Law
2016
Partially In Force
17
Pemerintah Republik Indonesia
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.
Perlindungan Anak
Law
2014
In Force
35
Pemerintah Republik Indonesia
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.
Perlindungan Anak
Law
2002
Partially In Force
23
Pemerintah Republik Indonesia
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.
Perlindungan Anak
