Accelerate Child Protection through Regional Government and CSO

Cooperation: Opportunities and Challenges

Ningrum Natasya Sirait

, and Rosmalinda

Faculty of Law, Universitas Sumatera Utara, Jl. Universitas No 4 Kampus USU, Medan, Indonesia

Keywords: Child protection, cooperation, local government, CSO.

Abstract: Cooperation is the best strategy for achieving goals. The Convention on the Rights of the Child (CRC) even

mentions in article 4 about the international cooperation that must be undertaken by state party of the CRC

to ensure the fulfillment of children's rights according to the CRC. This paper is the result of a research

conducted for 8 months involving local government organizations (OPD) and Civil Society Organizations

(CSO) children working in Sumatera Utara province. This study aims to determine the OPD and CSO

cooperation system in accelerating child protection in Sumatera Utara province. The research focus is on the

opportunities and challenges that arise in the collaboration of child protection by OPD and CSO. Literature

and field studies were conducted to obtain research objectives. The conclusion of this study is that OPD and

CSO must continue to cooperate in accelerating child protection based on the conditions of (1) limited

human resources, facilities and infrastructure in OPD (2) expansion of program coverage to all areas in

Sumatera Utara and (3) limited CSO funding to implement the program sustainable.

1 INTRODUCTION

Collaboration in fulfilling child rights is discussed at

all levels of legal products. The Convention on the

Rights of the Child (CRC) as a product of

international law regulates it in article 4 which states

that to ensure that State party do not find obstacles

in fulfilling children's rights in accordance with the

CRC, the State party can take legislative and

administrative steps to the maximum and if needed

carried out within the framework of international

cooperation (CRC, 1989). The 2016-2020 Document

Country Program Action Plan/CPAP is collaboration

between Indonesia and UNICEF. The document was

prepared with the aim of supporting the achievement

of development goals as stated in the 2015-2019

RPJMN which are synergized with the Sustainable

Development Goals/SDGS. Through this

collaboration, UNICEF is committed to helping the

Indonesian government fulfill children's rights

including improving survival, development,

maternal and child protection, health, education,

protection and justice for children

(www.bappenas.go.id, 2016).

Nationally, Indonesia has also taken legislative

steps in fulfilling children's rights in accordance with

the CRC, namely the amendment of Law No. 23 of

2002 concerning child protection to Law No. 35 of

2014 concerning the Second Amendment to Law

No. 23 of 2002 concerning child protection

(Undang-Undang Perlindungan Anak/UUPA) as

shown in the following table.

Table 1: The roles of the community/CSO in child

protection in Indonesia.

Law No. 23

of 2002

concerning

Child

Protection

(Article 72)

Law No. 35 of 2014 concerning

Amendments to Law No. 23 of 2002

concerning child protection (Article

72)

Paragraph

(1) The

community

has the right

to obtain the

widest

possible

opportunity

to play a

role in

protection

child.

Paragraph

Paragraph (1) The community

participates in the protection of

children, both individually and in

groups.

Paragraph (2) The role of the

Community as referred to in paragraph

(1) is carried out by individuals, child

protection institutions, social welfare

institutions, community organizations,

educational institutions, mass media,

and the business world.

Paragraph (3) The role of the

Community in the implementation of

Sirait, N. and Rosmalinda, .

Accelerate Child Protection through Regional Government and CSO Cooperation: Opportunities and Challenges.

DOI: 10.5220/0010096117111715

In Proceedings of the International Conference of Science, Technology, Engineering, Environmental and Ramiﬁcation Researches (ICOSTEERR 2018) - Research in Industry 4.0, pages

1711-1715

ISBN: 978-989-758-449-7

1711

(2) The role

of the

community

as referred

to in

paragraph

(1) is

carried out

individuals,

child

protection

institutions,

social

institutions,

non-

government

organization

educational

institutions,

religious

institutions,

business

entities, and

mass media.

Child Protection as referred to in

paragraph (1) is carried out by: a.

provide information through

socialization and education regarding

Child Rights and legislation concerning

Children; b. provide input in policy

formulation related to Child Protection;

c. report to the authorities if a violation

of the Rights of the Child plays an

active role in the process of

rehabilitation and social reintegration

of the Child; e. conduct monitoring,

supervision and take responsibility for

the implementation of Child

Protection; f. providing facilities and

infrastructure and creating a conducive

atmosphere for child development; g.

play an active role by eliminating

negative labeling of the victim's child

as referred to in Article 59; and h.

provide space for Children to be able to

participate and express opinions.

Paragraph (4) The role of community

organizations and educational

institutions as referred to in paragraph

(2) is carried out by taking the

necessary steps in accordance with

their respective duties, functions and

authorities to assist in the

implementation of Child Protection.

Paragraph (5) The role of the mass

media as referred to in paragraph (2) is

carried out through the dissemination

of useful information and educational

material from the social, cultural,

educational, religious and health

aspects of the Child by taking into

account the best interests of the Child.

Paragraph (6) The role of the business

world as referred to in paragraph (2) is

carried out through: a. company policy

with a child perspective; b. products

intended for children must be safe for

children; c. contribute to the fulfillment

of the Rights of the Child through

corporate social responsibility.

The amendment of the UUPA is based on efforts

to increase protection for children in Indonesia as

stated in Law No 35/2014 concerning child

protection (UUPA, 2014). The fact shows that in

2002, the Indonesian government had established an

integrated service center (Pusat Pelayanan

Terpadu/PPT). The formation of PPT is the

Government of Indonesia's response to women and

children who experience violence. PPT then turned

into an Integrated Service Center for Empowering

Women and Children (Pusat Pelayanan Terpadu

Pemberdayaan Perempuan dan Anak/P2TP2A).

In summary, the establishment of P2TP2A is a

manifestation of an integrated service mechanism, as

well as an overview of the integration of government

and society in dealing with women and children

victims of violence, which is reflected in the

structure and elements of P2TP2A management

(Perempuan, K., 2017). However, P2TP2A has not

been able to reduce the rate of violence against

children in the community both village and

kelurahan (KP3RI, 2016).

Since 2014, Sumatra Utara Province has

provincial regulation No. 3 of 2014 concerning the

Implementation of Child Protection (P2A). This P2A

regulation regulates the participation of the

community in article 23. The definition of the

community referred to in article 23 paragraph (1) is

an individual, child protection institution, social

organization, non-governmental organization,

educational institution, religious institution, business

entity and mass media (Perda Provsu, 2014).

This research is intended to find out the

opportunities and challenges of regional government

cooperation with CSOs in accelerating child

protection, especially in Sumatera Utara. In order to

achieve the answer of the main problem, there were

two research problems. Firstly, what are the

opportunities in local government cooperation with

CSOs to accelerate child protection? and what are

the challenges of regional government cooperation

with CSOs in accelerating child protection?.

2 RESEARCH METHODOLOGY

This research is descriptive normative research. Data

was obtained by conducting literature review and

field study. Literature Review is done with various

documents both online and manual. The

implementation of the research is limited to the

Sumatera Utara provincial administration. There are

two groups of research informants, namely local

government leaders or staff who become child

protection focal points in Sumatera Utara in

accordance with regional regulation No. 3 of 2014

concerning the implementation of child protection

and Civil Society Organizations (CSOs) who are

concerned with protection child in Sumatera Utara.

3 RESULT AND DISCUSS

Law No. 35 of 2014 concerning Amendments to

Law No. 23 of 2002 concerning child protection has

ICOSTEERR 2018 - International Conference of Science, Technology, Engineering, Environmental and Ramiﬁcation Researches

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clearly stated in Article 72 about the role that can be

carried out jointly between the government and the

community, including CSOs (UUPA, 2014).

Ministry of Religion P3A which is currently

aggressively carrying out community movements

that work in a coordinated manner in preventing and

responding quickly in the event of violence in the

village/kelurahan community. This movement is a

Community Based Integrated Child Protection

(PATBM) movement. The PATBM movement is

carried out by PATBM activist groups from the

community according to the definition of Law No.

35 of 2014 concerning the amendment of Law No.

23 of 2002 concerning child protection, namely

individuals, child protection institutions, social

welfare institutions, community organizations,

educational institutions, mass media, and the

business world.

3.1 Opportunities in Regional

Government Cooperation with

CSOs in Accelerating Child

Protection

Based on field research, information was obtained

which confirmed the contents of Article 25 of

Regional Regulation No. 3 of 2014 concerning the

implementation of child protection in Sumatera

Utara Province in relation to opportunities for

regional government cooperation with CSOs in

accelerating child protection. The CSO definition

which used in this refers to the term used in 2007-

2008 by a group of experts on CSOs and the

effectiveness of assistance. Furthermore, this

definition is used by the Organization for Economic

Co-operation and Development's (OECD)

Development Assistance Committee (DAC) or

abbreviated as OECD DAC (Tomlinson, 2013).

CSOs are defined to include all non-market and non-

state organizations outside the family where people

organize themselves to pursue common interests in

public areas for example including community-

based organizations and village associations,

environmental groups, women's rights groups,

farmer associations, organizations religion-based,

trade unions, cooperatives, professional associations,

chambers of commerce, independent research

institutions and not-for-profit media.

Thus the definition of CSO here is not limited to

Non government organizations (NGOs) or known in

Indonesian as Non-Government Organizations

(NGOs). The definition of CSO here includes the

definition of the community mentioned in Law No.

35 of 2014 concerning the amendment of Law No.

23 of 2002 concerning child protection and the

Sumatera Utara provincial regulation No. 3 of 2014

concerning the implementation of Child Protection

namely child protection institutions, social welfare

institutions, community organizations, educational

institutions, mass media, and the business world.

One government agency which is also a child

protection focal point stated that the child protection

program carried out by local government

(Organisasi Pemerintah Daerah/OPD) is currently

purely from the state budget (Anggaran Pendapatan

Belanja Negara/APBN and Anggaran Pendapatan

Belanja Daerah/APBD). However, in fact, various

activities carried out can be done by collaborating

with CSOs in Sumatera Utara. One case whose

handling is often carried out jointly between the

government and CSO is trafficking. Some writings

state that government and CSO cooperation is

carried out on prevention programs by socializing

the modus operandi of trafficking (Minin, 2011).

Other writings mention that government cooperation

not only involves CSOs but also UN institutions

such as the International Organization for Migration

(IOM) in the identification and handling of victims

of trafficking (Arif, 2016).

Information related to government cooperation

with IOM on trafficking issues was also found in a

study entitled "effective international funding in the

implementation of the fulfillment of children's

rights". The research informant, the Sumatera Utara

provincial social affairs agency (Dinsos) stated that

in 2016, after landing the roghy refugee ship in Aceh

Province, a number of minor unaccompanied were

in the province of Sumatera Utara to get services

related to their rights to life (UNHCR Indonesia,

2016). The Sumatera Utara provincial social service

collaborates with IOM to provide shelter for minor

unaccompanied. Besides collaboration with IOM,

the social service also cooperates with CSOs that

provide activities for minor unaccompanied at the

Social Service Office of Sumatera Utara province.

Another opportunity that can be done in the

collaboration between regional governments and

CSOs is through the Regional Technical

Implementation Unit (Unit Pelaksana Teknis

Daerah/UPTD) of the Integrated Service Center for

the Empowerment of Women and Children

(P2TP2A) under the P3A Service. UPTD P2TP2A is

a direct service provider, currently P2TP2A in

collaboration with child CSOs in Medan provide

direct services for children in Sumatera Utara.

P2TP2A does not only provide services to the

victim's child but also the child as the perpetrator

and witness in a legal case. P2TP2A is even actively

Accelerate Child Protection through Regional Government and CSO Cooperation: Opportunities and Challenges

1713

involved in the Child Protection Network (JPA) in

the province of Sumatera Utara. (Interview, June

2018). Furthermore, opportunities for government

and CSO cooperation can be seen in the book of

PATBM activities that offer more than 6o activities

that can be carried out jointly by the government of

groups of children, families and CSOs. The activities

included: (a) stop campaign of violence against

children (b) formation of children's forums in the

regions, villages/kelurahan, (c) reproductive health

education for children (d) commemoration of

children's day (e) campaign village/kelurahan free of

child labor (f) socialization of the Convention on the

rights of the child (g) prevention of child marriage

and so on.

3.2 Challenges of Cooperation between

Local Governments and CSOs to

Accelerate Child Protection

Article 74 of Law No. 23 of 2002 concerning Child

Protection previously reads Article 74 in order to

improve the effectiveness of child protection, with

this law an independent Indonesian Child Protection

Commission is established. This article underwent

changes as stipulated in article 74 of the UUPA to be

(1) in order to increase the effectiveness of

supervision of the implementation of the fulfillment

of the rights of the child, with this Law an

independent Indonesian Child Protection

Commission is established. (2) In case it is needed,

the Regional Government can form a Regional Child

Protection Commission or other similar institution to

support the supervision of the implementation of

Child Protection in the area. "

The mandate of article 74 of the BAL can be

found in Article 21 of the Sumatera Utara provincial

regulation Number 3 of 2014 concerning the

Implementation of Child Protection which states that

(1) To realize the implementation of child protection

in Sumatera Utara, the Regional Child Protection

Commission of Sumatera Utara was formed

independent; and (2) Formation, Main Tasks and

Functions, Secretariat, Organizational Structure,

Work Mechanism, Supervision, and Financing of the

Commission for the Protection of Indonesian

Children in Sumatera Utara Province are further

regulated by Governor Regulation.

The first challenge of regional government

cooperation with CSOs to accelerate child protection

in the province of Sumatera Utara can be seen from

research findings related to the existence of the

Regional Indonesian Child Protection Commission

(Komisi Perlindungan Anak Indonesia

Daerah/KPAID) of Sumatera Utara. Unfortunately,

when this research was carried out KPAD Sumatera

Utara Province has been inactive since the beginning

of 2017 based on the statement of the Head of

Women's Empowerment and Child Protection of

Sumatera Utara Province contained in an online

newspaper in Medan (Harian online Berita sumut,

2017).

“...We will evaluate the existence of this

Sumatera Utara KPAID, we will coordinate

immediately to the central KPAI. However, for

the public complaints service to the problems of

children we still serve our UPT namely UPT

Empowerment of Women and Children... "

The challenge with the absence of KPAID in the

province of Sumatera Utara must be a common

concern. First, Sumatera Utara KPAID is a form of

government and community cooperation including

CSOs. Furthermore, persons who registered to the

KPAID recruitment process are people who have a

concern for children including academics, advocates

and activists active in CSOs.

The second reason is that the absence of KPAID

must be a common concern is the basis for

consideration of KPAID's non-activeness in the form

of a Decree of the Minister of Home Affairs

regarding the cancellation of the Sumatera Utara

provincial regulation No. 3 of 2014 concerning the

implementation of child protection. In the ministerial

decree it was stated that Perda Number 3 of 2014

was contrary to the higher laws and regulations, in

which article 26 paragraph (1) of the intended

regional regulation contradicted the implementation

of child protection as amended in Law Number 35 of

2014, that supervision the implementation of child

protection is one of the tasks of KPAI not KPAID.

[8] Likewise, article 27 of the regional regulation

referred to also contradicts attachment II number

118 and number 121 of Law Number 12 of 2011

concerning the establishment of legislation.

Today's facts show that the Sumatera Utara

provincial regulation Number 3 of 2014 concerning

P2A has undergone changes in accordance with the

Sumatera Utara Provincial Regulation Number 9 of

2017 concerning Amendments to the Sumatera

Utara provincial regulation Number 3 of 2014

concerning the Implementation of Child Protection.

Perda No 9 of 2017 contains two things, namely: (1)

abolishment of article 26 paragraph (1); and (2)

Article 26 is amended so that every person who

violates the provisions as referred to in articles 22

and 23, shall be sentenced to imprisonment as

referred to in the legislation.

The existence of the Sumatera Utara Provincial

Regulation Number 9 of 2017 concerning

Amendments to the Sumatera Utara provincial

regulation Number 3 of 2014 concerning the

Implementation of Child Protection returns the need

ICOSTEERR 2018 - International Conference of Science, Technology, Engineering, Environmental and Ramiﬁcation Researches

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to present KPAID in accordance with the mandate of

the Sumatera Utara provincial regulation No. 3 of

2014 concerning P2A Article 21 discussed above.

Another challenge found in the field is the limited

human resources both in the OPD such as the P3A

Service and the Social Affairs Office, which has

resulted in limited service delivery provided by the

OPD. The same situation also occurs in CSOs, so

this limitation is a challenge for both parties to

establish cooperation in child protection. Examples

of cases submitted by informant during in-depth

interviews are trafficking cases. When the victim's

child will be returned to his home region, from the

government side, she does not have anyone who has

time to accompany the child during the trip until re-

integration. On the other hand, CSOs who find

trafficked children have no funds to return trafficked

children to their origin. For this reason, coordination

between CSOs and local governments is needed,

both the destination and victims.

4 CONCLUSIONS

The conclusions of this study are, firstly, the

opportunity for collaboration between the

government and CSOs is made possible by the

regulation of Law No. 35 of 2014 concerning

amendments to Law No. 23 of 2002 concerning

child protection, especially article 72. Regionally,

the same arrangements are regulated in provincial

government regulations Sumatera Utara No. 3 of

2014 concerning the implementation of child

protection. Secondly, cooperation between OPD and

CSO in the fulfillment of children's rights includes

the implementation of prevention and handling

programs for child victims of violence. At present,

various forms of government cooperation and CSOs

are offered in PATBM strategies developed by the

Ministry of Foreign Affairs at the village / outreach

level. Meanwhile the challenges that exist in

government and CSO cooperation in accelerating

child protection in Sumatera Utara are among others,

firstly, the absence of KPAID as a commission that

contains officials from various backgrounds

including CSOs. Secondly, limited human resources,

facilities and infrastructure for CSOs and OPDs on

the one hand and the extent of program coverage

that takes place in the entire region of Sumatera

Utara and (c) the limited funding of both OPD and

CSO to implement sustainable programs.

ACKNOWLEDGEMENTS

We would like to thank the Research and Service

Institute of Universitas Sumatera Utara who

supported the authors to implement research

program through TALENTA research scheme of

Fiscal Year 2018 based on the Rector Letter

Number: 433 / UN5.1.R / SK / PPM / 2018.

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