Restorative Justice - Child Protection

Child Protection

   Understanding Child Protection

       In Act No. 23 of 2002 on Child Protection is defined as all activities to ensure and protect children and their rights in order to live , grow, develop and participate optimally in accordance with human dignity and to protection from violence and discrimination .

      Thus in essence the child must be protected because the child has a very high dependency on the whole child protection providers , namely the parents , families , communities , governments and the state . of course, each has a different role and function , in which the overall interconnected to each other under the terms of the protection of the umbrella .

      Child protection is an effort to create the conditions that protect the child in order to carry out their rights and obligations . Based on the concept of parens patriae , the state provides care and protection as befits the parents to their children , the treatment of children in conflict with the law made ​​by kepantingan best for the child and based on the values ​​of Pancasila .

       Legal safeguards for children is certainly not enough to simply prepare a legal substance ( legal substance ) but also need to be supported by the establishment of legal structures ( legal structure) and the culture of law ( legal culture) which involves all components of both elements of bureaucrats as policy makers, law enforcement , communities , NGOs , and individuals who are interested in the problem child .

      All matters relating to the child would be wise if we talk about the rights of the obligations . Arief Gosita see child protection as a joint activity aimed at seeking security , procurement , and fulfillment of spiritual and physical welfare of the child in accordance with the interests and human rights .

       Treatment for children who are oriented towards the protection and fulfillment of the rights of the child is already an obligation for all components of the nation's foremost law enforcement officials as mandated by Law No. 3 of 1997 on Juvenile Justice and Law No. 23 Year 2002 on Child Protection . The law is the guarantee of the implementation of children's rights in the legal field .

      Children as individuals who are minors must obtain necessary legal protection / yuiridis ( legal protection ) in order to secure its interests as a member of the law society 's protection includes protection of children based on those terms applicable laws governing juvenile justice , either as a suspect , accused or convicted .


   understanding Children

      Understanding children in general , the level usually associated with a person's age and mental condition . While the understanding of the child in the context of criminal law related to criminal responsibility in the sense of how far a child under a certain age limit be able to account for actions ( criminal ) it.

      In positive law in Indonesia as a child interpreted minors ( minderjarig / person under age) , people under age / circumstances under age ( underjarig heid / inferiority ) or bias referred to as children who are under the supervision of the guardian ( minderjarige under voordij ) .

      Understanding the child if we further review the terms of chronological age by law can vary depending on the place , time , and for what purposes . It will also affect the restrictions that are used to determine the child's age restrictions .

      According to Article 1 ter Maatregelen beperking van de kinder arbeie en de naclit arbeid van de Vrouwen given that the definition of a child is :
" Children under the age of fourteen years ( 1949 Nr 8 Stbl change twelve to fourteen ) should not be carrying out the work between eight o'clock and five o'clock in the morning , in or to a company " .
Of these provisions can be understood that the definition of child under Maatregelen is a man or woman who is less than fourteen years .
Elizabeth B Harlock classify stages of a person's age is associated with a person's soul perkambangan into 4 parts:· Children , a person under the age of 12 years .· Pre- teens , a man aged between 12 years to 14 years .· Teens , a man aged between 14 years to 18 years .· Adult , one over the age of 18 years .

      Singgih Gunarso classify stages of age was associated with mental development of the child into 5 sections namely ;
· Child, one under the age of 12 years .· Early Teens , a man aged between 12 years to 14 years .· Youth is full , a man aged between 15 years to 17 years .· Young adults , a man aged between 17 years to 20 years .· Adult , a man aged over 21 years .

                                                                                   
       Children's Rights

      At the General Assembly of the United Nations ( UN ) dated 20 November 1959 mengsahkan Declaration on the rights of children . In this Declaration contains ten principles of children's rights , namely :
a. Child shall enjoy all the rights according to the provisions contained in this Declaration . Every child should be guaranteed an exception Tenpa their rights regardless of race , color , sex , language , religion , political opinion , nationality , social rank , rich and poor , birth or other status yabg good there is in him and to his family .
b . Children are entitled to special protection and should have an opportunity that is guaranteed by law and by other means in order to make it able to develop themselves physically , mentally , morally , spiritually and socially in a healthy situation , in accordance with the normal freedom and dignity . Pouring it into a legal purpose in the best interests of the child should be the primary consideration .
c . Eligible children from birth to a name and nationality .
d . Child and must be guaranteed the right to community to grow and develop in a healthy manner . For this both before and after his birth there should be special care and protection for children and their mothers . Children are entitled to adequate nutrition , housing , recreation and health care .
e . Children who are physically disabled , mental and social position due to certain circumstances should be getting an education , care and treatment .
f . In order for the child's personality grows optimally and harmoniously , it requires compassion and understanding . As far as possible it should be brought up under the care and responsibility of the parents themselves , and however should attempt to remain in a loving atmosphere , sound mind and rohani.anak under 5 years of age is not allowed apart from his mother . Communities and government authorities are obliged to provide special care to children who do not have a family and to children who do not mampu.diharapkan government or other parties providing financing assistance to children who come from large families .
g . Children are entitled to education free and compulsory at least at the elementary school level . They should get the protection that can improve general knowledge and that allows , on the basis of equal opportunity to develop his abilities and his personal views of moral and social responsibility so that they become useful members of society . Interests of the child shall be a guide for those responsible for the education and guidance of children who bersangkutan.pertama - tana that responsibility lies on their parents . child should get the opportunity to play freely and recreation are geared for educational purposes . Communities and government authorities shall seek to promote the implementation of these rights .
h . Under no circumstances should children take precedence in receiving protection and assistance .
i . Children must be protected from all forms of neglect , abuse , exploitation . He should not be the subject of trade . Children are not allowed to work before a certain age , she should not be involved in work that is detrimental to health and education and that can affect the development of body , soul and moral .
j . Children must be protected from acts that lead to discrimination in the form of social , religious , and other forms of discrimination . They should be brought up in the spirit of full understanding, tolerance and friendship among peoples , peace and universal brotherhood to the full realization that energy and talents should be devoted to any human being .

 Children's rights in the criminal justice process is a result of interaction are interrelated and influence with others . Aspects of mental , physical , social , and economic is a factor that should be considered in developing children's rights .
To get a justice required a balance between rights and obligations . Similarly, the implementation of the rights and responsibilities of children who commit crimes need to get assistance and legal protection in order to achieve an expected justice .

 But that if it needs to be underlined is in treating children should pay attention to the situation , the physical and mental condition , kedaan social as well as the age at which the child's age at each level has different capabilities - beda.Kepastian law needs to be put in the continuity of child protection activities and prevent diversion that brings unwanted negative result in the implementation of child protection .
Factors - factors in the development of children's rights is :


a. The rationale that supports the Pancasila , the 1945 Constitution , religious teachings , the child's positive social value , norms ( Declaration of the rights of children , child Welfare Act )b . Growing awareness that children's problems are national problems that should be addressed as early as possible together intersectoral , interdisciplinary and interdepartmental .c . Counseling , coaching , education and the teaching of the children included in the Child Protection Act , child protection efforts and increased attention to the interests of the child .d . Government together with the community to expand real efforts in providing facilities for the protection of children .

 Inhibiting factors in the development effort of children's rights in criminal justice :

 a. Lack of proper understanding of the business coaching , supervision and prevention which is a manifestation of child protection efforts .b . Lack of legal conviction that the problem child is a national problem that must be dealt with because it is a national responsibility .


      Enforcement issues of child rights and child law is basically the same as a law enforcement issue as a whole . Therefore the implementation of the child's legal problems are influenced by several factors , namely :
a. Legal regulations , the laws and regulations governing the particular legal issues . In this case the legal rules governing the issue of children's rights with respect to :
1 ) How to establishment of constituent and juridical terms .2 ) The material is whether the law has been in accordance with the spirit , values ​​, principles or rules of law and legal sanctions .3 ) Regulation of the desired implementation need to be prepared to prevent a legal vacuum . Aperat the law enforcement officers or agencies of law relating to the ongoing process of law in society . In terms of law enforcement in Indonesia officials in charge of enforcing the law are known as chess dynasty .

b . Chess dynasty including the police ( investigating agency ) , attorney ( prosecutor institutions ) , judges ( judiciary ) and attorney or advokad . To uphold children's rights and child law , legal disputes that hit Indonesia the limited ability of law enforcement who understand children and children's rights , education quality and craftsmanship of each law enforcement officers and the organization's ability to enforce the law and the rights of the child - the rights of children .

c . Legal culture of society , the social structure and cultural views held and believed in upholding the law as a behavioral guideline daily hari.Masalah legal culture is an important issue in the Indonesian law enforcement concerning public confidence in the legal and law enforcement officials .

d . Community law , the law of the place of movement in daily life that include the extent to which adherence to the legal community , kepadulian communities to enforce law and order to get peace . In terms of enforcement of children's rights in the practice of everyday life , the child's legal guidelines for that bias only made ​​reference to guide how people act when problems are found the child .