Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection

Summary

Law Number 35 of 2014 is an amendment to Law Number 23 of 2002 concerning Child Protection. This law strengthens the state's guarantee of the fulfillment, respect, and protection of children's rights and clarifies the responsibilities of the state, government, local governments, society, families, parents, and guardians in the implementation of child protection. This law affirms that a child is any person under the age of 18, including children still in the womb. Child protection is defined 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, and obtain protection from violence and discrimination. In the field of education, this law is very important for the implementation of Early Childhood Education (ECE / PAUD). Every child has the right to obtain education and instruction for personal development and intelligence in accordance with interests and talents. Children also have the right to get protection in educational units from sexual crimes and violence committed by educators, education personnel, fellow students, or other parties. This law also affirms the obligation of the state, government, local governments, families, and parents to provide the widest possible opportunity for children to obtain an education. Children with disabilities have the right to obtain opportunities and accessibility to participate in inclusive education and/or special education. Child protection in and around educational units is of special concern. Children must receive protection from physical violence, psychological violence, sexual crimes, and other crimes. This protection is the responsibility of educators, education personnel, government apparatus, and society. In addition to education, Law Number 35 of 2014 strengthens children's rights in the fields of parenting, health, identity, social welfare, religion, participation, and special protection. Parents are obliged to nurture, care for, educate, and protect children; foster children according to their abilities, talents, and interests; prevent child marriage; and provide character education and moral value inculcation. This law also strengthens the principle of the best interests of the child in parenting. Every child essentially has the right to be raised by their own parents, unless there are valid legal reasons or provisions indicating that separation is in the best interest of the child and is carried out as a last resort. The government and local governments have the obligation to guarantee the fulfillment of children's rights without discrimination, provide facilities, infrastructure, and human resources for the implementation of child protection, and implement national child protection policies in the regions. This law is also one of the foundations for the development of Child-Friendly Regencies/Cities. For IKADPAUDI, Law Number 35 of 2014 is one of the core regulations in the study and practice of child-rights-based ECE. This regulation serves as a reference in the development of safe and inclusive ECE units, the prevention of violence against children, education and parenting based on the best interests of the child, the fulfillment of the rights of children with disabilities, the strengthening of the role of the family, and the advocacy of child protection policies at the national and regional levels. Legal status note: Law Number 35 of 2014 must be read as an inseparable part of Law Number 23 of 2002 concerning Child Protection. Several of its provisions were subsequently amended further through Law Number 17 of 2016 concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection into Law. Some related criminal provisions have also been revoked by Law Number 1 of 2023 concerning the Criminal Code. Therefore, for the latest legal application, these three layers of regulation must be read systematically.