Child Protection Research Articles

Law Enforcement of Cyber Pornography of Children on Social Media Based on Human Rights in Indonesia

Social media is beneficial as a medium of communication between users and users. Another advantage of social media is that it can expand relationships and knowledge. However, social media can be harmful if social media is used to damage, insult, and harass, which is why cyberporn emerged. Many children are perpetrators and victims of cyberporn on social media. This research aims to analyze cyberporn law enforcement on children on social media based on human rights in Indonesia. This research is normative research that looks at Legislation and cases. This research found that law enforcement in Indonesia is based on legal substance based on Law (U.U.) Number 19 of 2016 concerning Electronic Information and Transactions, Law No. 44 of 2008 concerning Pornography, Law No. 12 of 2022 concerning Crimes of Sexual Violence, the Criminal Code, and the Child Protection Law.

Responsiveness Family Law Reform in Indonesia and Tunisia (Study of Post-Divorce Child Custody

This study aims to explain the development of understanding of child custody after divorce, describe an overview of the provisions of child custody after divorce in Indonesia and Tunisia, explain the importance of applying the best interest of the child in post-divorce child custody decisions, and finally assess the responsiveness of child custody provisions after divorce in Indonesia and Tunisia. This research is a qualitative research, with a normative juridical approach. The main sources of data for this research are Law Number 1 of 1974 concerning Marriage jo. Law Number 16 of 2019, Compilation of Islamic Law and Code of Personal Status (CPS). Family law reform in Tunisia is more progressive in ensuring the law is responsive to social change and children's needs. On the other hand, Indonesia still faces challenges in integrating traditional values with modern legal principles. Both countries have the potential to learn from each other, especially in creating a more equitable and child-oriented legal system after divorce. Both countries offer flexibility in addressing social contexts, relationships between children and parents, and emotional needs. However, implementation varies between the two countries. Islamic law in Indonesia strongly influences child protection, while Tunisia's CPS reforms in the year focused on gender equality.

OPPORTUNITIES FOR IMPROVING SOCIAL SERVICES IN THE DEVELOPMENT OF THE CHILD RIGHTS PROTECTION PROGRAMME IN LIEPAJA

Since Latvia ratified the United Nations Convention on the Rights of the Child (1989), children's rights have been recognised as a priority and all decisions taken by the state and local authorities must be in the best interests of the child. In order to meet the requirements of Article 66 (1) of the Act on Protection of Children's Rights (1998), i.e. that the municipality shall analyse the situation in the field of respect for children's rights, develop and implement a programme for the protection of children's rights in the administrative territory of the district or republican city, it is necessary to carefully design the programme for the protection of children's rights in order to best meet the needs of children in the city of Liepaja. The study analyses the normative framework at the international and national levels, as well as conducts practical research to identify the most relevant social services for improving the protection of children's rights in Liepaja. The research methods used were document and literature analysis, focus group, expert interview and best practice case study.

Criminal Liability of Child Exploitation Through TikTok Live Streams in Orphanage Foundations (A Case Study of Decision Number 148/Pid.Sus/2024/PN Mdn)

The helplessness of children in protecting themselves provides opportunities for adults to exploit them. As in Decision Number 148/Pid.Sus/2024/PN Mdn, where the development of digitalization and social media trends, namely TikTok, was misused as a means of exploiting children in foster care. The perpetrators take advantage of children's vulnerability by having the child appear in TikTok live streaming to attract audience sympathy in order to get gifts that can be converted into money. This study aims to analyze the guarantee of legal protection for orphanage children as victims of exploitation and examine the criminal liability of the manager of the orphanage foundation in cases of child exploitation through TikTok live streaming. The normative juridical method with a statutory approach and a case approach is used in this research. The results show that orphanage children who are victims of exploitation are entitled to legal protection guarantees in the form of special protection, social rehabilitation, legal assistance, and supervision by empowerment institutions such as KPAI. The actions of the orphanage manager are proven to meet the requirements of criminal liability because they intentionally exploit for material gain, have the ability to be responsible, and without any excuse that can eliminate criminal responsibility.

Analysis On The Legal Certainty Of Constitutional Court Decision Number 46PUU-VIII2010 As Evidence In Resolving Cases Of Children Born Out Of Wedlock

This research aims to analyze the legal certainty of the Constitutional Court Decision Number 46/PUU-VIII/2010 regarding the legal status of children born out of wedlock. This decision regulates the recognition of rights for children born out of wedlock, who previously often did not receive adequate legal protection. The analysis is carried out by examining the implications of the decision on legal practices in Indonesia, including how the decision can serve as evidence in resolving disputes related to the legal status of children. Additionally, this research also examines the impact of the decision on the protection of children's rights, as well as the response of society and the government in supporting the implementation of the decision. The results of this analysis are expected to provide a better understanding of the role of the Constitutional Court in upholding legal certainty and the rights of children in the social and legal context of Indonesia. The method used in this research is a normative legal research method, which is applied to examine regulations related to the protection for children born out of wedlock under Constitutional Court Decision No. 46/PUU-VII/2010 is incomplete, as the decision requires DNA testing to establish paternity but lacks enforceable regulations to compel such testing. Despite its limitations, the decision reflects the state's effort to protect these children while encouraging compliance with marriage laws to create a more conducive legal environment.

Protecting the Vulnerable: Child Custody Adjudication in Domestic Violence Cases in Banyuwangi Religious Court

Domestic Violence (KDRT), which also often causes child custody disputes between two parents, is one of the many factors in divorce. Judges must consider the value of justice for each party when they decide a case. Building clear standards in assessing justice and dealing with social problems in the legal realm is difficult, especially when problems continue to arise in society, especially regarding child custody after divorce due to domestic violence. The method used in this research is empirical legal research, using legislative, conceptual, and legal psychology approaches. The results of this research are that the judge uses legal interpretation and legal principles based on Law Number 23 of 2002 article 2 letter b concerning Child Protection where" the appropriate hadhanah must be based on the child's interests and by with the case being handled. If the father is at fault here then the judge must also refer to the provisions of KHI Article 105 where the custody of a child who has not yet mumayyiz will fall into the hands of the mother by using the civil law principle of proof (burden of proof), judges sometimes face external obstacles in the form of community participation in providing testimony regarding facts in the field, but if the facts and If the required evidence exists and all the interests of the child have been considered, the determination will be easier without any legal constraints or obstacles.

Analisis Yuridis Faktor Terjadinya Perkawinan di Usia Dini

Marriage at an early age is a phenomenon that still occurs in various parts of the world, including Indonesia. This research aims to analyze the factors that cause marriage at an early age and its juridical implications based on applicable laws and regulations. The research method used is a qualitative approach with normative juridical analysis, which involves literature study and interviews with various parties, including community leaders, parents and teenagers. The research results show that the factors causing marriage at an early age include social pressure, cultural norms, poverty and lack of education. In addition, although Law no. 16 of 2019 has set a minimum age limit for marriage, implementation of the law still faces various challenges, such as community non-compliance and lack of socialization regarding these regulations. This research recommends the need to increase public education and awareness about the negative impacts of marriage at an early age as well as strengthening the role of child protection institutions in preventing this practice. In this way, it is hoped that a safer and more supportive environment for children's development can be created.

Fulfillment of Victims’ Rights to Handling Child Victims of Sexual Violence in Buleleng Regency

This research aims For analyze fulfillment of victims' rights in Handling case child victims of violence sexual in Buleleng Regency. With use approach juridical-empirical, this research explores implementation of the legal protection provided to child victims of violence sexual, as well as evaluate effectiveness mechanism handling carried out by the party authorities, including apparatus enforcer law and child protection institutions. The results of this study indicate that although there is adequate regulation, still there is constraint in implementation, such as limitations source Power humans and their lack mentoring psychological. This research is expected can become input for maker policy For increase efforts to protect and fulfill the rights of children who are victims of violence sexual.

Harmonisasi Lembaga Hukum Nasional dan Adat dalam Mengatasi Perkawinan Bawah Umur di Kabupaten Lingga

Marriage is everyone's right. However, the phenomenon that occurs is the practice of underage marriage, this also occurs in the indigenous community of the Orang Laut tribe in Lingga Regency. The aim of this research is to analyze the regulation of national law and customary law in dealing with underage marriage in the Orang Laut tribal community and to find a concept of legal harmonization that can resolve the practice of underage marriage. The research method used is empirical juridical. The type of data sourced from primary data is through observation and interviews as well as primary data. The basic theories used are the Theory of Legal Work and the Theory of Development Law. The results of the research state that there is a regulatory inconsistency between marriage law and child protection law. The marriage law allows for underage marriages by applying for dispensation, while Article 26 of the child protection law strictly stipulates that parents are obliged to prevent child marriages from occurring. And there is a culture of "reciprocation" which is the basis for the Sea People tribe to perpetuate the practice of underage marriage. In fact, marriages are only carried out through traditional ceremonies and according to their respective religions without applying for dispensation to the court. This means that the marriage carried out is only valid according to custom and religion and is not legally valid. Therefore, it is necessary to harmonize the law with an institutional approach in overcoming the phenomenon of underage marriage in the indigenous people of the Orang Laut tribe, Lingga Regency.

Образовательные потребности специалистов в области защиты детства в единой программе повышения квалификации

<p>The article is devoted to the analysis of educational needs of specialists in the field of protection of children's rights and interests. The purpose of the study is to identify the general and specific educational needs of specialists in the guardianship and guardianship of minors, the offices of the commissioners for children's rights, organizations for orphans and children left without parental care. The research methodology includes the analysis of data from the opinions of 446 respondents using frequency analysis and the Kraskel–Wallis criterion. The educational needs common to the groups were identified: knowledge about the forms of child rights protection, methods of identifying children's opinions, preventive work to prevent suicide and the psychology of deviant behavior. The similarity in the development of professional competencies is also shown: the ability to flexibly adapt to changing situations, the ability to interact with representatives of various departments and apply legal and psychological technologies in working with children and their families. The results of the study demonstrate the potential for developing a unified program that can effectively meet the needs of specialists in the context of legislative changes and social transformations.</p>

Principles of Child Protection in the National Criminal Code: Law Number 1 of 2023

The protection of children is a state responsibility based on the principles of the Convention on the Rights of the Child (CRC). As a member state, Indonesia ratified the Convention through Presidential Decree No. 36 of 1990. This study aims to analyze the implementation of child protection principles within the National Penal Code (Law No. 1 of 2023), referencing the four main pillars of the CRC: Non-Discrimination, the Best Interests of the Child, the Right to Survival and Development, and Child Participation. In this context, the author examines the application of these principles within various provisions of the Penal Code relevant to child protection. The analysis is conducted by categorizing these provisions based on the four main pillars of the CRC. This approach seeks to assess the extent to which the Penal Code aligns with international child protection standards while identifying potential inconsistencies that could harm children as legal subjects. By categorizing these provisions, the study aims to provide a deeper understanding of the integration of CRC principles into national criminal law and their implications for child protection in Indonesia. The results indicate that these principles have been incorporated into the Penal Code through specific provisions, particularly those concerning child protection. This reflects a national commitment to safeguarding children as a vulnerable group and ensuring their rights are fulfilled in accordance with international standards.

Online Sexual Abuse of Children in Nigeria

The advent of technology has brought about unprecedented opportunities for communication and access to information which has helped in professional skills development, fostering learning, research and creativity. It has also created an avenue for criminals to exploit the ‘vulnerable’ in the society, particularly the children; thus, making the cyber space unconducive for them. This paper examines the legal protection of children against online sexual exploitation and abuse in Nigeria. It identifies the various types of online child sexual abuse, examines the legal framework for the protection of children against online sexual abuse, pinpoints the challenges associated with the legal framework and proffers durable solutions that will help tackle the exponential growth in online child sexual abuse in Nigeria. This paper adopts a mixed method research design and finds that there is significant increase in online child sexual abuse in Nigeria in spite of the laws and institutions in place to address this problem. Additionally, it is revealed that the legal framework for the protection of children against online child sexual abuse in Nigeria is fraught with deficiencies. The paper concludes that Nigeria owes the obligation to protect its children from online child sexual abuse and needs to take proactive steps to ensure this. The paper recommends that measures be taken to ensure that perpetrators of the heinous crime of online child sexual abuse are brought to book to serve as deterrents to others in the society.

Criminal Policy on Prevention of Child Exploitation in the Form of Donation Requests through the TikTok Platform

The development of digital technology, especially the TikTok social media platform, has created new loopholes for child exploitation, one of which is through the practice of requesting donations involving orphanage children. This study aims to analyze the causal factors of child exploitation on TikTok Media. Using a normative legal research method with a legislative approach and a conceptual approach, this study analyzes various legal instruments related to child protection and examines preventive efforts outside the realm of criminal law. The results of the study indicate that although criminal law instruments are available through Law No. 35 of 2014 concerning Child Protection, it is necessary to strengthen non-penal policies through multi-party collaboration between the government, social media platforms, and the community to create a more comprehensive child protection system in the digital era.

THE BEST INTERESTS OF THE CHILD FROM AN ADULT PERSPECTIVE (A Case Study on Child Marriage Dispensation Cases at the Sukadana Religious Court)

This study examines how the child's best interests principle is applied in child marriage dispensation cases at the Sukadana Religious Court, emphasizing the contrasting viewpoints of applicants (parents or guardians) and judges. This topic is significant due to the high prevalence of child marriages at the Sukadana Religious Court, which frequently leads to various adverse effects on children's development. This research employs a qualitative approach combining normative and empirical methods, utilizing a case study framework. It includes an analysis of decisions from the Sukadana Religious Court, in-depth interviews with judges, and a review of case applicants. The results reveal that applicants and judges have yet to apply the child's best interests principle fully. Second, the applicants tend to focus on quick solutions to social, moral, or cultural pressures, such as out-of-wedlock pregnancies, premarital sexual relations, or concerns about family shame. Third, judges adopt a normative approach by assessing the child and their partner's physical, psychological, and financial readiness. However, they often prioritize solutions to the urgent situations presented by the applicants. The study concludes that strengthening the implementation of the child's best interests requires stricter regulations in decision-making, offering pre-marriage education and awareness programs on children's rights, and improving judges' competencies. This study recommends collaboration between the courts, educational institutions, and community organizations to strengthen public understanding of the child's best interests as the primary principle in child protection.

Actioning children’s rights in out-of-home care in NSW: A focus on the right of family connection

In Australia, children’s rights are incorporated in standards that must be met by institutions and organisations that care for, educate and/or provide services to children and young people. Organisations that provide out-of-home care (OOHC) must also meet rights-based standards to receive and maintain accreditation by state and territory bodies with statutory parental authority. As OOHC casework practitioners, we regard upholding or, better, actioning rights as the core basis and moral justification of casework with and for children and young people in OOHC. At the same time, we are aware of and witness the painful and ongoing legacy of statutory casework practice and its negative impacts on the rights of children, young people and their families. The genesis of this commentary was an invitation to the lead author to present at the Children, Trauma and the Law conference in 2023. The purpose of the presentation was to highlight for a non-caseworker audience the relational dynamics and time involved when actioning, or giving effect to, the rights of children and young people in OOHC. The presentation drew on the author’s experience of casework practice in government and non-government OOHC organisations in NSW and provided three examples of rights-based casework practice. In this commentary, we develop the rights-based themes of that presentation. We describe a national consensus that the rights of children and young people in OOHC must be prioritised. We also set out key aspects of the most important reviews of OOHC in NSW in the last two decades and return to the three casework practice examples in the original presentation. In our view, the national consensus and these reviews have shaped contemporary casework practice in NSW for the better. In particular, the attention and efforts of OOHC organisations and their caseworkers are now more attuned to a right of family connection and the impacts of family separation. This brings a more empathetic and historically informed perspective to OOHC casework practice and, in so doing, a stronger focus on the rights of children, young people and families who are in contact with the child protection system, and its twin, the OOHC sector.

Application of Participation (Deelneming) in the Crime of Mistreatment of A Child (Case Study of Decision Number 4/PID.SUS-ANAK/2023/PN JKT.SEL)

This study analyzes the application of participation theory (deelneming) in child assault cases under Indonesian law, focusing on whether participation in such criminal cases aligns with the principles of criminal law in Indonesia. The research uses a descriptive juridical-normative approach, examining statutory regulations (statute approach) and case law (case approach), specifically the Child Protection Law and the consideration of the panel of judges in Decision No. 4/Pid.Sus-Anak/2023/PN Jkt. Sel. The findings show that the application of participation theory in the case involving AGH, a minor who was involved in organizing the meeting that led to the criminal act, aligns with the principles of child criminal responsibility in Indonesian law. Despite not directly committing physical violence, AGH’s role as an organizer and liaison in the planning of the crime fulfills the elements of participation under Article 55 of the Criminal Code, making him accountable for the offense. Additionally, the application of rehabilitative punishment through sentencing in a Juvenile Detention Center (LPKA) is consistent with the objectives of the Indonesian juvenile justice system. AGH is given the opportunity to receive guidance appropriate to his age and psychological development, in line with the principles of reformation and restorative justice emphasized in Article 71 of Law No. 11 of 2012 on the Juvenile Criminal Justice System. The focus on rehabilitation and education, rather than mere punishment, aims to reintegrate the child into society in a positive and productive manner. In conclusion, while AGH was involved in the crime of maltreatment, the legal process has appropriately considered rehabilitation, ensuring that the legal response aligns with the principles of juvenile criminal law in Indonesia.

BULLYING – PROBLEMS OF RECOGNITION AND FIGHTING THE PHENOMENON

Bullying is aggressive, repeated and intentional behavior that occurs within unequal power relations and can have serious consequences for children's health and well-being. It is important that every child is protected against bullying and has adequate support and resources to deal with it. Child protection against bullying involves an integrated action by families, schools, communities and authorities to prevent, identify and manage bullying situations. It is essential to promote a climate of respect, empathy and tolerance among children and young people, as well as to encourage open and non-violent communication for conflict resolution. Schools have a crucial role in the prevention of bullying, by implementing educational policies and programs that develop students' social and emotional skills, encourage positive relationships between them, and provide support and prompt intervention in the event of bullying incidents. Teachers and school staff have a responsibility to be aware of the signs of bullying and to intervene appropriately to protect the children involved.

PERLINDUNGAN HUKUM BAGI KORBAN KEKERASAN BERBASIS GENDER

Abstract Sexual violence is one of the most serious and far-reaching forms of gender-based sexual violence. Sexual violence can occur in various contexts, including during disasters. Disasters can create vulnerable conditions for women and girls to become victims of sexual violence. PPPA Ministerial Regulation No. 13 of 2020 provides comprehensive protection for victims of sexual violence in disasters. This protection includes prevention, treatment and recovery. This research aims to find out what forms of gender-based violence exist and how legal protection works in efforts to restore the condition of children who have experienced trauma due to sexual abuse. The method used in the research is Normative Juridical, namely by examining statutory regulations and researchers also use a conceptual approach so that in this writing it refers to the views of scholars and legal doctrines. The results of the research in preparing this thesis, the first form of gender-based violence, namely rape/attempted rape, sexual abuse, sexual exploitation, sexual violence, physical violence, psychological violence, economic neglect, sexual slavery, forced abortion, forced marriage, and trafficking of women for other purposes. sexual. Second, according to article 1 number 2, Law Number 35 of 2014 concerning Child Protection, it is stated that: Child protection is all activities to guarantee and protect children and their rights so that they can live, grow, develop and participate, optimally in accordance with their dignity. and human dignity and receive protection from violence and discrimination. Such as protection in the fields of religion, health, education, social and special protection. Keywords : legal protection, victim, gender based violence

PELECEHAN SEKSUAL TERHADAP ANAK DI MEDIA SOSIAL

Children's use of technology has a significant impact on their physical, cognitive, social and emotional development. One of the technologies that children often use is social media. While social media can provide benefits, there are also negative impacts such as bullying and harassment. Therefore, supervision from parents, educators, and authorities is essential. Technology is not all good or all bad; what matters is how its use is managed to suit children's needs and development, while considering its positive and negative impacts. This research aims to find out and analyze various countermeasures that can be taken against children who experience sexual harassment on social media in accordance with the provisions in the Child Protection Law, as well as identify forms of legal protection provided to child victims of sexual harassment in cyberspace based on applicable regulations. This analysis includes measures for prevention, handling, and recovery of victims, as well as legal implementation to ensure that children's rights are optimally protected in the midst of rampant cases of harassment in the digital realm. Data collected from primary legal materials and secondary legal materials are then analyzed qualitatively. Countermeasures against child sexual abuse on social media according to Law number 35 of 2014 and Law number 12 of 2022 involve integrated preventive and enforcement actions.

Pengaruh Kepemimpinan, Kompetensi dan Motivasi Terhadap Perlindungan Anak Melalui Kebijakan Pemerintah Pada Dinas Sosial Kota Makassar

Leadership, competence, and motivation are key aspects that greatly influence government policies in child protection that are strategic in the efforts of the government and related institutions to protect the rights and welfare of children, especially at the operational level such as social services or child protection institutions. This study aims to analyze the direct and indirect influence of leadership, competence and motivation on child protection through government policies. The study was conducted at the Makassar City Social Service, using a quantitative approach. The data collection technique (instrument) used was a survey and questionnaire. The population and sample used full sampling of 107 respondents. Data analysis consisted of validity testing consisting of Confirmatory Factor Analysis (CFA), Convergent Valdity, Average Variance Extracted (AVE), Discriminant Validity and reliability testing. Furthermore, quantitative analysis using Partial Least Square (PLS). The results of the study found that the variables of leadership, competence, and motivation directly had a positive and significant effect on government policies and child protection. Furthermore, indirectly the variables of leadership, competence, and motivation had a positive and significant effect on child protection through government policies.