Law Number 17 of 2016 concerning the Enactment of Government Regulation in Lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 on Child Protection into Law

Summary

Law Number 17 of 2016 enacts Government Regulation in Lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 on Child Protection into law. This regulation is an important part of the child protection legal regime in Indonesia, particularly in strengthening the prevention and prosecution of sexual violence against children. This law was prompted by the increase in sexual violence against children, which is considered a threat to the survival, growth, development, security, and future of children. The State reaffirms its obligation to guarantee the child's right to survival, growth, and development, as well as protection from violence and discrimination. The main substance of this second amendment focuses on strengthening criminal provisions against perpetrators of sexual violence against children. The provisions of Article 81 regarding sexual intercourse with children and Article 82 regarding obscene acts against children are strengthened through heavier criminal penalties as well as the potential imposition of additional penalties and specific measures under conditions stipulated by law. This regulation has direct relevance to the provision of Early Childhood Education (PAUD) because it specifically includes educators and education personnel as parties who can be subject to aggravated criminal penalties if they commit sexual crimes against children. Aggravation also applies if the crime is committed by parents, guardians, family members, child caregivers, officials handling child protection, or jointly by more than one person. These provisions emphasize that educational units, including PAUD units, must be safe environments from all forms of sexual violence. Educators and education personnel hold a position of trust and special responsibility towards children, so the abuse of this position can lead to heavier legal consequences. This law also regulates the aggravation of punishment if the crime results in more than one victim, causes severe injury, mental disorders, contagious diseases, impaired or loss of reproductive function, or causes the death of the victim. Under certain conditions, perpetrators may also be subject to additional penalties in the form of identity disclosure and measures stipulated by law. Within the framework of child protection, the existence of Law Number 17 of 2016 reinforces the message that the prevention of sexual violence is not enough through punishment alone, but must be supported by protection, supervision, prevention, and institutional governance measures that guarantee the safety of children. For IKADPAUDI, Law Number 17 of 2016 is an important reference in the development of safe, child-friendly, and sexual violence-free PAUD policies and practices. This regulation is relevant for the education and training of PAUD educators, the development of codes of ethics and child protection standards, the formulation of violence prevention and reporting mechanisms, the strengthening of PAUD unit governance, and the advocacy of child protection policies in the educational environment. This regulation must be read alongside Law Number 23 of 2002 on Child Protection and Law Number 35 of 2014 as a unified child protection legal regime. For the operational needs of educational units, these provisions also need to be read alongside the latest regulations regarding safe and comfortable educational environments as well as laws and regulations concerning sexual violence crimes. Legal status note: Law Number 17 of 2016 remains part of the Child Protection legal regime, but some of the criminal provisions amended through this law have been revoked by Law Number 1 of 2023 regarding the Criminal Code. Therefore, the most appropriate status for the IKADPAUDI database is Partially Applicable, and its application must pay attention to the applicable Criminal Code and other related regulations.