NCRSA (National Child Rights Based Situation Analysis) research was made from the initiative of SOS Children’s Villages Indonesia to describe current situation on children without parental care and children at risk in loosing parental care. Analysis made in NCRSA report will show the target group in Indonesa based on the national statistics data. This analysis is expected to be a reference to the development of SOS Children’s Villages Indonesia programs.
This study uses a mixed-method approach that combines quantitative data as the main data and qualitative data as supporting data to deepen the narrative of statistical data. Quantitative data obtained from secondary data obtained from the relevant institutions both from the government, donor agencies and other social institutions. The qualitative data obtained through interviews with related informant at the national level and at the provincial level selected. Interviews were conducted with several stakeholders as well as conducting Focus Group Discussion (FGD) with child forum in one of the province to accommodate children’s voice in this research.
Secondary data collection at the national level (representing the 34 provinces in Indonesia) is taken out of BPS data, the Ministry of Social Affairs and other relevant departments. Additional data from the NGO, INGO and other studies also complement this research data. Three provinces were selected as the representation of qualitative data on the overall situation of children without or at risk of losing parental care: North Sumatera, Central Java and Nusa Tenggara Timur.
Three main analysis is used in this research are as follow: (1) The main trend regarding the issue of children without parental care or who are at risk of losing parental care at the national level and three selected provinces; (2) General analysis of the rights violations that occurred to them; (3) Identification of the main duty bearers and key strategies that they do to meet the needs and rights of the target group.
As introduction, the general situation of children in Indonesia is presented. Indonesia are in fifth rank among ASEAN countries in HDI index, with the category of middle HDI index. As fort he provinces with low HDI in Indonesia are Papua, Papua Barat, NTT, West Sulawesi, and NTB. As per March 2015, the number of poor in Indonesia reached 28.59 million people (11.22 percent). Among them are children living in various difficult situations that affect the quality of their development and life. Child poverty in Indonesia accounted as 44.4 million childre or more than 50% of the children population in Indonesia.
The highest number of poor people is in East Java province reaching 4,748,420 people, followed by Central Java totaled 4,561,830 people, in the third position is West Java totaled 4,238,960 people. Meanwhile, if viewed as a percentage, the highest percentage of Poor People are in Papua Province, with 27.8% of the population (or 864,110 inhabitants). The second is West Papua 26.26% (225,460 inhabitants) and the third is East Nusa Tenggara with 19.6% (or 991,880 persons) of total population of each province.
For the research area of North Sumatra, percentage of poor people was 9.85% ranked 17 of 33 provinces, while the population number of poor people is 1,360,600 poor inhabitants—30th place out of 33 provinces. Other research areas, Central Java recorded a large number of poor inhabitants reaching 4,561,830 million people, second nationally below the East Java and the percentages of poor people are 13.58%, ranked 21st of 33 provinces.
In education sector, indicator for education can be observed from School Participation Rate (SPR). In 2012, SPR for children ages 7 to 17 amounted to 91.46 percent (BPS, IDHS 2012). Generally, SPR for girls at every level of school is higher than boys.
Drop out rate in elementary school level is reaching 1.5 % in 2012. . At the junior high school level, the dropout rate reached 0.86 percent, and secondary school education dropout rate to 0.36 percent. Almost half (44.01 percent) of children aged 7-17 years who dropped out of school due to lack of fees; 9.64 percent due to work; 4.18 percent due to the schools are far from home; 3.95 percent due to marriage or they have the obligation to care of the household, and the remainder due to other reasons.
Other than Drop Out Rate, an important problems facing the situation of children’s education in Indonesia is the discrepancy of access to education in urban and rural area. Literacy rate in Indonesia for children age 5-17 years are 12.64 %. According to gegoraphical area, the precentage of illiterate children age 5-17 years in rural area attain (14.79%) are relatively higher than in urban area (at 10.33%). This discrepancy also found in Early Childhood Education level. Based on national survey on socio economy in 2013, the precentage of children age 0-6 years able to access ECE in the city is 10.08% higher than in the village.
In the field of health, child health quality can be observed from the Infant Mortality Rate (IMR). Based on the Indonesian Demographic and Health Survey (IDHS, 2012) IMR stood at 40 incident in every 1,000 babies born alive or decreased 58.7 percent compared to 1991 (97 Infant mortality per 1,000 live births), so in the primary health sector, Indonesia managed to reduce the under five mortality rate of 97 per thousand births in 1991 to 40 per thousand births in 2012 (IDHS 2012). In the case of exclusive breastfeeding, only about 44.76 percent of children aged 2-4 years has been receiving intake. Complete immunization of children aged 1-4 years covered only 70.12 percent.
In fulfillment of civil rights and citizenship, from Susenas 2012, there are 28 percent of children aged 0-17 years old in Indonesia who do not have birth certificates, almost half (42 percent) argued by the high cost of obtaining a certificate. A birth certificate is universal, because it is linked to State recognition of civil status of a person. Indonesia has birth registration coverage that is reported as inadequate. Many factors affect the low coverage of birth registration, originated from a lack of public awareness of the importance of birth registration, the high costs of making the birth certificate, a difficult procedure, as well as lack of access to registration services that are usually located at the district / city.
Based on the mandate of Act No. 11 of 2009 on Social Welfare and Act No.13 of 2011 on Poverty Management, Ministry of Social Affairs has the task of determining the criteria of vulnerable people must be given assistance. Such criteria further stated in Social Services Minister Regulation No. 8 of 2012 on Guidelines for Data Collection and Data Management with Social Welfare Problems and Potential Sources of Social Welfare.
Children who have lost parental care and at risk in lossing parental care in a category created by ISS and Unicef (2004) that it coincides with a category or group of children categorized as vulnerable people with social welfare problems. Children Without Parental Care contained in the first group in PMKS, includes; Neglected residents of which consists of Neglected toddler (aged 5 years and under), Neglected Children (ages 5-18 years) and Elderly neglected residents (aged 60 years and older). Therefore, it can be concluded that Children Without Parental Care are coincident with Neglected Toddler and Neglected Children. Below are the recapitulation of PMKS of 2014 by the Ministry of Social Welfare:
Table 1. National Recapitulation of Person with Social Welfare Problems PMKS) of 2014 by Pusdatin Kesos
I.Main Trend of the Target Group
Target group are classified into two categories: children without parental care and childre at risk in loosing parental care that are identified as follow:
A. Children Without Parental Care
1.Childre loosing one or both parents
Loss of a parent due to the death of one or both parents is most definitely causes that put children in a situation without parental care. Data from the Yatim Mandiri Foundation reported by Antara News (Maruli, 2013), the number of orphans in Indonesia has currently reached 3,176,642 children where in the greatest number in NTT reach 492 519 children, followed by Papua which amounted to 399 462 children.
National data compilation ofPSWP (person with social welfare problems) 2014 shows neglected children are 2,894,200 people and the number of neglected infants are 1,217,800 where orphans included, where ophan childre are among them. National Children Situation Report 2015 issued by the Ministry of Social Affairs stated 5% at the Children Social Welfare Institution (LKSA) is an orphan and 24% of fatherless.
2.Children with both parents working outside the region
The discussion in this scope is focused on children of international migrant workers due to the provided data for this issue is more easily obtained. Indonesia has a high number of migrant workers. The data by BNP2TKI there are about 275,736 Indonesian Migrant Workers (TKI) and almost 60% are women. While the status of marriage, nearly half of workers is already married. Through observation of these statistics, it can be concluded that many children of migrant workers are abandoned by his parents to work abroad. Children of migrant workers abandoned by their parents has great potential suffering from neglect and obstacles in the proper care of a parent or guardian (Brelian, ND).
The number of cases that children loosing parental care are found mostly in rural areas with high migration rate due to both parents working outside the region or working overseas. These children are usually under the care of their grandparents. Children are prone to be neglected if the parents are working overseas in long-term. The condition are worsen if the parents re-marry causing the child to loose parental care permanently.
3.Children in Conflict with the Law (Chidlren in Prison)
Children in Conflict with the Law actually are not specifically mentioned in article 20 in the CRC concerning the children who lost family care. Yet children in conflict with the law are closely linked to neglect or exposure to violence during childhood (Unicef, 2006). In the UNICEF report (2006) mentioned that the experience of abuse and neglect of children increases the likelihood of children when adults arrested as naughty child as much as 53% while 72% of teenagers who commit serious violations of criminal were the victims of violence as children.
Children in conflict with the law caused by many things. According to Bappenas (2008) most cases of children in conflict with the law are thefts (60 percent) and fights (13 percent). Meanwhile, according to Unicef (2014) many children arrested for crimes they committed under the influence of peers or because they are ignored by the family.
The latest of the Act of Juvenile Justice System (SPPA) 2012, there is a shift in perspective in dealing with cases of children in conflict with the law. If the Act of Juvenile Justice System of 1997 saw that the act (of criminal) should be rewarded with appropriate penalties, then the latest Act of Juvenile Justice System (SPPA) 2012, the approach taken is restorative justice in which a child is entitled to special protection, especially protection of the law in the criminal justice system (Muliyawan, 2015). This is reflected in Article 1 point (6) mentioning, "restorative justice is the completion of the criminal case involving the perpetrator, the victim, the perpetrator's family / victim, and other relevant parties to work together to find a fair settlement with the emphasis on restoring it back to the the original state, and not retaliation."
In this latest Act, known the term of “diversion in handling cases of children in conflict with the law.” Diversion is defined as diversion of the settlement of children, from the formal criminal justice process to a process outside the criminal justice with a condition or unconditional (Muliyawan, 2015). According to Muliyawan (2015), the purpose of the diversion process are to achieve peace between the victim and the child (actor), completing the case of children outside the judicial process, avoiding the child of deprivation of liberty, encourages the community to participate and instill a sense of responsibility to the child. Thus, the handling of children in conflict with the law are not necessarily imprisoned, but can be returned to their parents or entrusted to the Ministry of Social Affairs the assisted insitutiont, as LPKA (Special Development Institute of the Child) or LPAS (Institution for the Child Provisional Placement).
4.Children victims of early marriage
Children age limit is 18 years old. But the Act of Marriage in Indonesia puts a limit of 16 years for girls and 19 years for men are allowed to marry. That is, legally girls in Indonesia can get married while still in the age limit of children. Moreover, registering the marriage with falsification of age, where it is easier to do if the child does not have a birth certificate (Baker, 2015). Once children enter into marriage, then they're not classified as children. Most of them then living in new homes or in-laws house,separated from their families and deprived of the opportunity to receive appropriate treatment as children. They dramatically entry into adult life, got a load and responsibilities as well as adults. The cause of under-age marriages are very complex, such as gender inequality, poverty, religious practices and the false of traditional values, the failure of the law, conflicts, disasters and other emergencies (Ministry of Women Empowerment and Child Protection, 2013).
Indonesia is a country with high cases of early marriage. Profile children Indonesia (Ministry of Women Empowerment and Child Protection, 2013) states, in the year 2012 was 1.67 percent of girls age 10-17 years in Indonesia are married and have been married. Unicef (Herlinda, 2015) provide a statement that at least one of six girls married under the age of 18 years. Chief Representative of Unicef Indonesia Gunilla Olsson (Herlinda, 2015) explained that the number of child marriages penetrate up to 340,000 a year. Meanwhile, 50,000 girls in Indonesia is estimated have been married before the age of 15 years old.
Child marriage is a phenomenon that is still continuing. 2015 is an historic moment for global efforts to end child/early marriages. In September, the government in every country around the world would agree to remove the child marriages in 2030 as part of the Sustainable Development Goals (SDGs) (Baker, 2015).
B. Children At Risk in Loosing Parental Care
1.Children living in poverty
Child welfare conditions in Indonesia has not been good. Report of the Ministry of Social Affairs (2015) on the Situation of Children in Indonesia mentions that there are 52.7% of children live on less than $ 2 a day. Children living in the poorest families are in the most vulnerable conditions, especially in terms of shelter, sanitation, infant mortality rates, dropout rates, and have no birth certificate.
In 2015 there are occurred improvements in the welfare of society, which is influenced by various poverty alleviation programs such as rice for the poor (Raskin), direct cash aid (BLT), and the Family Hope Program (PKH). PKH have helped strengthen families in Indonesia and to give hope to get out of poverty. Pada tahun 2014, program ini membantu sekitar 3 juta keluarga miskin di 33 provinsi (World bank, 2015). Some of the achievements of the results of the implementation of this program is the increased probability of primary school pupils who go on to secondary school (8.8%), participation in secondary school increased by 10%. In addition PKH also managed to increase the inspection visit pregnant women, increasing the likelihood of children fully immunized, and reduce stunting (World Bank, 2015).
Strengthening the family's ability to provide health and education facilities for their children, thus raising hopes of increasing the number of children are raised at home, to be with their parents so get a normal parenting. Rumbel (2015) of UNICEF, said that poverty is the main reason children put into orphanages. (The reason to) entrusted child in the children care institutions in order to get the education, health, food, shelter better. Help poor families will solve their problems so that they do not have to send their children elsewhere.
One condition that also causes children to lose parenting are those who are victims of prostitution, or known as prostituted children. The term prostituted children used to replace the term child prostitutes, to assert that children who engage in prostitution are victims, considering the child still does not have the ability to decide on their own to make the work of commercial sex as a profession (Farid, 2015). Prostitution on children is a form of Commercial Sexual Exploitation of Children (CSEC). Other forms of CSEC, trafficking of children for sexual purposes and the child pornography. Each of these forms is often closely interconnected with each other (Shalahuddin, 2011).
Reviewing reported cases of child sexual exploitation, there is a tendency to increase the number of children who are sexually exploited-commercially. In 2011 the National Commission for Child Protection received complaints of 480 child victims of CSEC, this number increased when compared to the number of complaints in 2010 that 412 cases. Data received by the "National Commission for Child Protection" of the results of investigations conducted by the Pontianak’s Child Protection Agency (LPA) in Malaysia in 2010, on the border between Brunei Darussalam and Malaysia, found hundreds of Indonesian adolescents trapped as victims of in disuised sexual exploitation. Compilation of national data with social welfare issues in 2014 were compiled by the Pusdatin Kesos shows, there are 93.905 victims of trafficking including children.
The number of cases of child trafficking were followed with the number of prostituted children, became bleak portrait of childcare situation in Indonesia. Children who are victims of trafficking, and some children who are victims forced into prostitution, living far apart from their family. They lost a good care from their parent and loss of family socio-cultural family function which is develop the potential of all members of the family as a social creature and behave in a community agreement (Yustiana, 2007).
Researchers from the Bandungwangi Foundation, Supriyati (2011) said, returning prostituted children to their parents is not a wise way out. The reason, in fact, parents are involved in promoting / persuade / force their children into prostitution. If returned to their parents, these children are at risk for resale (become victims of trafficking) or, forced into early marriage that easily divorced. And, this is the beginning of disaster that would be suffered by children for prostitution by their parents. Supposedly prostituted children's protection friendly and thoughtful of law enforcement officials through the provision of child-friendly protection institutions.
As set forth in the Act of Child Protection article 68, child victims of child trafficking and prostituted children are entitled to rehabilitation. Nevertheless, the return of the child to the family, must look at the context that cause children mired in human trafficking and prostitution. If the cause is the parents who are not responsible, then decided to return the child to their parents make the child would be at risk plunged back into human trafficking and prostusi (Supriyati, 2011). In that situation, the childcare institution or a substitute family can take a role to provide a better life chances for the child.
3.Child domestic worker (PRTA)
Low welfare make children have to work and some of them are working as domestic servants (currently referred to as child domestic workers). Working in the household sector, making the children at risk were sent away from the area where they lives and the loss of parental care. Child domestic workers have their own vulnerabilities because apart with their family (ILO, 2015).
Work as domestic workers is a profession that has a very weak bargaining position, making it vulnerable to various kinds of exploitation, violence and abuse, even for adults. There are 42% of domestic workers (including child domestic workers / Child Labour) claimed to experience of physical, psychological and / or sexual violence (Ratnawati, 2015). National Coordinator of the National Network Advocacy ART, Lita Anggraini (Purnomo, 2015) stated throughout 2015, there were at least 376 cases of violence against Domestic Assistant (ART). Of these 65 per cent of cases of violence against domestic workers, is a multi-violence, such as unpaid wages, persecution and harassment. The rest is human trafficking. In the handling of legal cases, the police often neglect to protect victims.
Vulnerable position of children as domestic workers are often not realized. This is due to of the assumption that the work in the household sector is safer for children, in addition to the child is considered not demand wage. For girls who become domesticworker, one of the driving factors is the high dropout rates. Economic conditions force them to work. Working in the household sector can be an alternative for those who do not have the education and skills to help them get out from the socio-economic problems. Thereby removing the number of child domestic workers is not easy. In the year 2009 recorded some 437,000 domestic workers in Indonesia are under 18 years old (National Child Labour Survey, ILO-BPS 2009).
Children employed as domestic workers faced poor working environment, which can interfere with their growth and development, both physically and psychologically. Children need to be helped to avoid becoming employed child domestic workers. The family that serves solely to protect and responsible for the sustainability and safety of the child's life can be a filter that children are not employed as domestic workers.
Low economic prosperity, making some children has to live on the streets, and carry out economic activities on the street. However, not all children take to the streets because of economic pressure, but for other reasons such as family problems, affected by friends, etc. The result of research of Training Agency and the Social Development Ministry of Social Affairs in 2003 (Sinung, 2006), handling of street children in all regions of Indonesia does not have a pattern and the appropriate approach and effective, because only focus on the child while the family is not empowered. Coupled with the economic pressures that resulted in malfunction of the role of the family, so there is no other choice. Then the child ran into the street.
The number of street children in Indonesia based on the national recapitulation of the PMKS’s Data 2014 was 33,400 people. Minister of Social Affairs of Indonesia Cabinet Unite II era, Salim Al-Jufri (Faqih, 2013), states that in 2014 or when the expiration of the Cabinet of Indonesia Unite Cabinet II, Indonesia free from street children. Salim stated that the main task is to empower parents, because almost 80% of street children arise due to poverty. In reality though have not been able to free Indonesia from street children, it appears that the government's seriousness to fruition. Mentioned in the profile of neglected children Indonesia in 2015, by the Directorate of Social Welfare of the Child of Indonesia there is decline in the number of street children from 2006 to 2013.
One of the efforts made by the government is through the Social Welfare Programs of Street Children or "PKS-Anjal". The majority allocation for "PKS-Anjal" located in the province of West Java, DKI Jakarta, East Java. This is because these three provinces have the largest number of street children and the following institutions that handle it.
Children who live on the street are children who are vulnerable to losing parental care. Some of them were already losing parental care because of living apart and lost contact with their families. Children who remain with their families and live together on the road, are also susceptible to various influences from the harsh environment in which the family is not sufficiently solid to tie the children to always come back to the family. Street children who still have family living in the house, are also vulnerable affected the environment and does not come home. Factors that are considered expanding the number of children on the streets is poverty and the weakness of family functions for children. The ease of making money on the street made interventions often fail. Mentoring, family empowerment, and strengthening the role of families both socially and economically a viable alternative that can be taken to reduce the number of children who take to the streets.
5.Children with special needs
Based The National Recapitulation of PMKS’s Data 2014 stated that the number of children with disabilities are as much as 532.130 people. According to the National Socioeconomic Survey (Susenas) held by the Central Bureau of Statistics (BPS) in 2012, the number of persons with disabilities in Indonesia as many as 6,008,661 people. When compared to data Susenas, 2003, 2006, 2009, 2012 there is an increase and decrease in the percentage of persons with disabilities. Although the results of the data collection is influenced by different concepts, which Susenas 2003 and 2009 using the concept of invalidity, while Susenas 2006 and 2012 using the concept of disability, there appeared to be an increased prevalence among Susenas 2003 and 2009 and 2006 and 2012.
Unicef report on the situation of children with disabilities in the world (2013) stated that the high level of vulnerability experienced by children with special needs. The responses to the situation of children with disabilities are generally limited to institutionalization, abandonment or neglect. Children with disabilities are often considered low, and discriminated against because of their limitations. Discrimination due to disability is resulting in the marginalization of resources and decision-making, and even the death of the child. Excommunication often emerges from invisibility. Not many countries that have reliable information about how many of its citizens who are the children with disabilities, what kind of disability they experience or how these disabilities affect their lives.Thus, children with disabilities are excluded and therefore cut off from all access to public services which is their right.
Children with special needs are very dependent on the acceptance and rejection of the family. In Indonesia there are still many families who consider children with special needs as a disgrace or a curse that is hidden from the family. Families also often do not understand how to provide proper treatment to children with special needs so that they were placed in institutions that are considered capable of educating, away from the family. Anoverlis Hulu, journalists from Nias (2015) wrote the cases due to low acceptance of families of children with special needs, which makes them were treated low appropriate: shackled, not recognized, not treated, even sexually assaulted. Improper handling will provide an obstacle to the development of the ability of children with special needs, thus getting away from the opportunity to live independently and helpful. Conversely, if there is good reception, then children with special needs will get enough social support to help them live independently and socializing.
Children with special needs are prone to lose the care of their family, or if staying with the family, they are vulnerable to neglect and discrimination because they are weak and cannot be expected. Family is the most important circle for children with special needs. Strengthening the role of the family is very important for the development of children with special needs, which can affect the lives of children with special needs in the future.
6.Children victim of disaster
According to data from the Ministry of Social Affairs (2015), the number of people affected by natural disasters from 2012 to 2015 was 3,604,960. There is specific data on the number of children affected by natural disasters. However, as widely shown by research, the children are the most vulnerable groups affected by the disaster (Tanner, 2010).Children can be the direct victims of disaster or have lost their parents because of this natural disaster. Children who are survivors of disaster is still experiencing problems vulnerability in nutrition, health, mental health, education and property loss in post-disaster situations.
During the period 2010 to 2015, in Indonesia recorded 1,992,130 inhabitants affected by the disaster (The International Disaster Database, 2016). The impact of the disaster will be worse affected by the structure of the political, social and economic in the region such as urbanization resulted in a population increase, pollution, environmental degradation, poor agricultural practices and unsustainable utilization of natural resources or deforestation (Martin, 2010). According to the Minister for Underdeveloped Villages, Marwan Jafar, there are 96 underdeveloped regions that are designated as disaster prone in Indonesian (Yulianingsih, 2016).
7.Children affected by socio-political conflict
Ministry of Social Affairs has a new category for entering data of people with social welfare problems are victims of social disasters. Social disaster victims is defined as a person or group that is affected or become dead victims as a result of the disaster caused by the turn of events or series of events caused by humans (Ministry of Social Affairs, 2012). This social disaster includes social conflicts between groups, between different communities as tribal war or inter-ethnic conflict and terror.
The impact of social conflict and violence against children including the recruitment of children into child soldiers (combatants), injury or death, became refugees, loss of family and trauma. According to a report from the Child Soldiers Global Report (2008), children who live in conflict areas are vulnerable to child soldiers. When the conflict in Aceh underway, there are children under 18 years are detained in the trial, even there are reports of children being tortured for his involvement with GAM (Child Soldiers Global Report, 2008). In the same report noted that there had been children aged 16 years was arrested in Ambon because planted the bomb in a taxi that injured taxi driver and because involved in a conflict of SARA eventually arrested – adjoined with another adult – for 7 years. Children under the age of 18 who go to boarding schools (pesantren) are also alleged to be a victim of the teachings of extremist indoctrination (Child Soldiers Global Report, 2008).
8.People with HIV/AIDS in Indonesia
The cumulative numbers of children infected by HIV by 2014 are; reported children in the age group 15-19 years there were 813 patients, in the age group of 5-14 years as many as 234 patients, and in the age group of less than 4 years as many as 553 children. Meanwhile, when seen from the percentage of AIDS cases by age group 15-19 years was reported at 3.1 percent, 5-14 years age group as much as 0.8 percent, 1-4 years age group 1.7 percent of the time, and the age group of less than 1 year of 1.4 percent.
Children with HIV / AIDS are vulnerable to be neglected, due to the still high public stigma against HIV that causes people difficult to accept children with HIV / AIDS so that they do not get adequate access to health and education services. Even the rejection of children with HIV / AIDS can experienced from their own family. After the child's parents died and must be cared by their extended family, there are still many families who abandon children with HIV / AIDS for fear of contagion. Children with HIV / AIDS are generally infected at birth but often neglected and not identified until they are seriously ill. This is because older people with HIV / AIDS do not realize the importance of early detection of HIV / AIDS so that children infected.
Judging from the kind of work of people with AIDS were registered by the Ministry of Health, the highest number of people with HIV/AIDS are housewives. These data indicate a relationship between the vulnerability of children from losing parenting by parents with HIV / AIDS. Children with parents affected by HIV / AIDS have the social impact of which is the stigma and discrimination on HIV status of their parents. They are also prone to suffer from malnutrition and health problems due to their parents or caregivers are not able to provide because the parents are not able to work anymore. Parents with HIV / AIDS are also not able to provide proper care for their children so that their children should be cared by other family members or forced submitted to the orphanage (Lentera Anak Pelangi, 2014). Viewed from the province that has the highest HIV / AIDS are West Kalimantan, followed by East Java, West Java, Papua and North Sumatra.
9.Children victims of violence
Violence against children according to the Act 23 of 2002 on Child Protection can include physical, psychological or sexual. Data from the Ministry of Social Affairs, there were 1,466 children who are victims of violence and abuse during 2014 (Ministry of Social Affairs, 2014).Indonesian Child Protection Commission noted the increase in reporting of cases of violence from 2011 to 2014, which in 2011 occurred in 2178 cases of violence, in 2012 there are 3512 cases, in 2013 there are 4311 cases, and in 2014 there are 5066 cases (Setiawan, 2015).
Children become victims or perpetrators of violence occurred in the three locus were identified, namely in the family, school and in the community. Results of KPAI monitoring and evaluation in 2012 in nine provinces showed that 91 percent of children are victims of violence in the family environment, 87.6 percent in the school environment, and 17.9 percent in the community (Setiawan, 2015).
Based on these data, indicate that the children vulnerable to violence even in the closest environment of children. KPAI identify the perpetrators of violence in the family; can be a parent or someone close in the home environment. In the school environment, the possibilities of violence against children are teachers, school workers such as cleaning service, repairperson, and security guard. Whereas the violence happened in the community usually conducted by stranger to the child (Setiawan, 2015).
II.The Situation of Children Without Parental Care in Three Selected Provinces
A. Sumatera Utara Province
North Sumatra is the fourth province with the largest population in Indonesia after West Java, East Java and Central Java. In 2014 the population of North Sumatra amounted to 13,766,851 people consisting of 6,868,587 were male and 6,898,264 female or the sex ratio of 99.57. In 2014, the populations of North Sumatra are mostly living in rural areas than in urban areas. The population living in rural areas was 6.98 million (50.74%) and those living in urban areas amounted to 6.78 million (49, 26%).
If seen from the composition, the number of children in North Sumatra can be categorized quite a lot, seen from the table below where the population aged 0-19 years reached 41.82% or amounted to 5,757,483 inhabitants of the total 13,766,851 inhabitants. Number of chidlren having birth certificate are low in this province.
Based on PMKS data 2015, neglected children in the province of North Sumatra amounting to 25 841 children. This figure consists of 7939 neglected toddler and 17.902 neglected children. The number of neglected children in the province of North Sumatra was second in Indonesia. Following the description of children who are vulnerable to losing parenting found in North Sumatra.
Table 3.13 Data on Person with social welfare problems (PMKS) North Sumatra province in 2015
Several cases of child protection identified as priority in this province are :
(a)Children in conflict with the law
In the data PMKSs of 2012, North Sumatra has recorded the highest number of juvenile delinquents in Indonesia. Of these children, the number of children imprisoned some 80 juveniles and 152 child are prisoners.
(b)Exploitation of Children; Includes Trafficking, Child Labour and Child Commercial Sex Workers
An overview of how the occurrence of sexual exploitation in children can be seen from the research conducted PKPA Medan on "Mapping the situation of child prostitution in the city of Medan" in 2013 until 2014. In addition, the previous conditions can be seen through the results of research conducted by ECPAT Indonesia in Medan of 2008, that 74% of the 50 prostituted children still a student of junior high school and senior high school level and 26% of them are forced to drop out of school elementary level.
Meanwhile, cases of Trafficking and Sexual Exploitation on Children (SEC) based on the monitoring of the print media by PKPA within the last three years, continue to increase; 2011 (13 cases / 26%) and 2012 (36 cases / 60%). Child prostitution is one of the forms of Sexual Exploitation of Children, getting "close" to the educational institution / school. Until now, there has been no model / concepts that are relevant for the prevention and treatment of child prostitution.
Deputy Director of the Center for Child Protection Foundation (PKPA) Medan, Misran Lubis said that street children become a classic phenomenon and remain in existence, the population continues to grow each year. Data from the Social Service of North Sumatera Province in 2008 identified the number reached 2,867 children, the largest number are found in five cities namely Medan (663 children) Dairi (530 children), Central Tapanuli (225 children), South Nias (224 children) and Tanah Karo ( 157 children).
(d)Violence against children
Data on cases from Women Empowerment, Children and Family PlanningBureau, Provincial Secretary of North Sumatra and Task Force of Child Protection (BPAKB), from January to December 2015 reported there were 45 cases with details are: Bullying 1 case; 2 cases of sexual abuse; Neglected 1 Cases, Incest 1 case, Rape 1 Case, Murder 1 case, 21 cases of domestic violence, Human Trafficking 14 Cases.
Sources of data collected Bureau of PPAKB Setda of North Sumatra Province comes from: child or her own mother report directly to BPAKB Bureau; Complaint Letter reports of KPAID North Sumatra (Regional Child Protection Comission Indonesia); North Sumatera Police; P2TP2A (Center for Integrated Services for Women’s Empowerment and Children), Sakti Peksos’s (social worker) from Social Welfare Office, Renakta (teenager, children and women) sub-directorate in North Sumatera Police, Letter of the Ministry of Women's Empowerment and Child Protection (request a response and a fair legal process); Legal Aid Institute "APIK" as a companion (legal representation) to the victims of "Yayasan Pusaka Indonesia." Of those records seen that the provider of the handling of cases of violence against children in North Sumatra are varied.
(e)The situation of Care at the Institute of Social Welfare of the Child (LKSA)
In 2014, there are 585 LKSA managed by the government established across North Sumatera province. These LKSA have the capacity to accommodate 585 children but the actual children living in those institutions are 11,756 children. This situation are contrast with the situation in LKSA operate by private organizations that account as 147 institutions with 5,631 children living in those LKSA.
B. Sikka District, Nusa Tenggara Timur Province
Based on data from NTT Provincial Secretariat Government Bureau in 2014, the number of residents in the province of NTT in 2014 as many as 5,356,567 people spread across 22 regencies / cities. Meanwhile the regencies / cities in 2014 which has the highest number of people that is South Central Timor district of 459,972 inhabitants, and the lowest is Regency of Center Sumba much as 82,678 inhabitants.
The type of work the people of NTT are in the informal sectors includes personal business without the help of others, worked with the help of members of the household or temporary workers, worked alongside permanent workers, and workers without salaries. While in the Formal sector includes workers or employees, freelance in agriculture, non-agriculture-based freelance, and workers without salaries.
The discussion on children’s situation in this province only focused in Sikka District, where SOS Children’s Villages Indonesia operates. In terms of ownership of birth certificate in Sikka District, the percentage is quite low as much as 30.9% of children in Sikka do not have birth certificate. There are administrative barriers causing the numbers of ownership of Birth Certificates of children in Sikka and NTT generally being low. Traditional marriage regulation in Sikka are considered as the highest regulation held by the community. The implication is when the traditional marriage cannot be conducted, then the legal marriage conducted in church admitted in the civil registration are not allowed. Many couples who cannot conducted traditional marriage therefore cannot be legally listed as marriade couple and have no marriage certificate which causing they cannot make birth certificate for their children.
Children born to these couples, when making Birth Certificates will only be listed the name of Mother in the column of parent, and the level of awareness for obtaining a birth certificate for the child is also low. The family will only going to make the child's birth certificate if any events are requiring the document, for example, when children applying to school. Likewise the majority of student, still do not have a birth certificate, because people consider the registration of birth certificates require a large fee, and require some administrative procedures that must be fulfilled. Distance, time and information access to the citizens is still become an obstacle to the fulfillment of children's rights on the birth certificate.
Data obtained from the Department of Social, Employment and Transmigration Sikka Regency: the number of Abandoned Toddler amounted to 218 people, and Neglected Children amounted to 870 people. This amount is an accumulation of the number of children who are accommodated in a number of LKSA (Child Social Welfare Institution) in Sikka. The government through the District Social Service, distribute Child Social Welfare Program (PKSA) in the form of cash aid to children who are in the LKSA. Moreover, in a number of LKSA in Sikka also accompanying Children Vulnerable to Losing Parenting, there is a cash assistance to them, distributed through LKSA who are partners of the Social Service Sikka.
In NTT, children loosing parental care, besides staying in LKSA, many of them are also live in a shelter, hostel or boarding house. These children have to leave home and live in these places because of the location of the school is usually far from the village where they live. In addition to children who have lost their parents, children are vulnerable to losing parental care in Sikka Regency can be found as some of the categories below.
(a)Child exploitation, including sexual and economy exploitation, child trafficking in NTT, particularly in Sikka District
LBH APIK NTT releases End Year Notes of 2013 (Catahu 2013) that illustrates the government and other stakeholders have failed to provide a safe guarantee for women and children. Released Catahu 2013 of LBH APIK NTT is done using the research on media and research on complaints of cases, obtain findings that children are the biggest victims of various cases faced by women and children. It has been recorded that 58% (115 children) victims of trafficking, persecution, rape, and other sexual abuse are children. The rest of 41% are women and 1% experienced by men.
Exploitation of children for economic purposes is also a case that is rampant. Recorded in Catahu 2013 of LBH APIK NTT that trafficking cases with child victims reached 51.35%, or 57 victims of a total of 111 victims of trafficking. This further adds opaque record of child protection efforts that are being promoted by the government of NTT. In addition to the exploitation of children for economic purposes, cases of sexual violence against children are also higher in 2013. The Case of Fornication which successfully covered by the media in NTT, 83.3% of the victims were children. Likewise with the case of rape, where the biggest victims are children with a percentage of 84.62%. For cases of sexual harassment in the year 2013 all of them suffered by children.
(b)Violence againts children
Cases of violence against women and children in Sikka still occurs, data from Women Division of Volunteers for Humanity Flores (Truk_F) reached 123 victims, consisting of 47 of the victims are women and 78 Victim Child. Of the 123 victims, 74 people experience domestic violence, 35 of sexual violence, 3 victims in the public domain and 11 are victims of trafficking. Cases suffered by his wife and children is the case of the most widely complained, 60% of all cases. Generally, the wife is a housewife and has no economic independence, and 7.4% or 10 victims have not been legally married.
In 2015 there were 2.46% cases the separation of the child from the biological mother (biological) by her husband and family. This case has increased compared to 2014, because the assumption that children as possessions of men is still strong in indigenous communities in Sikka.
Document from Women Division of Truk_F shows the victims of sexual violence as many as 35 people or 43.05%, with the victims of sexual violence are still in the age of the child, are 22 victims, or 24.64%. Two children (0.44%) were cases of incest, which the perpetrator is the biological father. 77% of perpetrators of sexual violence is a person close to the victim and is known by the victim such as: father, family, uncle, brother, friend, boyfriend and neighbors. 100 % of women who are victims already selected and targeted by perpetrators of the violence. 80 % of sexual violence carried out by the mode of deceit / trickery. The age of the child and women victims of sexual violence ranges from 3 to 51 years, while the age of the perpetrator are 17 to 70 years.
(c)Children in conflict with the Law
In Sikka number of Children in conflict with the law does not show a high number when compared with some other regencies / cities in Indonesia. It is also justified by the Advocacy Coordinator of Truk_F who explained that most children are committing a crime does not necessarily conflict with the law. Mostly, settled by customary deliberation or mediation between offenders with victim's family, where is in most areas in the province, including the Sikka regency customs rules is still very strong among the community.
(d)Children of migrant workers
NTT is one source of Indonesian migrant workers, which has a lot of migrant workers in large numbers and spread in various countries. Likewise in the District SIKKA and almost as prevalent in some other regencies in the province. Even Minister of Labour Hanif Dhakiri during a visit to Atapupu, February 2015 confirms NTT became an emergency province of human trafficking through a scheme of illegal migrant workers. “Many parents in NTT allow their children to become Indonesian migrant workers after bribed with money "betel nut" and the lure of large salaries,” he said. The consequences ist hat many migrant workers from NTT is not reflected in the statistics since there are many overseas workers using illegal scheme to work abroad.
The number of child marriage in Indonesia is reported very high, shown in the research results conducted by PSKK UGM collaboration with Plan Indonesia, which has been conducted in 2011 in eight regencies in Indonesia, namely: Regency Indramayu (West Java); Regencies Grobokan and Rembang (Central Java); Regency Tabanan (Bali); Regency South Central Timor. Regency Sikka, Regency Lembata (NTT). In the study, child marriage is the marriage of formal; and informal bond between men and women under the age of 18 years. The problem of child marriage is a complex issue, because this issue involves not only the child, but also a factor of the parents, as well as socio-cultural traditions in the area where the child lives.
C. Central Java Province
Central Java population in 2014 according to BPS recorded 33.52 million or 13.29% of the total population of Indonesia. Central Java is the third most populous province in Indonesia. In general, the population builds up in urban areas than in the counties. The number of households in Central Java amounted to 9.0 million with an average population each household of 3.7 people. The number of children under 19 years old is 11.198 million or 33.4% of the total population of Central Java.
BPS of Central Java reported the number of poor people in the province has decreased from year to year. In 2011, the number of poor people amounted to 5.26 million, or 16.21% of the total population of Central Java. In 2014 the poverty rate decrease to 4.81 million or 14.44% of the total population of Central Java, where the number of poor people in rural areas is much greater than in urban areas (see chart). In 2014 the number of pre-prosperous family in Central Java reached 2.66 million, or 26.11% of the total family. Human Development Index (HDI) is lowest in Brebes regency at 62.55 and the highest in the city of Salatiga at 79.98.
The population aged 0-4 years who have birth certificates in Central Java province is 1,198,211 children, or 48.25% of the total number of children aged 0-4 years (2005). But in 2015 BP3AKB Central Java reported that 67.3% of children in Central Java still do not have a birth certificate, that have an impact on the delay of a child's access to obtain the services related to social protection and other basic services including health and education. In addition, children without birth certificates vulnerable to become victims of child trafficking (BP3AKB, 2015).
Social and economic situation in Central Java that were outlined above has contributed in a situation of neglected children in the province. The table below show the data of Children with social welfare problems in Central Java.
Data Person with Social Welfare Problems in Central Java in 2014
Identification of chidlren’s issue in Central Java province are:
(a)Children in conflict with the Law
In NCRSA report in 2012, it was mentioned that the Central Java Province ranked highest for children who are in prison, are 14.548 children. According to data from the Social Service of Central Java Province, the number of children in conflict with the law in 2014 recorded 1.567 children and juvenile delinquents in Central Java in the data of PMKS 2012 was 8.135 children, 2,096 fewer different than the data in 2008. Decreasing the number of children in conflict with the law is also occurring nationally due to the implementation of Law No. 11 Year 2012 on Juvenile Criminal Justice System by July 31, 2014.
The problem on children in conflict with the law is there are many child prisoner are mixed with adults prisoners, where as per November 2014 there are 31 children who still in one cells with adults.Not only children in conflict with the law, service received by the children as victims is also not optimal, primarily monitoring when children are returned to the family. This is certainly the right of children not being fully met. Moreover, when the cases faced by the children who have diverse dimensions of the problem, requires the support of a comprehensive social intervention and systematic. Especially for children who are in vulnerable situations or at risk (BP3AKB Central Java, 2015).
(b)Children living in poverty
Central Java is the second province the number of poor people after East Java with the amount of 4,863,400 people (BPS, 2012). Central Java is the second province with the number of poor people after East Java with the amount of 4,863,400 people (BPS, 2012). The unemployment rate in Central Java is 6.01%. Central Java province also ranks second highest province that has the number of uninhabitable houses of 984.404 (PMKS, 2012). The poverty situation causes the number of workers who work in other regions or countries in Central Java high enough that as many as 92.587 migrant workers in 2014. Regencies that send the most migrant workers in Central Java are Cilacap, Kendal, Brebes, Pati, Banyumas, and Grobogan (BNP2TKI, 2016).
The problems facing children due to economic hardship based on the FGD result with children are limited access for children to education, vulnerable to nutritional deficiency, both parents need to work and therefore parents have no time to give attention to their children, and children will choose wrong peer groups. Other than that, due to the economy situation of the family it is very common that children also need to work to be able to go to school or on the contrary have to leave school to work.
(c)Children victim of violence
Central Java has a number of families with problems in the socio-psychological as much as 39,350 people in 2014, where it sat Java at No. 4 nationally.
Family in problem with socio-psychological is vulnerable to divorce. According to Arist Merdeka Sirait, the divorce rate in Central Java is quite high as 12,000 cases each year (Prabowo, 2015). When there is a divorce in the family, children are vulnerable to psychological, social and parenting problems. The first problem facing children is that they will lose custody of one or both parent. The court verdict establishes lots of child custody only for one parent alone so that the child becomes lost the right to the care of the other parent (Prabowo, 2015). In addition, the results of the interviews in the assisted areas of SOS in Tambakrejo and in Ambarawa, that among the lower economic many found the fact, after the parents divorced then the child cared by a grandfather or grandmother, because parents whot get child custody must work outside the region.
After divorced parents remarry, the child must follow a new family, which is not impossible that would cause problems to the child. Their new family can be the cause of violence against children so that affects the growth and development of the child.
Based on data collected BP3AKB (Women Empowerment, Child Protection and Family Planning Agency) Central Java Province, cases of violence against children in Central Java continues to occur from year to year. In 2011 it was reported that in 1,084 cases, in 2012 there are 1,352 cases, in 2013 as many as 1,035 cases, in 2014 there were 1,114 cases, and, until September 2015 have occurred 1,046 cases of violence against children.
While data from the Commission for the Protection of Victims of Gender-Based Violence and Child (KPK2BGA) Central Java, the cases of violence against childrenreported in 2012, there have been 483 cases of the victims of 78 boys and 405 girls. Meanwhile in 2014, cases increased to 799 with the details of the victims 152 boys and 627 girls (Rofiuddin, 2015).
(d)Children in alternative care in Central Java
Several explanations above provide description on factors affecting children in loosing parental care. Children without parental care are entrusted to LKSA. There are about 22.616 children in 565 LKSA throughout Central Java. Semarang city has the highest number of LKSA, as many as 75 LKSA with beneficiaries as much as 3.722 children. In other areas that have the highest LKSA after Semarang are located in Jepara, Demak, Grobogan and Regency of Semarang. According to previous data, Grobogan is the home region of most migrant workers, regency that has the third highest maternal mortality throughout Central Java, and also the regency with the largest number of pre-prosperous family in Central Java, 60% of number of households (BPS Central Java, 2014).Other areas identified as having a high number of pre-prosperous family is Demak with 36% of the total households. Whereas in other regions that have the highest LKSA, allegedly has factors other than poverty that causes children loses parental care.
In conclusion, based on the data from the three provinces and nationally, risk factors for children at risk in losing parental care can be included in several categories, such as:
·Gender inequality causes of early marriage on children. Early marriage is impacting on girls under age to be a mother. The risk of neglect of the child by underage mothers are increasing due to social immaturity of the mother, the less support to teenage mothers and social stigma against teen mothers.
·There is a correlation between a strong patriarchal culture in Indonesian society with the rise of violence against women and children. Patriarchal culture that puts the position of men of higher social status than women tends to act arbitrarily causing women and children are vulnerable to violence.
·Lack of ability to care for children by the parents, causing many cases of violence against children for disciplinary reasons.
·The deviant values of the tradition such as parents who feel that the children are the property of the parents; so often parents become exploitative and be the cause of prostituted children and children forced to work.
·The use of media, especially the use of social media that is not wise resulting in child pornography, and also affects the occurrence of cases of sexual violence on a child.
·The failure of the law in protecting children contribute to children's vulnerability to loss of parental care. Law that does not work properly causing many cases of trafficking in children that lead to making children as sex workers. Other than that, child victims of natural disasters are vulnerable of being trafficked through the adoption mechanisms which the arrangement in Indonesia is not working well.
·The psycho-social problems of family such as divorce which resulted the child vulnerable to be neglected and becoming victims of violence.
·The high number of violence against children contributes to child neglect incidence. The report of sexual violence cases that is increasing both nationally and in some provinces studied as in Central Java, is of great concern and an important factor as a cause of child neglected.
·Consumption of drugs (narcotics and other addictive substances) on the parents is also an important factor in child neglect. Parents who consume the drug experienced emotional instability and economic vulnerability that contributed to the neglect of children.
·Psycho-social issues in the household such as a lack of parental supervision of children, a disregard for the needs of the child or conflict in the household to be the cause of children going to the streets and affects the incidence of child committing a crime that are forcing them to be in conflict with the law.
Poverty is a major factor affecting problems that cause neglect of children. Among them are unemployed, both parents have to work, domestic violence, child abuse, lack of parent skills in parenting, divorce, early marriage, and working children;
Parent leaves their children in the homeland. For economic reasons, many parents are forced to work outside the homeland and left the children at home with an extended family;
·Economic factors are affecting the participation of children in education. Children are vulnerable to work and resulting to dropouts of school.
·The majority of street children working on the streets due to economic reason although still has a relationship with the family (children in the street).
·Children with HIV / AIDS are vulnerable to be neglected because of the stigma from society. They are vulnerable to be neglected by their families if the parents are deceased, have the difficulty in accessing health services or education. The number of housewives who occupy the highest percentage of the number of people living with HIV impact on child care. Nutritional and educational needs of children cannot be met with decent because parents with HIV/AIDS are unable to work, and children are vulnerable to separate from their parents because the parents are not able to do their parenting obligations.
·Disability on child or parent. Persons with disabilities have the economic vulnerability that affects the quality of care. However, no data or report that connects parents disabilities that affect child neglect. On the other hand, neglect often occur when the disability is in children. Child who was born a disabled child becomes susceptible to put into institutions, abandoned or neglected.
e.Another external factor caused by natural disasters and conflict
·Natural disasters. Indonesia is an area that has a large potential disaster from the tsunami, earthquakes, floods, landslides, or volcanic eruption. Disaster impacts the separation of children and parents because the parents are dead or can not be found anymore.
·The social conflict in Indonesia was motivated by conflicts over ethnicity, religion, race and intergroup like in the Moluccas, Sampit, or horizontal conflicts between state and society such as in Aceh or Papua. The impact of conflict on children is that children can be part of the conflict had become combatants, or also the victim, became refugees, loss of family and trauma.
III.Alternative Care for Children Without Parental Care
These neglected children mentioned above are vulnerable to loose parental care. For children loosing parental care, there are some alternative care that are available: 1) cared for by extended family or relatives, 2) care of other families inside / outside the country or so-called Adoption, 3) placed in the institution called LKSA ( child Social Welfare institution) or in orphanages, 4) for children in conflict with the law placed in Special Institutions Development of Children (LPKA), 5) and finally placed in educational institutions such as schools. Brief description will be presented on the situation of children in alternatie care as follow:
A.Children who are Cared for in Child Social Welfare Institution (LKSA)
VOA News in March 2015, states that Indonesia has the highest number per capita in the world in terms of the number of children living in care institutions. Director of Social Welfare of the Child at the Ministry of Social Affairs, Edi Suharto (2015) states there are more than five thousand orphanage in Indonesia, which supervision in the districts and provinces. Viewed from the data amount of children receiving social assistance through LKSA in 2015 there were 110,000 child beneficiaries.
Not all children who are in institutions are losing parental care, in the context of both parents died. The Ministry of Social Affairs Report in 2015 on the situation of children in Indonesia, said only 5% of orphans live in child social welfare institutions. As many as 24% of fatherless, 3% motherless and 60% of children still have both parents, living in care institutions, spread over 51,666 Institute of Social Welfare of the Child (LKSA). Reasons entrust the child at the orphanage is due to economic conditions / poverty and parents hope children get a better education at the orphanage. That is, there is a possibility the child will continue to live at the orphanage until the study ended.
A large number of orphanage/Social Institution scattered throughout Indonesia and the limits of government in monitoring and evaluation led to various risks that could harm the child. Survey in 2007 by Save the Children showed that the majority of orphanages restrict relations between a child and his or her family even hinder the relationship remains.
Children who are in LKSA also vulnerable receive inadequate care and vulnerable to violence handling and belittled by staff. Chairman of the Commission on Children, Aris Merdeka Sirait told kompas.com (2015) states that children who are in the orphanage are in a position vulnerable to both physical and sexual violence. This is because the perpetrators can hide behind the guise of service orphanage. This is supported by research by children who are in the orphanage (2007). Research conducted by these children describes their lives inside and outside the orphanage. Considered pleasant side of life many of them are friends, while the sad side, among others, is far from my family, the food was bad, the need to work and strict rules. School life is a dream of all children involved in the research, but also raises concerns about the future, among other things how they are doing after high school. This worries is reinforced by the limited support when they are in orphanages, relationships with families that do not close, and the absence of a friend in a home environment as well as orphanages.
Limitations of the government in monitoring and evaluation, making children living in orphanages or other LKSA becomes vulnerable to various risks and treatment of violence against the children. The synergy between the government and the private sector and the community is needed to protect children from an even worse situation.
B.Children Cared by Extended Family
In a condition where a child cannot get care direct care from the parents, the parenting role can be taken by his or her extended family. Cantwell and Holzcheiter (2008) in his review of article 20 of the CRC states that family environment is very important for children growing. Often the family environment is identified with the biological family. But, in a state where the child requires care beyond the biological family, extended family must also be seen as a solution that can be taken to bring a family environment for children.Extended Family have greater opportunities care with good empathy, and increase the number of children who grew up in the house.
Since 2011 the Ministry of Social Affairs Social Affairs issued Decree 30 / HUK / 2011 on the National Childcare standards for Children's Welfare Institution (LKSA). The decrees are reinforced by the Ministry of Social Affairs Regulation No. 21 of 2013 on Child Care. Both regulations regulate the importance of childcare in the family and alternative care. The policy change the role of the orphanage that previously limited to services for children in the institutions, driven into a party to seek the child back to the family and to prioritize support parenting in the family. If for some reason that care within the main family is not possible, the child can get alternative care such as through kinship, foster parents, guardians, adoption. The orphanage is a last alternative.
C.Children in Special Institutions Development of Children (LPKA)
Juvenile criminal justice System Act (SPPA) of 2012 came into force since July 31, 2014. In this Act, the principle used is restorative justice and diversion aiming to avoid and keep children out of the judicial process to avoid the stigmatization of children in conflict with the law and expected that children can get back into the social environment is reasonable (klinikhukum, 2015). Thus, the child is not placed in prison, except for children aged over 14 years, subject to a penalty more than 7 years. Children in conflict with the law will be placed in the Special Institutions Development of Children (LPKA). Besides LPKA, one area in these locations serves also as the "Temporary Institute for the Child Placement" (LPAS). Before the sentencing hearing, the litigant’s child will be in LPAS.
Data from the Directorate of Guidance Development of Society and Children Alleviation,Directorate General of Society Corrections said, in 2014 there were 3,276 children in conflict with the law which is 59.31% are forced to share space with adult prisoners. It is of course a negative impact, both physical and psychological development of children (Kemenkumham 2, 2015). LPKA and LPAS presence be the answer to protecting the rights of children in conflict with the law.
IV.Overview on Potential Violation of Children’s Rights
Alternative care are susceptible to occur violations of children's rights. The violations of the rights of children in alternative care include:
a.LKSA: parents cannot carry their primary responsibility to guide and nurture their children (Article 15), separated from parents (article 9), discrimination (article 2), the Best Interests of the Child is not prioritized (article 3), children vulnerable to receive violence, treated inhumanely and unappreciated (article 37-a), Kids do not get social security, health care and adequate child care (Article 26 & 18, paragraph 3), vulnerable to exploitation (Article 34 & 32).
b.LPKA: do not get the "fair court" (article 40), loss of independence (Article 37 (b) - (d)).
c.Cared for by extended family: Discrimination (Article 2) Children are vulnerable to receive harsh care, punishment or be degraded (Article 37 (a)), Loss of Parental Guidance (Article 15), Children do not always get a healthy living and adequate environment (Article 27), Children are vulnerable to receive exploitation (Article 32 & 34).
V.Obligations, Responsibilities, and Strategies of Duty Bearers
A. Regulation and Strategy for Child Protection and Care
There are child protection regulated in international agreement, national, to local level. International regulation on child protection are referred to the Convention on the Rights of the Children (CRC) that include comprehensive issue on child protection. In national level, legal regulation on child protection as the State obligations are made comprehensively in the last two decades with the effort to make ratification on various international treaties related to children’s rights.
Nevertheless, there are some areas are not covered and not all the international obligation are accommodated in the Indonesian law. Areas referred to among others are: lack of regulation on the corporal or physical punishment in all settings; limitation of the official definition of ‘emotional violence’ and ‘neglect’, as well as ‘insest’ linked with ‘rape’; regulation on the minimum of age to get married; and the lack of clear regulation that sated children involved in all forms of sexual exploitation should be treated as victims (UNICEF Indonesia, 2015).
In the provincial level, especially in the three provinces as the research site, many regulations are made related to the efforts in child protection and improvement of life quality of children and women, realizing child-friendly district, in several places there are even an initiative to develop a child-friendly village (kelurahan).
The direction of child protection policy developed in National Medium Term Development Plan (RPJMN) 2015-2019 are as follow:
·Strengthening the system of protection of children and women from various abuses, including the crime of human trafficking (TPPO), to undertake a variety of deterrence.
·Enhancing institutional capacity protection of children and women against violence and other abuses.
·Increased availability of legal aid services for marginalized groups.
The National Action Plan for Child Protection (RAN-PA) are more detailed elaboration on the implementation of the "National Medium-Term Development Plan" (RPJMN) from 2015 to 2019 to achieve the goals of development of child protection as stipulated in Presidential Regulation No. 2/2015 on RPJMN years 2015-2019. RAN-PA has been mandated by the Act 35 of 2014 on Chapter II of Article 21, paragraph 1, 2, and 3 as the state's obligation to respect, protect and fulfill children's rights. Therefore, RAN-PA contains coordination across sectors including non-governmental organizations and the business community in realizing the fulfillment of the rights and protection of children in Indonesia. At regional level, the RAN-PA can be developed into a Regional Action Plan (RAD) related to child protection and integrated with local government programs. In this case, the role of the Local Government and civil society is essential to carry out a fulfillment of rights and protections intended for children.
The main target RAN-PA is a child, which is based on Act 35 of 2014 on the Amendment of the Act No. 22 of 2003 on the Child Protection, are individuals aged 0 to 18 years before, including children who were in the womb. Intervention in the RAN-PA is divided into three categories based on the needs for the life cycle of the child's age, namely Foundations are Strong 1000 First Day of Life (0-2 years), "The Robust Pillar" in 10 Years Development (> 2-12 year), and the "Protects Roof" (> 12 - <18 years).
In national level, there are other policies regarding the strategies of child protection and care reflected in National Strategy for the Elimination of Violence against Children (Stranas PKTA) and National Action Plan for Combating Criminal Acts of Human Trafficking (RAN PTPPO).
B. Programs and the Role of Duty Bearer
The government is developing a comprehensive social protection system. There are social protection in the field of health, education, and welfare through Kartu Indonesia Sehat, Kartu Indonesia Pintar, Kartu Keluarga Sejahtera and Kartu Simpanan Keluarga Sejahtera.
The ministerial programs related with child protection and care managed by several departments such as Ministry of Social Welfare that has two large programs such as: (1) Assistance Program for LKSA, and (2) Program Keluarga Harapan (PKH).
Whereas in theMinistry of Women's Empowerment and Children Protection (PPPA), there are three strategic issues on the protection of children, namely: 1) Improved quality of life and child development; 2) Improved protection of children from violence, exploitation, neglect, and other abuses; and 3) Increasing the institutional capacity to fulfill the rights and protection of children. Improved quality of life and development of the child is not only seen from the physical aspect, but also non-physical as in creating a suitable environment for children. These strategies are developed into Child friendly city/district (KLA).
In District level, several government agencies are working together in tackling the issue of child protection with the details in each province in this study are:
(1)North Sumatera Province:
a.Social and Welfare Office
b.Bureau of Women Empowerment and Children (PPA), and Family Planning (KB).
c.Center of Integrated Service for Women and Children Empowerment (P2TP2A).
(2)Sikka District, Nusa Tenggara Timur
Local government is focusing to develop Child Friendly District. Local government is building partnership with all stakeholders working in Sikka to contribute in reaching the goal of Child-Friendly District, such as: 1) from NGOs: PLAN Internasional, WVI ADP Sikka, CHILD FUND, SOS Children’Village; 2) Multilateral organizations: UNICEF; 3) Religious body: Diocese.
(3)Central Java Province
a.Social Welfare Office: providing assistance outside the institutions such as for street children, children in conflict with the law, neglected children and PKH.
b.Bureau of Women Empowerment and Children (PPA), and Family Planning (KB).
c.Center of Integrated Service for Women and Children Empowerment (P2TP2A) Central Java Province located in all 35 district/city in the province.
C. Strategy and Program for Child Protection and Care from Non Government Organizations
Identification of actors or stakehoders contributing in prevention programs among others are LKSA & NGO. List of NGOs having family strengthening programs are: SOS Children’s Villages Indonesia, Plan Indonesia, World Vision Indonesia, Save the Children, and Yayasan Setara Semarang.
Whereas stakeholders contributing in handling cases of child protection, among others are: P2TP2A (Pusat Pelayanan Terpadu Pemberdayaa Perempuan dan Anak) in Central Java and Sikka, KPAID Sumatera Utara, Pusat Kajian dan Perlindungan Anak (PKPA) Sumatera Utara, Truk_F Kabupaten Sikka, NTT, andSave the Children. Organizations actively working in advocacy process such as: UNICEF and Save the Children.
Recommendations below are given can considering the competence of SOS Children’s Village Indonesia and analysis of the general situation of children to improve the situation of children at risk in losing parental care or without parenting care:
- Strengthening and improving family strengthening program to support vulnerable children who lost parental care in order to remain in the family environment.
- Develop strategic measures to make the reunification of children in alternative care, which is owned by SOS Children’s Village Indonesia with the consideration to strengthening the family and the extended family of the child, both in terms of economic and psycho-social.
- SOS Children’s Village Indonesia able to provides capacity building to the community to establish child protection system in the community.
- SOS Children’s Village Indonesia becoming members of working groups or forums for institutions that has a strategic program on the protection of children at national and regional level to coordinate child protection programs in order to form a synergy
- Supporting and or working with governments or other institutions in handling the issue of the numbers of children separated from their parents, including: poverty, violence against children, access to education and health care quality.
- Support the government in developing policies relating to child protection.