Exploitation and Child Violence in Indonesia

(Refers to: topik SDG's ke-16: Peace, Justice and Strong Institutions from Pancasila’s
Perspective)

Arranged by:

JAKA KANU ABIMANYU ANANDA WIBISANA

140710170037

Geophysics

Faculty of Mathematics and Science

University of Padjadjaran

Main Street of Bandung-Sumedang KM 21 Jatinangor

Sumedang, West Java 45363

ABSTRACT
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Name: Jaka Kanu Abimanyu Ananda Wibisana

NPM: 140710170037

Subject/Faculty: Geophysics/Faculty of Mathematics and Natural Sciences

Paper Title: Exploitation and Child Violence in Indonesia

The high number of sexual harassment against children is so overwhelming and be a massive
troubles nowadays. From the database in 2017, The Commission of Child Protection in
Indonesia (KPAI) recorded cases involving sexual violence as many as 116 cases. Related to
that cases, KPAI is normative, has the authority to act as a child's protector in overcoming
cases of sexual violence against children. This can be seen in Article 76 of Constitution No. 23
of 2002 about Child Protection, KPAI has some function and tasked with: accepting public
complaints, reviewing, monitoring, evaluating and supervising child protection violations.
However, to handling some cases of violence that occur towards the childrens, KPAI often just
be passive, and most visible thing KPAI often left behind by other non-governmental
organizations in handling cases of sexual violence against children.

In carrying out its duties, of course KPAI suffered of many obstacles. The obstacles and
challenges that faced KPAI are: a) Legal Standing of KPAI Case Handling, b) Child Protection
has not become a Major Priority for the Government of Indonesia, c) Lack of KPAI
Information Database, d). The lack of understanding of the community, law enforcement and
stakeholders in the framework of the protection of the rights of the child that becomes an
obstacle for KPAI, e). Lack of education on the economic impact on the dangers of child
exploitation, and f). The lack of awareness to many parents about the impact of violence on
the child's psychological condition.

There are several important notes in this paper. KPAI, which has collected data,
information, received public complaints, re-examined cases received, monitoring, evaluated
and supervised anything. As stated in the 1945 Constitution Article 28 B(2) states that: "Every
child has the right to survival, growth and development, and entitled to protected from the
violence and discrimination". However, the efforts of children protection in overcoming cases
of exploitation and violence in children conducted by KPAI will not run smoothly without any
cooperation between KPAI, government agencies and the people of Indonesia.

Keywords: The Commisions of Child Protection in Indonesia, KPAI, Child

exploitations, Child violence

FOREWORD

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 In the name of Allah SWT, the most merciful and I praise and thanks to Allah which has
bestowed on His grace, blessings and guidance to me so that I can finish this SDG's paper
with the title "Exploitation and Child Violence in Indonesia" with refers to the 16th issue of
Sustainable Development Goals (SDG's), Peace, Justice and Strong Institutions.

This SDG's paper was arranged with all efforts by sourced to various references on this topic,
notes or summaries of the material slideshows that have been given by lecturers during the
SDG's class. Therefore, through this I would like to express my big thanks to all those who
have contributed in making this paper.

Apart from many things, I realize that there are still many shortcomings in terms of both sentence
and grammar. Therefore I accept all suggestions and criticism from readers so that I can improve this
paper, and of course to make this paper to be better to be read.

Finally I hope this SDG's paper entitled "Exploitation and Child Violence in Indonesia" can provide
benefits and give many inspirations to the reader.

Sumedang, December 2017

Author

TABLE OF CONTENTS

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COVER........................................................................................................................................1

ABSTRACT.................................................................................................................................2

FOREWORD...............................................................................................................................3

TABLE OF CONTENTS.............................................................................................................4

CHAPTER I INTRODUCTION

A. Background.......................................................................................................................5

B. Problem Formulation........................................................................................................5

C. Purpose.............................................................................................................................5

D. Benefits............................................................................................................................6

CHAPTER II DISCUSSION

A. Violence and Exploitation of Children by Pancasila and the 1945 Constitution................7

B. Causes and Types of Violence and Child Exploitation.......................................................8

C. Main Duties and Functions of the Commission for the Protection of Indonesian Children
(KPAI) in Handling Violence and Exploitation in Children............................................12

D. Psychological Impact of Children Due to Violence and Exploitation..............................12

CHAPTER III CLOSING

A. Conclusion.....................................................................................................................13

B. Suggestions....................................................................................................................13

BIBLIOGRAPHY......................................................................................................................14

CHAPTER I
INTRODUCTION

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A. Background

We often heard from various news about violence against children or child trafficking in
the region of Southeast Asia, especially Indonesia. Based on data of public complaints to the
Indonesian Child Protection Commission (KPAI), 26,954 cases of child abuse were found,
with 116 cases of sexual violence in the last 7 years. Meanwhile, based on ECPAT Indonesia
data from September 2016 up to September 2017, 508 children have been victims of
Commercial Sexual Exploitation of Children (CSEC) in Indonesia, with 67% of them
occurring to girls. In many cases, boys or girls are often promised to work as migrant workers,
domestic workers, restaurant workers, shopkeepers or unskilled jobs but are then forced to
work in the sex industry when they arrive at their destination. In other cases, many girls know
that they will enter the sex industry but they are deceived by the conditions of work and they
are restrained under duress and not allowed to refuse to work.

Indeed, according to data on a global scale Indonesia's violence against children in

Indonesia is low, but basically cases of violence against children in Indonesia are very high
within ASEAN. This shows that the government still has a lot of deficiencies in protecting
children.

B. Problem Formulation

1. Is there an explanation of the state's obligation to violence against children according

to the basic perspective of the Indonesian state, namely Pancasila and the 1945 Constitution?

2. What are the causes and types of violence and exploitation of children in Indonesia?

3. What are the impacts of violence and exploitation of children on the psychological side
of children?

C. Purpose

1. As a reminder that the rate of violence against children in Indonesia is still very high,
and we, together with the KPAI and the government must be in one arms to protect them.

2. Knowing the main duty and function of KPAI.

3. Knowing the psychological impact of children who experienced violence.

D. Benefits

It is hoped that this SDG's paper can provide benefits, among others:

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 1. Makes more people aware that any child abuse is the responsibility of all persons who
must be reported to the authorities without exception.

2. Guiding the parents to be more protective in taking care of their children.

3. Reduce the issue of violence and exploitation of children in Indonesia.

CHAPTER II
DISCUSSION

A. Violences and Exploitation of Children based of Pancasila and the 1945 Constitution
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 • Definition of children according to the 1945 Constitution.

According to Law No. 23 of 2002 on Child Protection, a child is a person not yet 18 years
of age, including a child still in the womb. According to the law, the child is anyone who is not
yet 18 years of age, unmarried, and includes a child still in the womb. Means, children are
very vulnerable to the dangers of violence or exploitation considering the protection of
children has started since in the womb until the age of 18 years and is considered mature.

1. Violence against children

Violence against children is all intentional or intentional actions that can damage the
child either in the form of physical, mental, social, economic or sexual attacks that violate
human rights and contrary to the values and norms in society. Any form of violence against
anyone is a violation of the 2nd principle of Pancasila, namely "Just and Civilized Humanity".

● The Law on Violence Against Children

According to Child Protection Act No. 23 of 2002, Violence against children in the sense
of violence and neglect of children are all forms of physical and emotional pain, sexual abuse,
neglect, commercial exploitation or other exploitation that result in real or potential injury or
harm to health children, child survival, child development, or the dignity of children or power.

2. Exploitation of children

The definition of child exploitation according to experts is an arbitrary and discriminatory

act against children committed by the community or family with the intention of forcing the
child to do something without regard to the child's rights such as his physical and mental
development.

● The Law on Child Exploitation

This has been regulated in the Law of the Republic of Indonesia number 10 of 2012 on
"OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD ON
THE SALE OF CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY"
which has been ratified by the President of the Republic of Indonesia to-6, namely Susilo
Bambang Yudhoyono. By focusing on points a through c, this law contains:

a. that the child has the right to be protected from economic exploitation and to work in
any work that harms or interferes with the child's education, undermines the physical, mental,
spiritual, moral, and social development of the child;

b. that child selling, child prostitution, and child pornography are crimes against
humanity that must be eradicated;

c. that Indonesia as part of the international community must actively participate in order
to prevent, combat, and punish offenders of child prostitution and child pornography as
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embodied in the Optional Protocol to the Convention on the Rights of the Child on the Sale of
Children, Child Prostitution and Child Pornography.

Violence or exploitation of children means violating two points of Pancasila points, such
as point number 4 which reads "Not arbitrarily against others" and point number 5, namely
"Uphold the value of humanity".

Criminal provisions in respect of persons exploiting children may be found in article 88

paragraph (1) of the Child Protection Law which states: "Anyone who exploits the child's
economic or sexual economy with the intent to benefit himself or others, is punished with a
maximum imprisonment of 10 years and / or a fine of up to Rp 200,000,000 ".

B. Causes and Types of Violence and Child Exploitation

A. Child Abuse

A.1. Causes of Violence in Children

Many things that cause violence occur in children, both internal and external, among
others as follows:

a. The background of the past, a person who has experienced violence in his childhood
will tend to do-things that have happened to him to others.

b. Experienced with severe stress and lack of support. Most parents who do not get
support from family, relatives, friends, and others will often experience severe stress and
ultimately vent to their own children.

c. Parents have a tendency to alcohol and drugs. Parents who are dependent on alcohol or
drugs tend to be unable to control their own emotions so as to have a great chance of torture,
not to mention their own children.

d. Poor family economic condition

e. Not harmonious circumstances in marriage. Often the occurrence of domestic violence

(KDRT) to make children mentally tormented, and not infrequently parents make the child as
a place of emotional outlet.

A.2. Types of Violence in Children

Types of child abuse affect many aspects in which there are physical, mental or emotional
abuse of children.

1. Physical Abuse

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 Forms of physical torture such as pinching, beatings, slaps, kicks, burns, and other
physical actions that can harm children. Most parents perceive physical violence as a form of
disciplining children in the hope that children can learn to behave properly.

2. Sexual Abuse

Sexual harassment is an act whereby a child may engage in sexual activity, without
knowing it does not understand what it means and is unable to say what it receives.

3. Child Neglect

That is a form of child violence that has a passive nature, in the form of negating the
adequate attention both in the form of physical, emotional, or social.

4. Emotional Abuse

What is meant by emotional torture here are all actions taken to underestimate and
demean the child's self-esteem. This makes the child less confident or valuable to be loved and
loved.

5. Rejection

In general, this nature is done by parents who consciously or not cause a sense of
rejection of the existence of children and will result in making children feel undesirable. For
example, calling a child with an inappropriate name, refusing to speak to a child, refusing to
have physical contact with a child, blaming a child, slandering a child, even the worst of
having children to leave home.

6. Parents Behave

Attitudes like this are usually due to parents who are having problems inside emotional
fulfillment that makes him unable to respond to the emotional needs of the child, or because
parents are more interested in mobile or life in social media than their own. This is indicated
by the presence of disinterest in children, not showing affection to children, and even failing to
recognize the presence of the child so that later will give a negative influence in child growth.
Some examples of neglect behaviors are not showing attention when the child's important
moment, regardless of the child's activities, not responding to spontaneous behavior of
children while in the social environment, not providing health care when needed, not entering
the child's daily life, and so on.

7. Give Terror to Children

Threatening, yelling, to uttering abusive words in children will give a serious enough
effect in the child's psychological. This will make the child experience fear and feel
intimidated. This attitude of terror can be shown in screaming, screaming, swear words,
scaring, to threats in the form of words that are quite extreme.
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 8. Alienate the Child

Not allowing children to engage in social activities, confinement at home, keep children
away from the family environment, demand children to learn excessively and not to stimulate
anything related to their growth to enter into emotional violence. This will ruin the child's life
and psychic indirectly, depending on the situation, the intensity and the severity.

9. Influence the child

Giving a bad influence is to show things that are negative in front of the child directly.
Some examples of attitudes that adversely affect children are praising children for
misbehaving others, teaching children to be racist and encouraging children to be rude to
others

B. Exploitation of children

B.1. Causes Child exploitation

Here are some factors that cause child exploitation, based on research from KPAI:

1. Economics

Economic factors are the most important cause, and become a compulsion for those who have
no cost to continue their schooling and meet their daily needs. Some of these child labor cases
occur in lower middle-class families.

2. Environment

Circumstances in the environment are also the main factors driving the exploitation.

3. Education

People with limited education have fewer skills / skills and job opportunities and they are
more easily exploited because they migrate for jobs that do not require expertise. Lack of
knowledge about the dangers of child exploitation (in the case of sexual as well as non-sexual)
and not knowing the ways used to deceive or trap them in arbitrary jobs such as slavery.

4. Culture

The occurrence of child exploitation is also encouraged by the existence of human behavior
that is now a culture such as early marriage to pay off debt. These factors also contribute
substantially to the occurrence of child exploitation practices.

5. Weak Enforcement and Legal Protection

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Law enforcement and protection in Indonesia against children is still very weak. As a result,
the perpetrators of child exploitation cases increasingly widespread circulating. Therefore,
economic improvement and law enforcement must be done simultaneously to save Indonesian
children from the dangers of exploitation.

B.2. Types of Exploitation in Children

ECPAT (End Child Prostitution in Asian Tourism) International, has divided into five types,
namely:

1. Child prostitution: Occurs when a person takes advantage of a commercial transaction in

which a child is provided for sexual purposes.

2. Child pornography: involves a child in any performance in any way in a real or explicit
sexual activity, with the aim of presenting a child's body part for the purpose of visual
enjoyment.

3. Trafficking or trafficking of children to place children in situations of serious exploitation

such as forced prostitution.

4. Child sex tourism or Commercial Sexual Exploitation of Children (CSEC). Conducted by a

person traveling from a distant place to another and where the children are treated as sex
slaves.

5. Child marriage is a marriage involving children and adolescents under the age of 18
years. Early marriage may be considered a form of commercial sexual exploitation if a child is
accepted and exploited for sexual purposes in order to obtain goods or payments in the form of
money or services. In this case that often happens is forced marriage for the sake of debt.

C. Main Duties and Functions of the Commission for the Protection of Indonesian
Children (KPAI) in Handling Violence and Exploitation in Children

Article 74 of the Law on Child Protection is formulated "In order to improve the effectiveness
of the implementation of child protection, an independent Indonesian Child Protection
Commission is established".

In Article 76 of the Child Protection Law, the main task of KPAI is explained as follows:

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a. socialize all laws and regulations related to child protection, collect data and information,
receive public complaints, conduct review, monitoring, evaluate and supervise the
implementation of child protection.

b. provide reports, suggestions, inputs and considerations to the President in the context of
child protection.

D. Psychological Impact of Children Due to Violence and Exploitation

1. Mental instability. This contributes to mental problems from childhood to adulthood. Mental
disorder also affects depression, anxiety or PTSD (Post Traumatic Stress Disorder).

2. Suffering from a mental disorder.

3. Suffer PTSD (Post Traumatic Stress Disorder). Symptoms of PTSD have a close
relationship with violence in a child's growth environment. After the child begins to mature,
the results show that boys will become more aggressive and girls will become more depressed.

4. Influencing children's growth. Violence and exploitation will affect the various stages of
early childhood development, including neurological, physical, emotional and social
development that lead to problems that require adjustment.

5. Lack of security. Violence leads to a decrease in confidence in children and makes it very
scary to meet others.

6. Vulnerable to aggressive nature. For a child who is facing a life of stress every day, he
shows an aggressive attitude because it will make him much safer.

7. Always anxious. The child will be afraid if the surrounding environment gives a negative
response to what he is doing.

8. Bermental as a victim. The child will often position him as a victim, even if he is not
mistaken.

9. Violence. Often children take revenge for a form of violence they receive.

CHAPTER III
CLOSING

A. Conclusion

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 The conclusion that we can draw from the discussion in this paper is the violence and
exploitation of children is a problem that is driven by intermal factors and external factors,
either from within the family itself or from the surrounding environment. It is the duty of
every parent to nurture, care for and care for the child, but in reality there are still many
parents who do not care about their children and make the child as an outlet of emotion. There
are still many children who become victims of domestic violence and broken home to be
disturbed focus to learn because it always be impingement or disturbed thoughts for thinking
about what happened in his house. Child exploitation can occur due to orders from the child's
parents who are motivated by debt winding and lack of finances to meet family needs. The
government, which in this case is assisted by KPAI, ECPAT and the community, of course, is
trying to remove the rope that tied happiness and smiles on the face of every Indonesian child.

B. Suggestions

KPAI has so far helped to rescue the depressed Indonesian children under violence and
brought into the flow of exploitation, and it deserves appreciation. But unfortunately there are
still many cases of violence that are not known by the authorities. To that end I suggest that the
Indonesian Child Protection Commission further improve the safeguards with the aim of
prevention and for the people who see a person who trafficked a child or saw a child involved
in violence within a household is expected to immediately report it to the nearest authorities.
All layers of society must be protected each other until every child in our motherland,
Indonesia, can smiling brightly again.

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