Law Number 23 of 2002 regarding Child Protection

Summary

Law Number 23 of 2002 regarding Child Protection serves as the primary foundation for the implementation of child protection and the fulfillment of children's rights in Indonesia. This law asserts that a child is someone who is under 18 years of age, including children still in the womb, and defines child protection as all activities to guarantee and protect children and their rights so that they can live, grow, develop, and participate optimally in accordance with human dignity and worth, as well as obtain protection from violence and discrimination. The implementation of child protection is based on Pancasila, the 1945 Constitution of the Republic of Indonesia, and the basic principles of the Convention on the Rights of the Child, namely non-discrimination, the best interests of the child, the right to life, survival and development, and respect for the child's views. These principles constitute an important basis for the implementation of child rights-based Early Childhood Education (ECD). This law guarantees various rights of the child, including the right to live, grow, and develop; obtain an identity; receive parenting; obtain health services; obtain education and instruction; express opinions; play, rest, and recreate; and obtain protection from discrimination, exploitation, neglect, violence, maltreatment, injustice, and other forms of mistreatment. In the field of education, every child has the right to obtain education and instruction in the framework of personal development and intelligence level according to their interests and talents. The state, government, family, and parents are obliged to provide the widest possible opportunities for children to obtain education. This law also asserts that children's education is directed toward the development of personality, talents, mental and physical abilities to achieve optimal potential; respect for human rights; respect for parents, cultural identity, language, and values; the preparation of the child for a responsible life; and the development of respect and love for the living environment. Child protection in the educational environment is one of the important substances. Children within and around the school environment are obliged to obtain protection from acts of violence committed by teachers, school administrators, peers, and other parties within educational institutions. This provision serves as one of the legal foundations in the development of safe, child-friendly, violence-free ECD units oriented toward the best interests of the child. This law regulates the obligations and responsibilities of the state, government, society, family, and parents in implementing child protection. Parents are obliged to nurture, care for, educate, protect, and foster children according to their abilities, talents, and interests. The state and government are obliged to guarantee children's rights without discrimination and provide facilities and infrastructure support for the implementation of child protection. In the aspect of parenting, this law affirms the child's right to know their parents and to be raised and nurtured by their own parents. The separation of a child from their parents can only be done if there are valid reasons or legal provisions and such action is aimed at the best interests of the child as the primary consideration. This law also regulates children's health from the womb, identity and birth certificates, parental authority, guardianship, parenting and adoption, social protection, special protection, and the role of society in the implementation of child protection. For IKADPAUDI, Law Number 23 of 2002 is a fundamental reference in the development of scholarship, research, advocacy, policy, and practice of child rights-based ECD. This regulation is relevant for strengthening the principle of the best interests of the child, non-discriminatory education, positive parenting, protection from violence, inclusive education, the right to play, child participation, health and growth and development, and the development of a safe ECD environment that supports children's development optimally. Legal status note: Law Number 23 of 2002 remains the parent law regarding Child Protection, but a number of its provisions have been amended through Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 regarding Child Protection and subsequently underwent a second amendment through Law Number 17 of 2016. In addition, some of its criminal provisions have been revoked by Law Number 1 of 2023 concerning the Criminal Code. Therefore, its application must be read together with all applicable amendments and implementing regulations.