Signed
EdySudibyo
EXPLANATION
OF
LAWS OF REPUBLIC OF INDONESIA
NO.23 2002
ON
CHILD PROTECTION
GENERAL
A child is a mandate as well as a gift from the one and only God whom we must always take care
because within a child inherent is dignity and rights as a human that we must look up upon. Child
basic rights are a part of human rights contained in Constitutions of 1945 and in Convention of United
Nations on child’s rights. From the side of state and civic life, a child is the country’s future and
generation that carries on the state’s aspirations, so every child is entitled to live, grow, develop, and
participate and also entitled to be protected from violence and discrimination as well as entitled to
enjoy civic rights and freedom.
Although Laws No.39 1999 on Human’s Rights has included the child’s rights, as well as
implementation of obligations and responsibilities of parents, family, communities, the government,
and the state to provide protection for children, some laws on child protection are still needed to
provide legal foundation for implementing those obligations and responsibilities. Thus, these laws
establishment are based on consideration that child protection at every aspect is a part of national
development activities, particularly in advancing national and state life.
Parents, families and communities are responsible of taking care and preserving those basic rights in
line with the obligations put by the law. Likewise in the framework of conducting child protection,
the state and the government are responsible for providing facilities and accessibility for children,
particularly in ensuring their growth and development optimally and with focus.
These laws affirm that forms of responsibilities of parents, families, communities, the government
and the state are a series of activities that must be conducted continuously so that child’s rights are
protected. This series of activities must be sustainable and focused to guarantee the children’s growth
and development, be it in physical, mental, spiritual or social aspects. This act is aimed to realize the
best life for children, expected to become the country’s next generation who are potential and
resilient, possesses sense of nationalism which is induced by noble morals and Pancasila values, as
well as highly motivated to preserve unity of the state and country.
Acts of child protection need to be conducted as early as possible, that is beginning from fetus life in
the womb until the child reaches the age of 18 (eighteen). Grounded on the concept of child
protection which is in tact, holistic, and comprehensive, these laws lay duties to provide protection for
children basing on the following principles:
a. non discriminating;
b. the child’s best interest;
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