Abstract
This paper aims to compare child protection law between Indonesia and Malaysia especially in terms of family law (marriage), child definition and age limit, as well as other foundational principles. Content analysis method of a variety of relevant references is used and a comparative approach to child protection law in Indonesia and Malaysia is taken. There are many similarities between child protection law in Malaysia and Indonesia, in which both systems specify the state, family, and parents responsibilities towards children. Also specified are handling of child’s position, guardianship, rearing, adoption, religion, and abandonment. In addition, special protection such as maintenance, recovery, custody, care, investigation, nursing, education, prevention of economic exploitation, prevention of sexual abuse, prevention of child torture, and disability treatment are also included. This paper concludes that in Malaysia child protection law has been fully synthesised in Children Act of 2001 (Act 611), while in Indonesia child protection law is scattered in a number of laws related to children including the Child Protection Law.
Highlights
Children’s rights are part of human rights as contained in Article 28 B Clause (2) Second Amendment of 1945 Foundational Law (UndangUndang Dasar 1945 – UUD45) in which “every child deserves to live, grow, and develop, protected from violence and discrimination.”Implementation of child protection in Indonesia is based on Pancasila and UUD 45 as well as United Nation Children’s Right Convention comprising foundational principles such as children’s non-discrimination, best interest, right to live, right to grow and develop, and right to opinion being heard and valued.To position children’s right in a legal system is to depict a fundamental aim of life
This paper aims to compare child protection law between Indonesia and Malaysia especially in terms of family law, child definition and age limit, as well as other foundational principles
This paper concludes that in Malaysia child protection law has been fully synthesised in Children Act of 2001 (Act 611), while in Indonesia child protection law is scattered in a number of laws related to children including the Child Protection Law
Summary
Recommended Citation Jauhari, Iman (2014) "A COMPARISON OF CHILD PROTECTION LAW BETWEEN INDONESIA AND MALAYSIA," Indonesian Journal of International Law: Vol 12 : No 1 , Article 5. This Article is brought to you for free and open access by UI Scholars Hub. This Article is brought to you for free and open access by UI Scholars Hub It has been accepted for inclusion in Indonesian Journal of International Law by an authorized editor of UI Scholars Hub. Yo ho ho and a bucket of cash : The need to enchance regional effort to combat piracy
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