LAW (Child Protection)

Republic Act No. 23 of 2002 on Child Protection

LAW OF THE REPUBLIC OF INDONESIA
NUMBER 23 YEAR 2002

ABOUT

CHILD PROTECTION

BY THE GRACE OF GOD ALMIGHTY

PRESIDENT OF THE REPUBLIC OF INDONESIA

Considering:

a. Unitary Republic of Indonesia that guarantee the welfare of each of its citizens, including protection of the rights of children which is human rights;

b. that the child is trustworthy and the gift of God Almighty, who in her inherent dignity as a human being;

c. that the child is a budding, potential, and the younger generation successor to the ideals of national struggle, has a strategic role and have the characteristics and special properties that guarantee the continuity of existence of the nation and state in the future;

d. that for every child will be able to assume responsibility, then he needs to get the widest possible opportunity to grow and develop optimally, both physically, mentally and socially, and noble, necessary to safeguard and to realize the welfare of children by providing guarantees towards the fulfillment of their rights and the existence of treatment without discrimination;

e. that to realize the protection and welfare of children is needed institutional support and legislation that can ensure their implementation;

f. that these laws only regulate certain matters regarding the child and specifically not regulate all aspects relating to the protection of children;

g. that based on the considerations mentioned in letter a, b, c, d, e, and f need to enact a Law on Child Protection;

Given:

1. Article 20, Article 20A Paragraph (1), Article 21, Article 28B Paragraph (2), and Article 34 of the Constitution of the Republic of Indonesia Year 1945;

2. Act No. 4 of 1979 on Child Welfare (State Gazette Year 1979 Number 32, Supplementary State Gazette Number 3143);

3. Law No. 7 of 1984 on the Elimination of All Forms of Discrimination against Women (Convention on the Elimination of all Forms of Discrimination Against Women) (State Gazette Year 1984 Number 29, Supplementary State Gazette Number 3277);

4. Law No. 3 / 1997 on Juvenile Court (State Gazette Year 1997 Number 3, Additional State Gazette Number 3668);

5. Act No. 4 of 1997 on Persons with Disabilities (State Gazette of 1997 No. 9, Supplement to State Gazette Number 3670);

6. Law Number 20 Year 1999 concerning Ratification of ILO Convention No. 138 Concerning Minimum Age for Admission to Employment (ILO Convention concerning Minimum Age for Admission to Employment) (State Gazette Year 1999 Number 56, Supplementary State Gazette Number 3835);

7. Law Number 39 Year 1999 on Human Rights (State Gazette Year 1999 Number 165, Additional State Gazette Number 3886);

8. Law No. 1 Year 2000 concerning Ratification of ILO Convention No. 182 Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (ILO Convention no. 182 concerning the Prohibition and Immediate Action for Elimination of Worst Forms of Child) (State Gazette Year 2000 Number 30, Additional State Gazette Number 3941 );


With approval:

HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA


DECIDED:

To stipulate: LAW ON PROTECTION OF CHILDREN.


CHAPTER I

GENERAL PROVISIONS

Article 1

In this law the following meanings:

1. Child is someone who has not aged 18 (eighteen) years, including children who are still in the womb.

2. Protection of children is all activities to ensure and protect children and their rights in order to live, grow, develop, and participate, in an optimal fit with the dignity of humanity, and get protection from violence and discrimination.

3. The family is the smallest unit in society consisting of husband and wife, or husband and wife and son, or father and son, or mother and child, or blood relatives in a straight line upwards or downwards until the third degree.

4. Parents are the father and / or biological mother, or father and / or stepmother, or father and / or foster mother.

5. Guardian is a person or entity who in fact exercise power as a foster parent to child.

6. Neglected children are children who do not meet his needs fairly, either physically, mentally, spiritually, and socially.

7. Children with disabilities are children who have physical barriers and / or mental disabilities that interfere with growth and development in a fair.

8. Children with excellence is the children who have extraordinary intelligence, or have the potential and / or special talent.

9. Foster child is a child whose rights have been transferred from the power of the family environment of parents, legal guardian, or other person responsible for the care, education, and raising the child, into a family environment based on the adoptive parents or a court decision.

10. Child custody is the child who was raised by a person or institution, to be given guidance, maintenance, care, education, and health, because their parents or one parent is not able to guarantee a fair development of the child.

11. The power is the power of foster parents to nurture, educate, nurture, nurture, protect and nurture children in accordance with their religion and abilities, talents, and interests.

12. Children's rights are part of human rights must be guaranteed, protected and fulfilled by parents, families, communities, governments, and countries.

13. Communities are individuals, families, groups, and social organizations and / or community organizations.

14. Companion is a social worker who has professional competence in the field.

15. Special protection is given to child protection in emergency situations, children who deal with the law, children from minority and isolated groups, children who are economically and / or sexually trafficked children, children who are victims of substance abuse, alcohol, psychotropic drugs, and other addictive substances (drugs), child victims of abduction, sale, trafficking, child victims of physical violence and / or mental disabilities of children, and child victims of abuse and neglect.

16. Each person is an individual or corporation.

17. Government is the Government which includes the Central Government and Local Government.



CHAPTER II

PRINCIPLES AND OBJECTIVES

Article 2

Implementation of child protection is based on Pancasila and based on the Law of the Republic of Indonesia Year 1945 and the principles of the Convention on the Rights of the Child include:

a. non-discrimination;

b. the best interests of the child;

c. right to life, survival, and development; and

d. respect for the opinions of children.


Article 3

Child protection aims to ensure the fulfillment of children's rights in order to live, grow, develop, and participate optimally in accordance with the dignity of humanity, and get protection from violence and discrimination, in order to realize the quality of Indonesian children, morals, and welfare.



CHAPTER III

CHILD RIGHTS AND OBLIGATIONS

Article 4

Every child is entitled to can live, grow, develop, and participate fairly in accordance with the dignity of humanity, and get protection from violence and discrimination.


Article 5

Every child is entitled to a name as self-identity and citizenship status.

Article 6

Every child has the right to worship according to their religion, thought, and expression in accordance with the level of intelligence and age, in parental guidance.

Article 7

(1) Every child has the right to know his parents, raised, and nurtured by his parents own.

(2) If for some reason parents can not guarantee the development of the child, or children in squalor, the children are entitled to care for or be appointed as a foster child or adopted child by another person in accordance with the provisions of the legislation in force.

Article 8

Every child has the right to obtain medical care and social security in accordance with the needs of physical, mental, spiritual, and social.

Article 9

(1) Every child has the right to receive education and teaching in the context of personal development and level of intelligence in accordance with their interests and talents.

(2) In addition to the rights of children as referred to in paragraph (1), especially for children who have disabilities are also entitled to special education, while for children who have advantages are also eligible for special education.

Article 10

Every child has the right to express and be heard, receive, search, and provide information in accordance with the level of intelligence and age in order to develop themselves in accordance with the values of decency and propriety.

Article 11

Every child has the right to rest and leisure, get along with peers, play, recreation, and creative in accordance with their interests, talents, and level of intelligence for self-development.

Article 12

Every child is entitled to disability rehabilitation, social assistance and social welfare standard maintenance.

Article 13

(1) Every child in the care for a parent, guardian, or any other party responsible for the care, entitled to protection from harassment:

a. discrimination;

b. exploitation, both economic and sexual;

c. neglect;

d. cruelty, violence and abuse;

e. injustice; and

f. other abuses.

(2) In the event that parents, guardians or caretakers of children to all forms of treatment referred to in paragraph (1), the offender subject to penalty weighting.

Article 14

Every child has the right to own taken care of by their parents, unless there is a reason and / or valid legal rules indicate that the separation is in the best interests of the child and is the last consideration.

Article 15

Every child has the right to obtain protection from:

a. abuse in any political activity;

b. involvement in armed conflict;

c. involvement in social unrest;

d. involvement in events that contain elements of violence, and

e. involvement in the war.

Article 16

(1) Every child is entitled to protection from targeted persecution, torture, or the imposition of inhumane punishment.

(2) Every child has the right to obtain freedom in accordance with the law.

(3) The arrest, detention, imprisonment or criminal acts undertaken only if the child in accordance with applicable law and can only be done as a last resort.

Article 17

(1) Every child deprived of liberty are entitled to:

a. get treated humanely and their placement are separated from adults;

b. obtain legal assistance or other assistance effectively in every stage of efforts to applicable law; and

c. defend yourself and get justice before the court the child is an objective and impartial in the trial closed to the public.

(2) Any children who are victims or perpetrators of sexual violence or dealing with the legal right to be kept secret.

Article 18

Any children who are victims or perpetrators of crime are entitled to legal aid and other assistance.

Article 19

Every child is obliged to:

a. respect for parents, guardians, and teachers;

b. loving family, society, and loving friends;

c. loved homeland, nation and state;

d. pilgrimage in accordance with the teachings of his religion; and

e. ethical conduct and a noble character.


CHAPTER IV

LIABILITIES AND RESPONSIBILITIES


Part One

General


Article 20

State, government, communities, families, and parents are obliged and responsible for the implementation of child protection.


Part Two

Obligations and Responsibilities
State and Government

Article 21

Countries and governments are obliged and responsible to respect and guarantee the rights of every child regardless of race, religion, race, class, gender, ethnicity, culture and language, the legal status of children, child birth order, and physical condition and / or mental.

Article 22

Countries and governments are obliged and responsible to provide support facilities and infrastructure in the administration of child protection.

Article 23

(1) State and the government guarantee the protection, maintenance, and welfare of the child with due regard to the rights and obligations of a parent, guardian, or other person legally responsible for the child.

(2) State government and oversee the implementation of child protection.

Article 24

State and government guaranteed the right of children to use in expressing an opinion in accordance with the age and level of intelligence of children.


Part Three

Obligations and Responsibilities of Community

Article 25

Obligations and responsibilities of society towards child protection activities carried out through the community's role in the administration of child protection.


Part Four

Obligations and Responsibilities
Family and Parents

Article 26

(1) Parents are obliged and responsible for:

a. nurture, nurture, educate, and protect children;

b. foster children in accordance with the abilities, talents, and interest; and

c. prevent the occurrence of marriage at the age of the children.

(2) If the parent does not exist, or not known to exist, or for some reason, unable to carry out obligations and responsibilities, the obligations and responsibilities referred to in paragraph (1) can be transferred to the family, which was conducted in accordance with the provisions of legislation and regulations.


CHAPTER V

CHILD STATUS

Part One

Child Identity


Article 27

(1) Identity of every child should be given since birth.

(2) The identity referred to in paragraph (1) set forth in the act of birth.

(3) Making the birth certificate is based on letters from people who witnessed and / or assist the birth process.

(4) In the event that the process of child birth is unknown, and his parents' whereabouts are unknown, the birth certificate for the child based on the testimony of people who find it.


Article 28

(1) Making a birth certificate is the responsibility of the government in its implementation was held as low as at the level of village / village.

(2) Making the birth certificate as referred to in paragraph (1) must be given no later than 30 (thirty) days from the date of filing the petition.

(3) Making the birth certificate as referred to in paragraph (1) free of charge.

(4) Provisions concerning the procedures and the terms of the birth certificate as referred to in paragraph (1), regulated by legislation.


Part Two

Children Born of
Intermarriage


Article 29

(1) In case of mixed marriages between Indonesian citizens and foreign citizens, children born of such marriages are entitled to citizenship of the father or mother in accordance with the provisions of the legislation in force.

(2) In the event of divorce from the marriage referred to in paragraph (1), the child has the right to vote or based on court decisions, are in the care of one of both parents.

(3) In the event of divorce as referred to in paragraph (2), while children may not be able to make choices and her mother's nationality of the Republic of Indonesia, in the best interests of children or at the request of his mother, the government is obliged to take care of the citizenship status of the Republic of Indonesia for the child.


CHAPTER VI

POWER ASUH

Article 30

(1) In the case of a parent referred to in Article 26, dereliction of duty, may be taken against the power of supervision or foster parents may be revoked.

(2) Measures of parental supervision or revocation of parental authority as referred to in paragraph (1) is done through a court warrant.

Article 31

(1) A parent, sibling, or relative up to the third degree, can apply to court to obtain a court determination on the revocation of power of the foster parents or to supervise if there is good reason for it.

(2) If one parent, sibling, or relative up to the third degree, unable to perform its function, then the revocation authority foster parent as defined in paragraph (1) can also be submitted by the competent authority or other agency that has authority for it.

(3) Determination of the courts referred to in paragraph (1) may appoint an individual or government agencies / communities to become guardians for the question.

(4) Persons who carry out child care as referred to in paragraph (3) must be of the same religious affiliation of children who will fosterage.

Article 32

Determination of the courts as in ¬ intent of Article 31 paragraph (3) at least contain the following provisions:

a. decided not blood relations between child and biological parents;

b. not eliminate the obligation to make a living parent her child, and

c. revocation deadline.


CHAPTER VII

Guardianship

Article 33

(1) In the event that the child's parents are not legally competent, or not known residence or whereabouts, then the person or legal entity eligible to be appointed as guardian of the child.

(2) To be the guardian of the child as referred to in paragraph (1) is done through a court warrant.

(3) Trust designated as referred to in paragraph (2) his religion must be the same with the child's religion.

(4) For the purposes of the child, the guardian as referred to in paragraph (2) shall manage the property of the child.

(5) Provisions regarding the requirements and procedures for the appointment of a guardian as defined in paragraph (1) shall be further regulated by Government Regulation.


Article 34

Guardian appointed under a court warrant, as referred to in Article 33, may represent the child to engage in legal actions, both inside and outside the court for the best interests of the child.

Article 35

(1) In the event that children do not get a court warrant on the guardian, the child's property can be maintained by the Heritage Center or other agencies that have authority for it.

(2) Heritage Center or other institution referred to in paragraph (1) act as guardian supervisor to represent the interests of the child.

(3) Arrangement of the property referred to in paragraph (1) and paragraph (2) must have the determination

Article 36

(1) In the event that a guardian appointed in the future was not legally competent or abusing his authority as guardian, the ward status revoked and another person appointed as guardian by a court warrant.

(2) In the event the guardian dies, another person as a guardian appointed by a court warrant.



CHAPTER VIII

PARENTING CHILDREN AND APPOINTMENT


Part One

Child Care

Article 37

(1) Parenting children is addressed to children whose parents are unable to guarantee growth and development of their children fairly, either physically, mentally, spiritually, and socially.

(2) Care of children referred to in paragraph (1) conducted by the institution that has the authority to do so.

(3) In the case of institutions referred to in paragraph (2) based on religion, children must be cared for the same religion with the religion that became the foundation institution concerned.

(4) In the case of child care done by institutions that are not based on religion, then the implementation of child care must consider the religious affiliation of the child.

(5) Care of children by the institutions can be done inside or outside the Social Institution.

(6) Individuals who wish to participate can be through the institutions referred to in paragraph (3), subsection (4), and subsection (5).

Article 38

(1) Parenting children referred to in Article 37, held without distinction of race, religion, race, class, gender, ethnicity, culture and language, the legal status of children, child birth order, and physical condition and / or mental.

(2) Care of children referred to in paragraph (1), held through its guidance, maintenance, care, and education on an ongoing basis, as well as by providing financial assistance and / or other facilities, to ensure optimal development of the child, whether physical, mental , spiritual or social, without affecting the child's religion.


Part Two

Appointment of Children

Article 39

(1) The appointment of a child can only be done for the best interests of the child and is based on local custom and the provisions of the legislation in force.

(2) The appointment of the child referred to in paragraph (1), no blood relationship between the child decide who shall be appointed and his biological parents.

(3) Prospective adoptive parents must co-religionists with the religion professed by the prospective adoptive child.

(4) The appointment of children by foreign citizens can only be done as a last resort.

(5) In the case of children of unknown origin, the religion of the child adjusted to the religion of the majority of local residents.

Article 40

(1) The adoptive parents must distinguish ¬ ritahukan to foster children about their origins and biological parents.

(2) Notification of the origin and biological parents referred to in paragraph (1) conducted with due regard to the readiness of the child.

Article 41

(1) Government and the people doing the guidance and supervision of the implementation of child adoption.

(2) The provisions concerning the guidance and supervision as referred to in paragraph (1) regulated by Government Regulation.


CHAPTER IX

IMPLEMENTATION OF PROTECTION

Part One

Religion

Article 42

(1) Each child gets protection to worship according to his religion.

(2) Before a child can determine the choice, the religion which embraced children follow the religion of their parents.

Article 43

(1) State, government, community, family, parents, guardians, and social institutions ensure the protection of children in his faith.

(2) Protection of children in his faith as referred to in paragraph (1) includes coaching, mentoring, and practice of religious teaching for children.


Part Two

Health

Article 44

(1) The Government shall provide facilities and menyeleng-run movement for genuine comprehensive health efforts for children, for every child to obtain an optimal level of health in the womb.

(2) Provision of facilities and implementation of comprehensive health effort referred to in paragraph (1) supported by the role of the community.

(3) comprehensive health care efforts referred to in paragraph (1) includes efforts to promotive, preventive, curative, and rehabilitative, both for basic health services or referrals.

(4) a comprehensive health care efforts referred to in paragraph (1) held free of charge for families who can not afford.

(5) Implementation of the provisions referred to in paragraph (1), subsection (2), paragraph (3), and paragraph (4) conform with legislation and regulations.

Article 45

(1) Parents and families are responsible for maintaining the health of children and caring for the child in the womb.

(2) In the event that parents and families who are unable to carry out ¬ pliers responsibility referred to in paragraph (1), then the government must fulfill.

(3) The obligation referred to in paragraph (2), implementation is done in accordance with the provisions of the legislation in force.

Article 46

State, government, families, and parents must work to make children born to avoid the diseases that threaten the survival and / or cause disability.

Article 47

(1) State, government, families, and parents must protect children from efforts to transplant their organs to others.

(2) State, government, families, and parents must protect children from acts:

a. removal of organs of children and / or tissue of children without regard to the health of children;

b. buying and selling of organs and / or tissue of children; and

c. health research that uses children as objects of study without permission from their parents and do not prioritize the best interests of the child.


Part Three

Education

Article 48

The government must hold the basic education at least 9 (nine) years for all children.

Article 49

State, government, families, and parents are required to provide an opportunity ¬-width to the child to education.

Article 50

Education referred to in Article 48 is aimed at:

a. development of attitude and ability ¬ ladies child's personality, talents, mental and physical abilities to achieve their optimal potential;

b. development of respect for human rights and fundamental freedoms;

c. development of respect for ¬ dap parents, cultural identity, language and its own values, national values in which children live, where children come from, and civilizations different from our own;

d. preparing the child for responsible life, and

e. development of respect and love for the environment.

Article 51

Children with physical disabilities and / or mental disabilities are given equal opportunities and accessibility for regular education and special education.

Article 52

Children who have the advantage of given opportunities and accessibility for special education.

Article 53

(1) Government is responsible for providing education and / or help free of charge or special service for children from underprivileged families, neglected children, and children who reside in remote areas.

(2) Accountability of government as set forth in paragraph (1) including also encourage people to take an active role.

Article 54

Children at home and school environment must be protected from acts of violence committed by teachers, school administrators or peers in your school or other educational institution.



Part Four

Social

Article 55

(1) The Government shall carry out maintenance and care of neglected children, both in institutions and outside agencies.

(2) The maintenance referred to in paragraph (1) can be done by public institutions.

(3) To organize pemeli ¬ ha ¬ raan and treatment of abandoned children, government agencies and public institutions, as referred to in paragraph (2), can conduct cooperation with various parties concerned.

(4) In the event that the implementation of maintenance and care as referred to in paragraph (3), monitoring conducted by the Ministry of Social Affairs.

Article 56

(1) Government in carrying out maintenance and care required to seek and help children, so children can:

a. participate;

b. freedom of opinion and thought in accordance with conscience and religion;

c. free to receive oral or written information according to age and stage of child development;

d. freedom of association and assembly;

e. free to rest, play, recreation, creative, and works of art and culture; and

f. acquire the means to play a qualified health and safety.

(2) The effort referred to in paragraph (1) was developed and adjusted for age, the child's ability level, and environment so as not to hamper and interfere with child development.

Article 57

In the case of abandoned children for some reason his parents neglect their obligations, the institution referred to in Article 55, family, or the authorized officer may apply to court to establish the child as a neglected child.

Article 58

(1) The determination of the court referred to in Article 57 also stipulates the shelter, maintenance, and care of neglected children in question.

(2) The government or institution that is authorized shall provide a place referred to in paragraph (1).


Part Five

Special Protection

Article 59

Government and other state agencies are obliged and responsible to provide special protection to children in emergency situations, children who deal with the law, children from minority groups and isolated, economically exploited children and / or sexually trafficked children, children who are victims of abuse narcotics, alcohol, psychotropic and other addictive substances (drugs), child victims of abduction, sale and trafficking, child victims of physical violence and / or mental disabilities of children, and child victims of abuse and neglect.

Article 60

Children in emergency situations as referred to in Article 59 shall consist of:

a. children who become refugees;

b. child victims of violence;

c. child victims of natural disasters; and

d. children in situations of armed conflict.

Article 61

Special protection for children who became refugees as defined in Article 60 letter a carried out in accordance with the provisions of humanitarian law.

Article 62

Special protection for child victims of violence, disaster victims, and children in situations of armed conflict as defined in Article 60 b, c, and d, is carried out through:

a. fulfillment of basic needs consisting of food, clothing, shelter, education, health, learning and recreation, security, and equality of treatment; and

b. special needs for children who have disabilities and children who experience psychosocial disorders.

Article 63

Each person is prohibited from recruiting or manipulate children for military purposes and / or other and let the children without the protection of life.

Article 64

(1) Special protection for children who are dealing with the law referred to in Article 59 include children in conflict with the law and child victims of crime, an obligation and responsibility of government and society.

(2) Special protection for children who are dealing with the law referred to in paragraph (1) be implemented through:

a. humane treatment of the child in accordance with the dignity and rights of children;

b. provision of special assistant officer since early childhood;

c. provision of special facilities and infrastructure;

d. imposition of appropriate sanctions for the best interests of the child;

e. continuous monitoring and recording of child development that deal with the law;

f. granting of guarantees to maintain relationships with parents or family; and

g. protection of identity through mass media coverage and to avoid labeling.

(3) Special protection for children who are victims of criminal acts as referred to in paragraph (1) be implemented through:

a. rehabilitation efforts, both within institutions and outside agencies;

b. the protection of identity through mass media coverage and to avoid labeling;

c. providing safety assurance for victim witnesses and expert witnesses, whether physical, mental, and social; and

d. providing accessibility to get information about the progress of the case.

Article 65

(1) Special protection for children from minority groups and isolated as referred to in Article 59 is done through the provision of infrastructure and facilities to enjoy their own culture, to acknowledge and implement their own religion, and use his own language.

(2) Any person prohibited from hindering the child referred to in paragraph (1) to enjoy their own culture, recognizing and implementing the teachings of his religion, and use his own language without sacrificing access to the building of society and culture.

Article 66

(1) Special protection for children who are economically and / or sexual abuse referred to in Article 59 is an obligation and responsibility of government and society.

(2) Special protection for children who are exploited as mentioned in paragraph (1) is done through:

a. dissemination and / or dissemination provisions of legislation relating to the protection of children who are economically and / or sexual abuse;

b. monitoring, reporting, and penalties; and

c. involvement of various government agencies, companies, unions, nongovernmental organizations, and community in the elimination of economic exploitation of children and / or sexual.

(3) Any person prohibited from placing, let, make, sent to, or involved in the exploitation of children as referred to in paragraph (1).

Article 67

(1) Special protection for children who are victims of substance abuse, alcohol, psychotropic and other addictive substances (drugs) as referred to in Article 59, and engaged in the production and distribution is done through the efforts of surveillance, prevention, treatment, and rehabilitation by the government and society.

(2) Any person prohibited from knowingly placing, leaving, involving, ordering involving children in abuse, production and distribution of drugs referred to in paragraph (1).

Article 68

(1) special protections for child victims of abduction, sale and trafficking of children as referred to in Article 59 is done through the efforts of supervision, protection, prevention, treatment, and rehabilitation by the government and society.

(2) Any person prohibited from placing, let, make, sent to, or involved in the abduction, sale, or trade as defined in paragraph (1).

Article 69

(1) special protections for child victims of violence as defined in Article 59 include physical violence, psychological, and sexual abuse through the efforts:

a. dissemination and socialization of the provisions of laws and regulations that protect child victims of violence; and

b. monitoring, reporting, and penalties.

(2) Any person prohibited from placing, let, make, sent to, or involved in the violence referred to in paragraph (1).

Article 70

(1) Special protection for children who have disabilities as defined in Article 59 is done through the efforts:

a. children treated humanely in accordance with the dignity and rights of children;

b. fulfillment of specific needs; and

c. obtain the same treatment as other children to achieve social integration and individual development as fully as possible.

(2) Any person prohibited from treating children to ignore their views in a discriminatory, including labeling and equality in education for children with disabilities.

Article 71

(1) special protections for child victims of abuse and neglect as defined in Article 59 made through surveillance, prevention, treatment, and rehabilitation by the government and society.

(2) Any person prohibited from placing, leaving, involving, ordered in situations involving child abuse and neglect as defined in paragraph (1).


CHAPTER X

ROLE OF COMMUNITY

Article 72

(1) People are entitled to the broadest opportunity to play a role in child protection.

(2) The role of the community as referred to in paragraph (1) performed by an individual, child protection agencies, social agencies, nongovernmental organizations, educational institutions, religious institutions, enterprises and mass media.

Article 73

The role of the public carried out in accordance with the provisions of the legislation in force.


CHAPTER XI

INDONESIAN CHILD PROTECTION COMMISSION

Article 74

In order to improve the effectiveness of child protection, with this law formed the Indonesian Child Protection Commission is independent.

Article 75

(1) Membership of the Indonesian Child Protection Commission consisting of 1 (one) Chair, 2 (two) deputy chairman, 1 (one) secretary, and 5 (five) members.

(2) Membership of the Commission as referred to in paragraph (1) consists of representatives from government, religious leaders, community leaders, social organizations, community organizations, professional organizations, nongovernmental organizations, businesses, and community groups concerned with child protection.

(3) Membership of the Commission as referred to in paragraph (1) and paragraph (2) shall be appointed and dismissed by the President after receiving the consideration of the Board of Representatives of the Republic of Indonesia, for a term of 3 (three) years, and may be reappointed for 1 (one) time term of office.

(4) Further provisions regarding the completeness of the organization, working mechanism, and funding is set by Presidential Decree.

Article 76

Indonesian Child Protection Commission in charge:

a. to disseminate all the provisions of legislation relating to child protection, collect data and information, to receive public complaints, conduct the review, monitoring, evaluation, and oversight of the implementation of child protection;

b. provide reports, suggestions, feedback, and consideration to the President within the framework of child protection.


CHAPTER XII

CRIMINAL PROVISIONS

Article 77

Any person who willfully take action:

a. discrimination against children which resulted in children experiencing loss, both materially and morally so that impede social function; or

b. neglect against children which resulted in children experiencing pain or suffering, whether physical, mental, or social,

c. shall be punished with imprisonment of 5 (five) years and / or a maximum fine of Rp 100.000.000,00 (one hundred million rupiah).

Article 78

Everyone who knows and deliberately let the child in emergency situations as referred to in Article 60, children who deal with the law, children from minority groups and isolated, economically exploited children and / or sexual abuse, children trafficked, children who are victims of substance abuse , alcohol, psychotropic and other addictive substances (drugs), child victims of kidnapping, child victims of trafficking, or child victims of violence as defined in Article 59, when the child needs help and should be assisted, is punishable by a maximum imprisonment of five (5) years and / or a maximum fine of Rp 100.000.000,00 (one hundred million rupiah).

Article 79

Any person committing the adoption contrary to the provisions referred to in Article 39 paragraph (1), subsection (2), and paragraph (4), shall be punished with imprisonment of 5 (five) years and / or a maximum fine of Rp 100,000 .000,00 (one hundred million rupiah).

Article 80

(1) Every person who committed atrocities, violence or threats of violence or abuse against children, shall be punished with imprisonment of 3 (three) years of 6 (six) months and / or a fine of USD $ 72,000,000.00 (seventy two million rupiah).

(2) In the case of children as referred to in paragraph (1) serious injury, the offender shall be punished with imprisonment of 5 (five) years and / or a maximum fine of Rp 100.000.000,00 (one hundred million rupiah).

(3) In the case of children as referred to in paragraph (2) death, the offender shall be punished with imprisonment of 10 (ten) years and / or a fine of USD $ 200,000,000.00 (two hundred million rupiahs).

(4) Criminal plus one third of the provisions referred to in paragraph (1), subsection (2), and paragraph (3) if those who do abuse their parents.

Article 81

(1) Any person who intentionally commit violence or threats of violence forced the children to do sexual intercourse with him or with another person, is punishable by a maximum imprisonment of 15 (fifteen) years and a minimum 3 (three) years and a maximum fine of Rp 300,000. 000,00 (three hundred million rupiah) and at least USD $ 60,000,000.00 (sixty million rupiahs).

(2) The penal provisions referred to in paragraph (1) applies also to any person who deliberately ruse, a series of lies, or persuade a child to do intercourse with him or with anyone else.

Article 82

Any person who intentionally commit violence or threats of violence, force, performing tricks, a series of lies, or persuade a child to do or let be obscene acts, shall be punished with imprisonment of 15 (fifteen) years and a minimum 3 (three) years and a fine of USD $ 300,000,000.00 (three hundred million rupiah) and at least USD $ 60,000,000.00 (sixty million rupiahs).

Article 83

Every person that trade, sell, or kidnap children for themselves or to sell, is punishable by a maximum imprisonment of 15 (fifteen) years and a minimum 3 (three) years and a fine of USD $ 300,000,000.00 (three hundred million rupiah) and at least USD $ 60,000,000.00 (sixty million rupiahs).

Article 84

Any person who unlawfully perform organ transplants and / or tissue of the child to another party with the intent to benefit himself / herself or another person, is punishable by a maximum imprisonment of 10 (ten) years and / or a maximum fine of Rp 200,000,000, 00 (two hundred million rupiahs).

Article 85

(1) Any person who trade in human organs and / or tissue of children shall be punished with imprisonment of 15 (fifteen) years and / or a fine of USD $ 300,000,000.00 (three hundred million rupiahs).

(2) Any person who unlawfully perform the removal of organs and / or tissue of children regardless of child's health or medical research that uses children as objects of study without the permission of a parent or do not prioritize the best interests of the child, shall be imprisoned maximum of 10 (ten) years and / or a fine of USD $ 200,000,000.00 (two hundred million rupiahs).

Article 86

Any person who knowingly using deception, a series of lies, or persuade a child to choose another religion instead of his own volition, but are known or reasonably suspected that the child is not intelligent and has not held responsible in accordance with their religion shall be punished with imprisonment of at most 5 (five) years and / or a maximum fine of Rp 100.000.000,00 (one hundred million rupiah).

Article 87

Any person who unlawfully recruit or manipulate children for military purposes referred to in Article 63 or misuse in any political activity or involvement in armed conflict or involvement in social unrest or involvement in the events that contain elements of violence or involvement in the war as referred to in Article 15 shall be punished with imprisonment of 5 (five) years and / or a maximum fine of Rp 100.000.000,00 (one hundred million rupiah).

Article 88

Every person that economic or sexual exploitation of children with the intent to benefit himself / herself or another person, is punishable by a maximum imprisonment of 10 (ten) years and / or a fine of USD $ 200,000,000.00 (two hundred million rupiahs).

Article 89

(1) Any person who knowingly placing, leaving, involving, ordering involving children in abuse, production or distribution of narcotics and / or psychotropic substances shall be punished by death or life imprisonment or imprisonment of 20 (twenty) years and criminal imprisonment of at least 5 (five) years and a maximum fine of Rp 500.000.000,00 (five hundred million rupiah) and at least USD $ 50,000,000.00 (fifty million rupiah).

(2) Any person who knowingly placing, leaving, involving, ordering involving children in abuse, production, or distribution of alcohol and other addictive substances shall be punished with imprisonment of 10 (ten) years and a minimum of 2 (two) years and a fine maximum of USD $ 200,000,000.00 (two hundred million rupiah) and a minimum fine of Rp 20.000.000,00 (twenty million rupiah).

Article 90

(1) In the case of criminal acts as referred to in Article 77, Article 78, Article 79, Article 80, Article 81, Article 82, Article 83, Article 84, Article 85, Article 86, Article 87, Article 88 and Article 89 do by the corporation, the penalty can be imposed to the management and / or corporate.

(2) The penalties imposed on corporations only to the provisions of the criminal penalty imposed penalty plus 1 / 3 (one third) of each criminal penalties referred to in paragraph (1).


CHAPTER XIII

TRANSITIONAL PROVISIONS

Article 91

At the time of enactment of this law, all legislation relating to the existing child protection remain valid as long as not contrary to this law.


CHAPTER XIV

FINAL PROVISIONS

Article 92

At the time of enactment of this law, no later than 1 (one) year, Indonesian Child Protection Commission has been formed.

Article 93

This Law shall come into force on the date of promulgation.

For every person to know, ordered enactment of this Act with the State Gazette of the Republic of Indonesia.





Ratified in Jakarta
on October 22, 2002

PRESIDENT OF THE REPUBLIC OF INDONESIA

Signed.

Megawati Sukarnoputri

Promulgated in Jakarta
on October 22, 2002

SECRETARY OF STATE OF THE REPUBLIC OF INDONESIA

Signed.

Bambang Kesowo



REPUBLIC OF INDONESIA YEAR 2002 NUMBER 109

Accordance with the original copies

SECRETARIAT Cabinet RI

Head of legislation II. Selengkapnya...