Reposition of Child Protection Through the Enforcement of Human Rights and Constitutional Rights

Abstract

The number of violations of children’s rights in the form of exploitation and violence against children is increasing in Indonesia. The increase is due to the lack of understanding of children’s rights from related parties. Repositioning children’s rights is needed because children need a specific right and specific protection under a specific human rights framework, so that they do not lose power when establishing relationships with adults; where at this point, children are very vulnerable to treatment discriminatory. The repositioning of children’s rights is carried out by making a protection and enforcement of human rights as guaranteed constitutional rights, which is based on the understanding that human rights are human rights in toto and not merely as an individual’s legal rights in their capacity as legal subjects that are legally listed in the applicable law. The failure of the government to carry out this obligation is violation by omission.

Socio-Legal Study of Community Participation in Restorative Justice of Children in Conflict with the Law in Indonesia

“…The settlement for juvenile justice as found in Minangkabau and Dayak societies was also in line with the theoretical perspectives proposed by Van Ness & Nolan (1998) regarding the restorative justice to simplify the process that a child who conflicts with the law must go through; protect the rights of victims and perpetrators; minimize the negative impact on the criminal justice process that has been undertaken for children in conflict with the law, and involve community participation in law enforcement. These findings also support Davies & Robson (2016) and Trihastuti & Putri (2020) that specifically underlines the importance of repositioning children's rights in various legal cases through the application of fair juvenile courts. Lastly, the findings denote the importance of local wisdom and recognition of legal pluralism in juvenile justice that deemed capable of providing nonlegal measures in juvenile justice cases in their decision (Griffiths 1986;Masinambow, 2003;Menski, 2006;Friedman, 1975;Nasikun, 1974;Riggs (1964;Levin & Nave 2007;Zulfa, 2011).…”

The Urgency of Child Protection in Realizing Cities Child Based: Concept and Manifestation

“…Not only that, looking at the criteria and clusters that have been set, it can be said that the city is worthy of children, so the most important thing is to first build coordination and awareness in the community to realize how important the protection and fulfillment of children's rights is, even though there are parties parties involved in it are involved such as the business world and also the media, but without the support of the community, a child-friendly city cannot be formed, so it can be said that the community must play an active role and work together in building and educating the protection and health insurance. as well as access to education for children, and always protect children from all actions that would threaten their safety and endanger them, so that it can be said that a child-friendly city will be based on child-friendly and caring for children in the best interests of the child (Trihastuti, 2020).…”

Restorative Justice in Indonesian Law on Juvenile Criminal Justice System and Its Implications for Social Work

“…However, this special treatment for ABH does not mean that there is preferential treatment for children, especially when compared to adults. However, it is more due to differences in needs so that the treatment that must be given is also different, for example the needs of adults in education may have been fulfilled, while children have not been fulfilled so that treatment of children cannot be the same as treatment of adults (Trihastuti & Putri, 2020). The principle is to fulfill the needs of each person based on the principle of justice.…”