Scribd Logo
Загрузить

Добро пожаловать в Scribd!

  • Uu 23 2002e

    Загружено:

    Sarah Eliza Aishah
    3 просмотров17 страниц
    uu 23 tahunn 2002

    Оригинальное название

    UU_23_2002E

    Авторское право

    © © All Rights Reserved

    Доступные форматы

    PDF или читайте онлайн в Scribd

    Этот документ был вам полезен?

    Это неприемлемый материал?

    Пожаловаться на этот документ
    uu 23 tahunn 2002

    Авторское право:

    © All Rights Reserved
    Скачайте в формате PDF или читайте онлайн в Scribd
    Отметить как неприемлемый контент
    3 просмотров17 страниц

    Uu 23 2002e

    Загружено:

    Sarah Eliza Aishah
    uu 23 tahunn 2002

    Авторское право:

    © All Rights Reserved
    Скачайте в формате PDF или читайте онлайн в Scribd
    Отметить как неприемлемый контент
    из 17
    CHILD PROTECTION (Law No. 23/2002 dated October 22, 2002) BY GRACE GOD THE ALMIGHTY ‘THE PRESIDENT OF THE REPUBLIC OF INDONESIA, Considering: 2. that the Unitary State of the Republic of Indonesia guarantees welfare of every citizen, including child protection which constitutes human right; that child is mandate and bless of God the Almighty, wherein status and dignity as the whole human is attached; ., that child is @ sprout, potential and young generation continuing desires of the national struggle, plays strategic role and have spécific characters and nature that guarantee the continuous existence of the nation and state In the future; 4G. that in order to enable every child to hold the responsibility in the future, the child need to obtain opportunities as wide as possible to grow and develop optimally, both in physics, mentality and social aspect, and have noble conduct and efforts to protect as well as to realize child welfare needs to be made by providing guarantee for the fulfilment of their Fights and non-discriminatary treatmer . that in order to realize child protection and welfare, institutional support and legislation that can guarantee its imple- mentation are needed; f. that various avs have only regulated certain aspects of child and have not yet regulated the whole aspects related to child protection; 9. that based on the considerations in letters a, b, c, d, e and f, child protection law needs to stipulated; In view of: 1, Article 20, Article 20 parayravh (1), Article 21, Article 288 paragraph (2) and Article 34 of the Constitution of 1945; Business News 6855/27-12-2002 2a Law No. 4/1979 on child welfare (Statute Book of 1979 No, 32, Supplement to Statute Book No. 3143); Law No. 7/1984 concerning convention on the elimina- ton of all forms of discrimination against women (Stat- tute Book of 1984 No. 28, Supplement to Statute Book No. 3277); Law No, 3/1977 on child tribunal (Statute Book of 1997 ‘No. 3, Supplement to Statute Book No. 3670); Law No, 20/1999 on ratification of ILO convention No. 138 conceraing minimum age for admission to employ ent (Statute Book of 1999 No, 56, Supplement to Stat ute Book No, 3835); Law No. 39/1999 on human rights (Statute Book of 1999 No, 165, Supplement to Statute Book No. 3886); Lew No. 1/2000 on ratification of ILO convention No. 182 concerning the prohibition and immediate action forthe elimination of the worst forms of child labor (Stat- ‘ute Book of 2000 No, 30, Supplement to Statute Book No. 3941); With the approval of ‘THE HOUSE OF REPRESENTATIVES To stipulate: ‘THE LAW ON CHILD PROTECTION CHAPTER T GENERAL PROVISION Article 1 Referred to in this law as Giild is someone not yet reaching 18 (eighteen) years ld, including child stil in uterus, Child protection ‘is all activities to guarentee and pro- tect child and their rights s0 as to able to survive, grow, Gevelop and participate optimally in accordance with the human status and dignity as well as to obtain protection from violence and discrimination . Family isthe smallest unit in the society, consisting of hus ‘band, wife or husband/wife and their child, or father and her child or mother and her chiki, or family by blood in straight ine upward or downward up to the third degree. - Parent is father and/or mother, or step father or foster father and/or mother. Custodian Is @ person or agency that in fact exercises custody power as a parent of child Business News 6855/27-12-2002 280 . Taniored child is child having hisyher need not fulfilled Feasonably in both physical, mental, spirtual and social aspects. Disabled child is child facing physical and/or tnental obstacles thus disturbing his/her growth normally Chilé prodigy is child having extraordinary intelligence Quotient , or having special potential anc/or talent. Foster child is child having his/her rights transferred from the power of his/her legitimate parent/ custodian of other person responsible for his/her care, education and nur turing him/her to the family of his/her foster parent on the basis of a decision or stipulation of the court: 10.Upbringing child is child that someone or an institution care for giving counseling, maintenance, treatment, education and medical service because his/her parent (oF one of his/her parent is unable to guarantee his/her ‘growth normally 11, Upbringing power isthe authority to care, educate, main= tain, foster, protect, breed child in accordance with his/ her religion, cepability, talent and interest 12.Child right is part of human right which must be quaran- tend, protectedand fulflled bay parent, family, society, government and state. 13.Society is individual, family, group and social organiza- tion and/or community organization. 14.Counterpart is social worker having professional compe- tence in the field 15.Special protection is protection provided for children in ‘an emergency situation, children facing law, children of ‘minority and isolated groups, economically and/or sexur ally exploited children, trafficked children, children’ be- ing victims of abuse of drug, alcohol, psychotropic and other additives, children being victims of human kid- napping, sale, traffic, children being victims of physical ‘and/or mental violence, disabled children and mistreated and ignored children, 16.Everyone is individual or corporation. 17. The government is the government consisting of the Central government and regional government CHAPTER IT CHAPTER IE PRINCIPLE AND OBJECTIVE Aiticle 2 Child protection is executed on the basis of state Ideology Pancasla and the Constitution of 1948 and basic principles of child right convention including: fa. non discrimination; b. best interest for child; . right to survive, continuity of life and developments; and respect to child opinion. Asticle 3 Child protection aims at guaranteeing the fulfl- ment of child rights so as to be able to survive, grow, de- velop and participate optimally in accordance with human status and dignity as well as to obtain protection from vio- lence and discrimination, for realizing Indonesian child who has good quality, noble conduct and is prosperous. ‘CHAPTER TIL RIGHT AND OBLIGATION OF CHILD aticle 4 Every child has a right to survive, grow, develop ‘and participate normally in accordance with human status ‘and dignity as well as to obtain protection from violence ‘and discrimination. ticle 5 Every child entitles to a name as personal identity ‘and citizenship status. Asticle 6 Every child entitles to perform worship in accor- dance with his/her religion, to think and express with his/ her inteligence and age level, under guidance of parent. Acticle 7 (1)Every child entitles to ascertain his/her parent, to be bred and nurtured by his/her parent. (2)In the case of his/her parent being unable to guarantee the growth of child or child being in an ignored cond- tion because of a certain cause, the child has @ right to be nurtured or adopted as upbringing child or foster child by other people in accordance with the provisions of laws in force. Article 8 Every child entitles to obtain medical service and Business News 6895/27-12-2002 298 social insurance in accordance with the physical, mental, spiritual and social needs. Article 9 (1) Every child entitles to obtain education and teaching in the framework of development of his/her personality and inteligence quotient in accordance with his/her inter- est and talent. (2)In addition to the right as meant in paragraph (1), dis abled child also entitles to obtain extraordinary educa- tion, while child prodigy has a right to obtain special education, Article 10 Every child entities to express and have his/her pinion heard, receive, search and provide information in accordance with the intelligence quotient and age for per- sonal development in accordance with values of morality, and fitness, Article 11 Every child has a right to take rest and utilize free time, associate with children of the same age, play, recre- ate and create in accordance with interest, talent and intel gence quotient for personal development. Article 12 Every disabled child has 2 right to obtain rehabil tation, social assistance and maintenance of social welfare. Article 13 (2) Every child under custody of parent, custodian or whom- ever responsible for care entitles to abtain protection from treatment of: iscrimination; exploitation, both economically and sexually; ignorance; brutality, violence and torture; Injustice; and other kinds of mistreatment, (2)In the case of parent, custodian or part responsible for care of child committing all forms of the treatment as meant in paragraph (1), the actors are subjected to the burdening of punishment. Article 14 Every child entitles to be nurtured by his/her parent, unless otherwise legitimate reasons and/or legal provisions show 308 show that the separation s for the sake of the best interest for child and constitutes the last consideration. Atticle 15, Every child has a right to obtain protection from: abuse in poiltical activities; . involvement in armed conflict; . involvement in social unrest; d. involvement in violent events; . involvement in war. Article 16 (1) Every child entities to obtain protection from the target of torture, il treatment and inhuman verdict. (2) Every child entitles to obtain freedom in accordance with the law. (3)Child is only caught, detained and imprisoned if the ac- tion is in accordance with law in force and only can be applied as the last resort, Article 17 (2) Every child having his/her freedom grabbed has a right: ‘a. to obtain human treatment and have his/her place: ment separate from adult; to obtain legal assistance or other assistance effec- tively in every phase of legal proceedings in force; and to: defend his/herself and obtain justice before the effective and impattial child tribunal at 2 closed-door hearing. b (2) Every child becoming victim of or committing sexual vio- lence or facing law entitles to be kept in secrecy. Article 18 Every child becoming victim of or committing erime entities to obtain legal assistance and other kinds of assis- tance. Atticle 19 Every child is obliged: a, tw respect parent, custodian and teacher; , to love family, society and friend; Business News 6855/27-12-2002 Business News C. to love the mother land, nation and state; d. to perform worship in accordance with his/her religious teachings; and . to implement noble ethic and conduct. CHAPTER IV OBLIGATION AND RESPONSIBILITY Part One General Acticle 20 ‘The state, government, society, family and parent ‘re obliged and responsible for the implementation of child protection. Part Two Obligation and responsibilty of the state and government Article 21 ‘The state and government are obliged and respon- sible for respecting and guaranteeing human rights of every child without differentiating race, religion, group, sex, eth= nic, culture, language, legal status of child, sequence of birth of child and physical and/or mental condition. Aticle 22 The state and government are obliged and respon- sible for providing facility and infrastructure support in the Implementation of child protection. Article 23 (4) The state and government guarantee the protection, ‘maintenance and welfare of child by observing the rights ‘and obligations of parent, custodian and other people responsible legally for child (2)The state and government supervise the implementa tion of child protection, Article 24 ‘The state and government guarantee child to ex cercise his/her rights in expressing opinions in accordance with the-age and intelligence quotient of the child Part Three... .. (To be continued ) Business News CHILD mA PROTECTION (Law No. 23/2002 dated October 22, 2002) { Continued from Business News No. 6855 pages 27A - 304] Part Three Obligation and Responsibility of Society Article 25, ‘The obligation and responsibilty of society for child protection are executed through activities of public participa- tion in the implementation of child protection. Part Four ‘Obigation and Responsibility of Family and Parent Article 26 (1)Parent is obliged and responsible for: 2. upbringing, nurturing, educating and protecting chil . developing child in accordance with capability, talent and interest; and preventing marriage at the child age. c. (2)In the case of parent being not existent, or having their Whereabouts unknown or being unable to execute their obligation and responsibilty because of a certain cause, the obligation and responsibilty as meant in paragraph (2) cari shif'to family, implemented in accordance with the provisions of law in force. CHAPTER V STATUS OF CHILD Part One Identity of Child Article 27, (4) Personal identity of every child must have been given since his/her birth, (2) The identity as meant in paragraph (1) is contained in a deed of birth. (3) The deed of birth is made on the basis of certificate from persons witnessing and/or assisting the birth process. (4)In the case of the birth process of child being unknown ‘and his/her parent having their whereabouts unknown, the deed of birth of the said child is made on the basis of information from persons finding the relevant child Article 28. 7 (1) The issuance of the deed of birth is the government responsibilty operationally implemented in the sub-

    Вам также может понравиться