements and
implementations to enhance child protection from sexual violence in the
Karawang region. Additionally, the study aims to contribute to the national
understanding of the implementation of Law Number 35 of 2014.
METHODS
The
study employs an empirical research design, a methodological approach utilized
to portray observed field conditions accurately. This design aims to establish
a framework for validation or testing to ascertain the truth. Through the
empirical approach, the research endeavors to
thoroughly explore and analyze data and information.
The methodology encompasses a detailed description of research methods,
including the target population and sample selection, instruments, and data
collection techniques, as well as the planned data analysis methods. The
results section will then present the characteristics of the gathered data and
articulate the research findings.
RESULTS
Legal Protection of Sexual Violence Against
Children in Connection with Law Number 35 of 2014 concerning Child
Protection
Legal protection involves the safeguarding provided to legal entities
through legal mechanisms, encompassing both preventive and punitive measures,
whether codified or customary. Essentially, legal protection exemplifies the
role of law, which includes ensuring justice, order, predictability,
efficiency, and peace within society.
The fundamental principles underlying legal protection are encapsulated
in the notions of protection and law. Legal protection, a compound term
comprising "protection" and "law," signifies safeguarding
by established laws and regulations. Article 28B, paragraph (2) of the 1945
Constitution of the 2nd Amendment asserts, "Every child has the
entitlement to survival, growth, and development, as well as the entitlement to
be shielded from violence and discrimination."
A comprehensive understanding of legal protection for children involves
a detailed examination across various dimensions, connecting and comparing
research results with theory and previous research results. Various documents
and international forums emphasize the necessity for legal protection for
children in multifaceted ways, including:
1.
Ensuring
the human rights and freedoms of children are safeguarded.
2.
Ensuring
children are protected during legal proceedings.
3.
Ensuring
the welfare of children within family, educational, and social environments.
4.
Ensuring
children are protected in situations involving detention and loss of liberty.
5.
Preventing
all forms of exploitation of children, including slavery, trafficking,
prostitution, pornography, drug trafficking/abuse, and involvement in criminal
activities.
6.
Providing
protection for children living on the streets.
7.
Shielding
children from the repercussions of war and armed conflict.
8.
Protection
children from acts of violence.
In the Child
Protection Act of 2014, Article 1, paragraph (2) defines Child Protection as:
"All efforts
aimed at ensuring and safeguarding children, ensuring their rights to live,
thrive, develop, and engage fully in accordance with their inherent human
dignity, while also ensuring protection from violence and discrimination."
The constitution
explicitly ensures child protection by affirming every child's entitlement to
life, growth, and development, along with safeguarding them from both physical
and psychological discrimination and violence. Derivatives of the constitution
that regulate child protection are regulated in the Criminal Code, which regulates
sanctions for people who commit sexual violence against women and children, as
in articles 289-295 of the Criminal Code. Forms of crime include fornication,
murder, rape and adultery.
Other regulations
that regulate the protection of child victims in cases of sexual violence and
regulate in more detail are regulated in Law Number 35 of 2014 concerning Child
Protection as a state commitment present in the protection of victims that has
not been optimally handled. This regulation complements the previous rules that
have not been comprehensively regulated in the Criminal Code, which have not
accommodated the elimination of violence that occurs in children. So that in
the Child Protection Law, the state is present in overcoming and preventing
sexual violence, especially article 21 of the Child Protection Law explains
that the state in government is responsible for child protection and carries
out the obligation to fulfil the rights as a whole person regardless of
background, ethnicity, race, religion, class, gender, culture and so on for the
benefit and future of children.
Legal protection can
also be understood as actions or endeavors aimed at shielding society from
arbitrary actions by authorities that deviate from the principles of the rule
of law. This is done to establish order and tranquility, thereby allowing
individuals to fully embrace their dignity as human beings.
The
legal protection of children in Indonesia is governed by numerous laws and
regulations, with specific provisions outlined in Law Number 53 of 2014, which
amends Law Number 23 of 2002 concerning Child Protection include:
1. Protection in the field of
Religion
Law Number 23 of
2002 concerning Child Protection Article 42: "The state, government,
society, family, parents, guardians, and social institutions guarantee the
protection of children in professing their religion. Protection of children in
embracing their religion includes coaching, guiding, and practising
religious teachings for children."
2. Protection in the Health Sector
Law Number 23 of
2002 concerning Child Protection Article 44: "Parents and families are
responsible for maintaining children's health. If they cannot carry out their
responsibilities, the government must fulfil them."
3. Protection in Education
Law Number 23 of
2002 concerning Child Protection Article 48: "Children in and within the
school environment are obliged to act of violence committed by teachers, school
administrators or their friends in the school concerned, or other educational institutions."
4. Protection in the Social Field
Law Number 23 of
2002 concerning Child Protection Article 55: "The government is obliged to
carry out the maintenance and care of abandoned children if the maintenance and
supervision of their maintenance and care is carried out by the Minister of
Social Affairs."
5. Special Protection
Special protection
for children who are victims of criminal acts Article 1 paragraph (15) of Law
Number 23 of 2002 concerning Child Protection includes:
a. Rehabilitation endeavors, both
within and beyond institutional settings.
b. Measures to safeguard the
confidentiality of identity in media reporting and prevent stigmatization.
c. Ensuring the safety of victim
witnesses and expert witnesses, encompassing physical, mental, and social
aspects.
d. Facilitating accessibility to
information regarding case progress.
The safeguarding of
children as outlined in Article 13 of Law Number 35 of 2014, which amends Law
Number 23 of 2002 concerning Child Protection:
1. Every child, under the
guardianship of a parent, guardian, or any other caretaker, is entitled to
protection from mistreatment:
a. Acts of discrimination.
b. Economic and sexual exploitation.
c. Neglect.
d. Brutality, violence, and
persecution.
e. Injustice.
f. Other form of mistreatment.
2. If a parent, guardian or
caregiver of a child commits any form of treatment as referred to in paragraph
(1), the offender shall be subject to severe punishment."
The explanation of
Article 13 of Law Number 35 of 2014 concerning amendments to Law Number 23 of
2002 concerning Child Protection describes discriminatory treatment, for
example, treatment that discriminates against ethnicity, religion, race, class,
gender, ethnicity, culture and language, legal status of children, order of
birth of children, and physical and/or mental conditions. Exploitative
treatment, such as acts or acts of using, utilizing, or blackmailing children
to obtain personal, family, or group benefits. Neglect, including the
intentional failure to fulfill responsibilities regarding the proper care and
upbringing of children. Cruel treatment, defined by actions or behaviors that
exhibit merciless and brutal treatment towards children. Violence and abuse,
which entail causing harm or injury to children, extending beyond physical harm
to include mental and social harm. Injustice treatment, characterized by biased
actions between children or arbitrary treatment towards them. Other forms of
mistreatment, such as acts of misconduct or dishonorable conduct directed at
children.
Supporting and Inhibiting
Factors in Handling Cases of Sexual Violence Against Children at the Karawang
Integrated Service Center for Women and Children Empowerment (P2TP2A)
The
establishment of the Integrated Service Center for Women and Children
Empowerment (P2TP2A) is rooted in the framework of women's empowerment
development outlined in Presidential Instruction (Inpres)
Number 9 of 2000 regarding Gender Mainstreaming in National Development. This
concept is designed to integrate gender perspectives into the planning,
formulation, execution, monitoring, and evaluation of national development
policies and programs. The concept's scope encompasses various aspects,
including gender-responsive planning/gender budgeting, implementation,
monitoring, and evaluation.
In
principle, each region that will form this container can determine the shape
and name per each region's wishes, goals, vision, and mission. P2TP2A is
community-based, however, in the process of its formation, legal force is
needed, namely the Governor's Decree or the Decree of the local Regent, with
the issuance of regulations as a legal umbrella in the West Java region, namely
West Java Governor Regulation Number 15 of 2010, precisely on May 5, 2010. The
establishment of P2TP2A in Karawang Regency serves as a means
to provide essential services and information for women and children
across various domains including education, healthcare, economics, legal
matters, as well as the prevention and mitigation of violence and human
trafficking against them.
P2TP2A
in Karawang Regency certainly has its duties and functions as explained in the
West Java Provincial Government regulations.
1.
Assignment
Carry
out some of the duties of local governments in providing services quickly and integrated
in efforts to empower women and protect children from acts of violence, discrimination,
and trafficking in persons.
2.
Function
a. Implementation of facilities and
provision of protection services.
b. Organizing coordination and
building networks.
c. Implementation of facilities;
and
d. Monitoring of victims of P2TP2A
handlers and/or partners.
A
well-organized program implementation process can enhance coordination among
Regional Work Units and foster community involvement through collaboration. The
programs devised by P2TP2A include the following:
1.
Community-Based Integrated
Child Protection Program (PATBN)
PATBM is a
grassroots movement comprising networks or community groups that collaborate in
a coordinated fashion to pursue objectives related to child protection. It is a
community-led initiative aimed at spearheading preventive measures by raising
public awareness, thereby fostering a shift in understanding, attitudes, and
behaviors conducive to safeguarding children.
2. Counselling corner
Counselling is the
process of providing help through face-to-face discussion for someone
experiencing a particular problem. This method is done by experts called
counsellors and focuses on solving a problem or learning certain techniques to
deal with or find ways to avoid the problem. P2TP2A conducts corner counselling
by visiting elementary schools and conducting socialization; when there are
case complaints in one of the schools, counselling can be conducted at school.
At that time, student counselling was implemented at 39 school points in
Karawang District.
3. Child-friendly schools
Sekolah sahabat
Anak is a child protection foundation driven by volunteers fighting for
children's rights. The purpose of establishing child-friendly schools according
to the Head of Prevention and Handling of Violence in Children focuses on cases
of violence experienced by children, in accordance with the Regulation of the
Minister of Education, Culture, Research, and Technology Number 46 of 2023
concerning the Prevention and Handling of Violence in the Education Unit
Environment (Permendikbudristek PPKSP) as Merdeka Belajar Episode 25 that every school is required to have a
Task Force that specifically handles children's cases. This regulation was born
to strictly address and prevent sexual violence, bullying, as well as
discrimination and intolerance. In addition, it assists education units in
handling cases of violence that occur, including violence in the form of
online, psychic, and others, with a perspective on victims. If a case of
violence at school requires follow-up, the school can coordinate with P2TP2A.
4.
Child-Friendly City
A Child-Friendly City is characterized by its
ability to strategically plan, prioritize, and implement all development
initiatives with a focus on upholding the rights and responsibilities of
children. This approach aims to create an environment conducive to the proper
growth and development of children. Karawang Regency has become a child-worthy
city with the title of Madya.
5.
Enforcement Program
This refers to a specialized program tailored to children who have
experienced sexual violence. The primary goal of this program is to provide
both moral and material support to these children, ensuring they receive
justice and welfare assistance, thereby empowering them for their future
development. Additionally, P2TP2A offers psychological support and trauma
healing services for children affected by such crimes. The mentoring program
conducted by P2TP2A in Karawang Regency has specific targets to fulfill its
responsibilities, including:
a.
Medical aid refers to the
support provided by P2TP2A personnel and volunteers to child victims who have
sustained physical injuries and require additional medical treatment, such as
those who have experienced violence and may need forensic examination, will be
accompanied during the process by P2TP2A volunteers in collaboration with
Karawang Regional Hospital.
b.
Psychological support is
provided to children who have undergone trauma or require psychological
intervention due to the violence they have endured. This assistance is
conducted in partnership with volunteer psychologists from Buana
Perjuangan University (UBP) Karawang. P2TP2A officers
or volunteers administer psychological aid to child victims of violence who
exhibit symptoms such as diminished self-esteem, intense fear, anxiety, and a
tendency to isolate themselves.
c.
Juridical aid pertains to
the support provided to children entangled in legal issues, specifically
targeting those who are involved in conflicts with the law or want to continue
court cases assisted by volunteers covering legal processes that occur in the
police, prosecutors and courts for the purpose of assistance so that children
feel comfortable and trust the companion so that they can tell honestly and
openly with the case they are experiencing, according to the Head of Prevention
and handling of cases of violence against children. This support emphasizes
psychological assistance for children, serving as a source of reinforcement to
reassure them that they are not alone in navigating the challenges they
encounter. P2TP2A also provides a volunteer task force at the sub-district
level to improve juridical assistance so that when cases of violence occur,
they are resolved first at the sub-district level by mediating in the
sub-district.
d.
Rehabilitation
and Reintegration is a form of assistance that facilitates and provides shelter
services for victims of violence, facilitates social recovery for victims of violence,
provides spiritual guidance and social guidance for victims, and facilitates
and implements the repatriation of victims to their areas of origin. The P2TP2A
Office, in this case, collaborates with the Social Office and the Al-Kholisoh Foundation with a one-month rental system because,
according to the Head of Prevention and handling of violence against children,
the safe house is not always needed so to streamline the safe house budget, it
is rent.
While
providing services to women and children, P2TP2A is supported by several
supporting factors, but on the other hand, P2TP2A also faces problems that
hinder in providing services to women and children. These supporting and
inhibiting factors were obtained from an interview with the Head of Prevention
and Handling of Violence Against Children, Mrs. Hesti
Rahayu. The results of the interview are described as
follows:
Supporting factors
Source : Women's Empowerment and Child Protection Agency (DP3A)
Figure
1. Identity of officers and volunteers
Inhibiting
factors
1. Although
there is financial assistance from various parties, it is still very limited;
it is explained that the APBD for P2TP2A is the smallest budget given by local
governments, so it must be used according to the priority scale. P2TP2A must
manage the aid funds received as well as possible because the funds received
are still very limited, so several work programs must be postponed due to
limited funds owned.
2. The
Community-Based Integrated Child Protection Program (PATBN) has not been
implemented as planned; it is still in the planning and deliberation stages.
Consequently, the handling of violence against women and children has not
reached its full potential.
3. Human
resources owned by P2TP2A are still very limited, especially the volunteers are
only a few who are active in activities, so sometimes P2TP2A must determine
which cases should come first to be handled.
4. Office
infrastructure is still not by the criteria that should be, and transportation
is still inadequate, resulting in less comfort in working and optimal acting.
5. The
safe house that is still rented to Al-Kholisoh
Foundation once a month illustrates that the local government is less
supportive of preventing and handling cases of violence against children.
CONCLUSION
Based on the research description provided, several key conclusions can
be drawn. Firstly, the legal protection for children facing sexual violence is
clearly outlined in Article 13 of Law Number 35 of 2014, which amends Law
Number 23 of 2002 on Child Protection. This legal provision emphasizes the
entitlement of every child, under the care of parents, guardians, or any
responsible caretaker, to protection from various forms of mistreatment,
including discrimination, economic and sexual exploitation, neglect, violence,
persecution, injustice, and other mistreatment forms. Additionally, the
research identifies supportive factors such as access to financial aid for
funding P2TP2A activities and operations, dedicated officers and volunteers
prioritizing the welfare of women and children, and satisfactory quality of
government-provided office facilities. On the contrary, inhibiting factors
include insufficient budgets, delayed realization of the Community-Based
Integrated Child Protection Program (PATBN), limited human resources, office
facilities, and infrastructure in need of improvement, and the lack of safe
housing for victims who are currently renting accommodations.
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Copyright holder: M.Gary Gagarin, Sartika
Dewi, Farhan Asyhadi, Lia
Amaliya, Zarisnov Arafat
(2024) |
First publication rights: International
Journal of Social Service and Research (IJSSR) |
This article is licensed under: |