Committee on the Rights of the Child

Combined fifth and sixth periodic reports submitted by Indonesia under article 44 of the Convention, due in 2019 *

[Date received: 21 January 2021]

I.Introduction

1.The Government of the Republic of Indonesia (GoI) welcomes the recommendations of the Committee regarding its Third and Fourth Periodic Report on the Implementation of the Convention on the Rights of the Child. The Government has taken strategic steps in translating the Committee’s recommendations into policy, programs, and activities explained in this report.

2.Due to COVID-19 pandemic situation, the preparation of this report was carried out through virtual consultations coordinated by the Ministry of Women Empowerment and Child Protection (MoWECP), and close collaborations with the Ministry of Foreign Affairs (MoFA) and the Ministry of Law and Human Rights (MoLHR). Consultations involved related Ministries/Agencies to acquire information on the implementation of the Convention.

3.The preparation of this report is not without challenges. Remote consultations with related Ministries/Agencies have limit the effectiveness of data and information collection. Therefore, the efforts made by GoI in implementing the promotion and protection of children’s rights are not limited to information presented in this report.

4.The government has enacted several laws during this reporting period:

(a)Law No. 11/2012 on the Criminal Justice System for Children;

(b)Law No. 31/2014 on Amendments to Law No. 13/2006 on Protection of Witnesses and Victims;

(c)Law No. 35/2014 on Amendments to Law No. 23/2002 on Child Protection;

(d)Law No. 8/2016 on Persons with Disabilities;

(e)Law No.16/2019 on Amendments to Law No. 1/1974 on Marriage;

(f)Law No. 9/2012 on Ratification of the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict;

(g)Law No. 10/2012 on the Ratification of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography;

(h)Law No. 12/2017 on Ratification of The ASEAN Convention Against Trafficking in Persons Especially Women and Children;

(i)Government Regulation in Lieu of Law No. 1/2016 concerning the Second Amendment to Law No. 23/2002 on Child Protection;

(j)Government Regulation No. 44/2017 on Implementation of Child Care;

(k)Government Regulation No. 59/2019 on the Implementation of Child Protection Coordination;

(l)Presidential Regulation No. 33/2018 on Amendment to Presidential Regulation No. 75/2015 concerning the National Action Plan for Human Rights;

(m)Presidential Regulation No. 65/2020 on the Ministry of Women’s Empowerment and Child Protection;

(n)Minister of Women Empowerment and Child Protection No. 06/2011 Regulation on Guidelines for Preventing Violence Against Children in Families, Communities, and Educational Institutions;

(o)Minister of Women Empowerment and Child Protection No. 07/2011 Regulation on Policies to Increase Family Resilience of Children Needing Special Protection;

(p)Minister of Women Empowerment and Child Protection Regulation No. 11/2011 on Policies for the Development of Child-Friendly Districts/Cities;

(q)Minister of Women Empowerment and Child Protection Regulation No. 8/2014 on Child Friendly Educational Unit Policy;

(r)Minister of Women Empowerment and Child Protection Regulation No. 5/2015 on Provision of Gender Responsive Work Facilities and Child Care in the Workplace;

(s)Minister of Women Empowerment and Child Protection Regulation No. 4/2017 concerning Special Protection for Children with Disabilities;

(t)Minister of Women Empowerment and Child Protection Regulation No. 6/2017 on the Task Force for Handling Problems of Women and Children;

(u)Minister of Women’s Empowerment and Child Protection Regulation No. 7/2019 on Guidelines for Child Protection from Radicalism and Criminal Acts of Terrorism;

(v)Minister of Social Affairs Regulation No. 15/2018 on Integrated Referral Service System for Handling the Poor and Poorest;

(w)Minister of Social Affairs Regulation No. 05/2019 on Integrated Social Welfare Data Management;

(x)Minister of Social Affairs Regulation No. 20/2019 on Distribution of Non-Cash Food Aid.

5.The following is an elaboration of the GoI’s efforts in implementing the Convention in the fifth and sixth reporting periods that also covers the latest administrative, legislative and other measures within 2014–2020.

II.General measures of implementation

6.GoI has created a Child Protection System/Sistem Perlindungan Anak (SPA) as a system for implementing child protection, comprising an interrelated 5 sub-systems 1) Law and Policy, 2) Child Welfare and Family, 3) Judiciary, 4) Change in Social Behaviour, and 5) Data and Information. SPA is an approach to promote comprehensive child protection by addressing risk factors in order to reduce children’s vulnerability and respond to various child protection issues. It requires commitment at the central and regional levels in implementing SPA.

7.GoI has committed to strengthening SPAs by including the system in the 2020–2024 National Medium Term Development Plan/Rencana Pembangunan Jangka Menengah Nasional (RPJMN) document. RPJMN sets the policy direction for Realizing a Child-Friendly Indonesia through strengthening SPA which is responsive to the diversity and characteristics of the region to ensure children enjoy their rights. In addition, GoI has set a target to increase the Child Protection Index from 62.72 (2018) to 73.49 by 2024. The index can fully describe Child Protection, both protection of rights and special protection of children, developed based on the five (5) clusters in Child-Friendly Districts/Cities (Kabupaten/Kota Layak Anak/KKLA).

8.SPA dissemination and training has been carried out for the last 10 years at the central and regional level with the support of various parties. However, several regions still face obstacles, including unaligned commitments across all agencies, overlapping services, and the difficulty in integrating SPA into existing programs and policies.

9.Government Regulation No. 59/2019 on Coordination on the Implementation of Child Protection was issued to improve a synergy and harmonious working relationship in the fulfillment of children’s rights and special child protection.

10.MoWECP Regulation No. 05/2014 on Guidelines for Implementing Child Data and Gender Systems, further developed an application system for recording violence against women and children, namely the Online Information System for the Protection of Women and Children/Sistem Informasi Online Perlindungan Perempuan dan Anak (SIMFONI-PPA) since 2016.

11.SIMFONI-PPA has received ISO-27001 certification, which means that the system can be accessed by all service units for handling women and children violence at the national, provincial, and district/city levels in an up to date, real time and accurate manner. SIMFONI-PPA has been installed in 548 units in several provinces, 419 units in the Integrated Service Center for Women’s Empowerment and Child Protection/Pusat Pelayanan Terpadu Pemberdayaan Perempuan dan Perlindungan Anak/(P2TP2A), 427 units in the Police Units, and 337 units in health facilities.

12.In 2016–2019 SIMFONI-PPA has recorded 38,478 cases of violence against children (VAC) according to the year of incident and 38,887 cases according to the reporting year.

13.In 2018, MoWECP organize the 2018 National Survey of Child and Adolescent Life Experiences/Survei Nasional Pengalaman Hidup Anak dan Remaja (SNPHAR 2018) in collaboration with the Ministry of Social Affairs (MoSA), Statistics Indonesia, the Bandung Institute of Social Welfare/Sekolah Tinggi Kesejahteraan Sosial (STKS Bandung), the University Health Policy and Management Center Gajah Mada/Pusat Kebijakan dan Manajemen Kesehatan Universitas Gadjah Mada (PKMK UGM) and the Center for Research and Advocacy for the Protection and Quality of Life of Children, University of Indonesia/Pusat Kajian dan Advokasi Perlindungan dan Kualitas Hidup Anak Universitas Indonesia (PUSKAPA UI). This survey is designed for estimating at the national level and is used as background material for the preparation of RPJMN 2020–2024 targets by measuring the prevalence of emotional, physical and sexual violence against children in Indonesia, identifying risk factors, protection of children from violence, and various health and social consequences arising from VAC.

14.MoWECP has collaborated with Statistics Indonesia to compile Indonesian Children Profile that describes the fulfillment of children’s rights, including civil rights, in the form of birth certificates, fulfillment of basic health and child welfare rights, and fulfillment of children’s rights in education, family conditions ,child marriage and child protection especially for children facing the law and child labor, in accordance with the cluster division of children’s rights as stated in the CRC.

15.The Indonesian Children Profile is utilized as an input for planning and evaluation for the existing, current, and upcoming child development policy/program.

16.The GoI is committed to achieving the targets of the Sustainable Development Goals (SDGs) program by 2030 on the development of Indonesian children. Targets include the elimination of child poverty, malnourished children and child mortality from treatable diseases; the creation of a child-friendly environment, the fulfillment of children’s educational needs, especially early childhood education and other targets. Strategies to achieve these targets have been developed to be implemented appropriately for the welfare of Indonesian children.

17.MoWECP has conducted CRC training in 29 Provinces, 297 Districts/Cities. The training was carried out with various themes, including on child rights-based care, prevention of marriage, prevention of VAW/C, training for health workers, and training for educators.

18.MoWECP has conducted CRC dissemination to local governments in 33 Provinces as well as to relevant Ministries/Agencies in child affairs.

19.On corporal punishment, several legal including Article 54 of Law No. 35/2014 on Amendments to Law No. 23/2002 on Child Protection regulates the prohibition of corporal punishment, including within the family, school and child care. This is also strengthened by:

(a)Presidential Regulation No. 87/2017 on Character Education implemented, among others, through the preparation of guidelines for the implementation of child-friendly education, integrating character education into school programs, monitoring the learning process and assessment;

(b)Minister of Education and Culture (MoEC) Regulation No. 82/2015 on Prevention and Overcoming of Violence in Education Units;

(c)MoWECP Regulation No. 8/2014 on Child Friendly School Policy, which regulates efforts to eliminate corporal punishment in schools, to create school environment free from bullying by adults or children.

20.Character building is also carried out for children with special needs, through organizing various competitions as a form of giving opportunities and encouraging environment for persons with disabilities for their competence and potential.

21.The Child Friendly Education Unit/Satuan Pendidikan Ramah Anak (SRA) is a formal, non-formal, and informal educational unit which serves to fulfill children’s special rights and protection, including a complaint mechanism for handling cases in education units. SRA is formed and developed from existing education units and aims to create a clean, safe, neat, inclusive, healthy, proper and comfortable education unit, free from violence and discrimination. As of 2020, 44,979 SRA has been established in 310 districts/regencies in 34 provinces.

22.SRA training continues to be conducted for teachers and education personnel, as well as students in schools and madrasah since 2016. The materials presented included SRA policies, positive discipline, good practices, and mapping the potential of each school. As of 2019, 1,242 regional officers, 249 educational institutions, and 6,312 teachers and SRA trained educators have participated in SRA training.

23.Some activities carried out by MoWECP in order to protect children of minority and isolated groups includes coordination forums and dialogues to disseminate, raise awareness and collect inputs on child’s rights and special protections.

(a)Coordination Forums for the Implementation of Minority Group Child Protection Policies involving various stakeholders, including children of minority groups, were conducted in South Sumatra, West Nusa Tenggara and South Sulawesi;

(b)Dialogue between the Minister of WECP and Minority/Isolated Groups was conducted in Sorong City, West Papua Province;

(c)Dialogue and dissemination on the Fulfillment of the Rights and Special Protection of Children for Minority and Isolated Groups was conducted in Lingga Island Regency, Riau Islands Province.

24.On adoption, the GoI through Regulation No. 54/2007 on Adoption affirms that the purpose of adoption is the best interests of the child in the context of realizing child welfare and child protection, carried out based on local customs and provisions of laws and regulations. This regulation also allows adoptions by foreign nationals, under strict conditions and through court decisions.

25.Indonesia has issued MoSA Regulation No.3/2018 on Guidance, Supervision and Reporting on the Implementation of Adoption which has been implemented in every process of adoption.

(a)Guidance is carried out through outreach, consultation, counselling, mentoring and training for prospective foster parents/Calon Orang Tua Asuh (COTA) and the community;

(b)Supervision is carried out to prevent any irregularities or violations in the adoption process. Supervision is carried out by the central government, local government and the community;

(c)Reporting includes COTA eligibility, child development reports, and transfer reports carried out regularly. The reporting format has been included in the regulation’s attachment.

Adoption of children (2013–2019)

Year	Single Parent Adoption	Intercountry Adoption	Domestic Adoption
2013	4	10	13
2014	12	7	12
2015	13	7	53
2016	3	8	355
2017	5	13	976
2018	5	9	926
2019	11	12	1.096
Total	53	66	3 431

26.The GoI seeks to provide protection for children, especially the involvement of children in armed conflict through the Law No. 9/2012 on the Ratification of the Optional Protocol to the Convention on the Rights of the Child concerning the Involvement of Children in Armed Conflict.

27.Indonesia’s ratification of the Optional Protocol to the CRC on the Involvement of Children in Armed Conflict is a precautionary and prevention effort in the event of a situation where children are involved in armed conflict.

28.Prevention efforts are also carried out through the preparation of the National Action Plan for Combating Violent Extremism/Rencana Aksi Nasional Penanggulangan Ekstremisme Berbasis Kekerasan (RAN PEBK) which is currently under discussion. It aims to prevent the spread of violent extremism by using a comprehensive government approach, focusing on four sectors:

(a)Preventing extremism or violence in the community, including vulnerable groups;

(b)Deradicalization and moderation of persons or communities exposed to extremism;

(c)Law enforcement and legislation strengthening in the field of terrorism and offenses;

(d)Collaboration with third parties to prevent extremism and violence.

III.Definition of child

29.Law No. 35/2014 defined a child as person under the age of 18 years old, including fetus in the womb. Furthermore, in 2019 as a follow up to the Constitutional Court Decision No. 30-74/PUU-XII/2014 on the age limit of marriage for women, the GoI has amended the minimum age limit of marriage for girls through Law No. 16/2019 on Amendments to Law No. 1/1974 on Marriage. The minimum age of marriage for women is now 19, equal to men.

Legislation

30.The GoI has made efforts to integrate the substances and provisions contained in the ratified international human rights instruments into national laws and regulations through Ministerial regulations, issued by MoLHR and MoHA.

31.MoLHR has issued Regulation No. 24/2017 on Guidelines for Human Rights Content in the Formation of Laws and Regulations. It contains compiled substance of international human rights instruments and must be used as a guidance in the formation of laws and regulations in order to integrate human rights values.

32.MoHA Regulation No.120/2018 on the Amendments to MoHA Regulation No. 80/2015 on the Formation of Regional Legal Products contains the mechanism for preventing the creation of regional regulations that exclude a human rights perspective.

33.This mechanism is carried out by integrating human rights values and principles according to the content and techniques of drafting regulations in the facilitation process. Clarification process through an assessment of regional regulations related to conformity with higher level laws and regulations, public interest, and morality is made within 7 days after the regulation is promulgated. If the results are not appropriate, a recommendation is issued for amendments or revocation of the regional regulation.

34.In order to ensure the fulfillment of the rights and special protection of children, the GoI has taken steps by issuing Law No.35/2014 on Child Protection as a commitment to ensure the fulfillment of special rights and protection of children. This law also outlines various rules and sanctions for perpetrators of VAC.

35.MoWECP has also drafted a Presidential Regulation on KKLA which includes provisions based on Law No. 35/2014 and the CRC.

36.Through KKLA Policy, MoWECP also encourages the formation of local regulations and/or policies related to KKLA. Up to 2019, 32 provinces and 435 districts/cities have implemented the KKLA Policy. Of these, 247 districts/cities have KKLA policies and received KKLA ratings, which regulate the fulfillment of children’s rights and special protection, in accordance with the substance/material of the Convention on the Rights of the Child.

37.The government has incorporated the provisions of the CRC into national law up to the local level. This can be seen from the 316 regional regulations on the fulfillment and protection of children that are in line with the contents and provisions of the CRC.

Coordination

38.Presidential Decree No. 65/2020 mandates additional function of MoWECP related to services for children who need special protection, including children victims of violence, discrimination, exploitation and other mistreatment.

39.The coordination function in MoWECP is still maintained, but the service function is carried out by still paying attention to regional duties and functions in accordance with the principle of regional autonomy.

40.For the 2019–2024 period, MoWECP has five priority issues: (1) increasing women’s empowerment in entrepreneurship; (2) increasing the role of parents in children’s education; (3) reducing VAWC; (4) reduction in child labor; and (5) prevention of child marriage.

41.As a follow-up, MoWECP has issued Regulation No.4/2020 on the Organization and Work Procedure of the MoWECP, which regulates the tasks of the MoWECP in carrying out functions:

(a)Formulation and stipulation of policies in the field of gender equality, fulfillment of children’s rights, community participation, protection of women’s rights, and special protection of children;

(b)Coordination and synchronization of the implementation of policies in the field of gender equality, fulfillment of children’s rights, community participation, protection of women’s rights, and special protection of children;

(c)Coordination of the implementation of handling the protection of women’s rights and special protection of children;

(d)Provision of final referral services for women victims of violence which require national, cross-provincial and international coordination;

(e)Provision of services for children requiring special protection requiring national and international coordination;

(f)Gender and child data management.

Allocation of resource

42.To ensure access to health, including for children, since 2016–2018 the proportion of the health budget is 5% of the National Budget as mandated by Law No. 36/2009 on Health.

43.The Health Budget for the period 2014–2019 has doubled from Rp. 61 trillion to Rp. 121.8 trillion.

44.The mechanism for monitoring and evaluating equitable distribution of resources is carried out regularly by the Ministry of Finance (MoF).

45.The GoI has implemented the Contribution Assistance Program/Penerima Bantuan Iuran (PBI) in the health sector to provide free health services. In 2014, 86.4 million people benefited using Rp. 19.9 Trillion. Then in 2018 it increased to 92.4 million people with Rp. 25.49 Trillion.

Independent monitoring

46.The Indonesian Child Protection Commission/Komisi Perlindungan Anak Indonesia (KPAI) has the mandate to oversee and supervise the implementation of child protection carried out by the stakeholders as confirmed in Article 20 of Law No. 35/2002, stipulating: “State, Government, Community, Family, and Parents” at all levels, both central and regional, in the domestic and public sphere, which includes the fulfillment of basic rights and special protection of children.

47.KPAI has duties as listed in Presidential Decree No. 61/2016, to:

(a)Supervise the implementation of protection and fulfillment of children’s rights;

(b)Provide input and suggestions in the formulation of policies regarding the implementation of child protection;

(c)Collecting data and information regarding child protection;

(d)Receive and review public complaints regarding violations of children’s rights;

(e)Mediating disputes over violations of children’s rights;

(f)Cooperating with institutions established by the community in the field of child protection; and

(g)Provide reports to the authorities regarding suspected violations of the Law on Child Protection.

IV.General principles

Non-discrimination

48.Regarding inheritance rights, the Civil Code regulates that if a person passes away without making a will, the first party entitled to inheritance is the spouses (husband or wife) and the children with the same amount (Article 852). It affirms the equal position of girls and boys in inheritance.

49.The GoI ensure equal access for children with disabilities to all public services in terms of health care through the Mobile Health Services/Pelayanan Kesehatan Bergerak (PKB) as an effort to increase the quality of public health in promotive, preventive, curative, rehabilitative and comprehensive services. PKB helps people who are unable to reach health services due to difficult access by plane, boat and car. Activities include treatment, counselling, empowerment and supervision of the health conditions.

50.Currently, 140 districts have implemented PKB in supporting the basic health service programs of their region, especially the health service for children with disabilities.

51.In addition, Child Friendly Services at Primary Healthcare Center/Pelayanan Ramah Anak di Puskesmas (PRAP) are also developed, under the principles of child protection; non-discrimination, the best interests of the child, the right to life, survival and development, and respect for the child’s opinion.

52.The GoI establishes the Healthy Nusantara/Nusantara Sehat (NS) Program as an effort to accelerate the fulfillment of the rights to health in remote areas as regulated by MoH Regulation No. 33/2018. The NS Program target in 2020 is 2.600 participants, with 100 participants in Papua Province.

53.Article 28 of Law No. 36/2014 on Health Workers regulates that under certain circumstances, the Government may require health workers with academic and competence qualifications to serve as health personnel in some special regencies.

54.Presidential Regulation No. 31/2019 on Utilization of Specialist Doctors regulates that MoH conducts a planning on national periodic needs of specialist doctors.

55.PRAP has been growing every year:

Year	No. of PRAP	District/City	Provinces
2015	123	32	16
2016	251	54	22
2017	719	105	27
2018	985	121	29
2019	1 783	184	34
2020	1 884	194	34

56.In 2020, the School Operational Cost Program/Bantuan Operasional Sekolah (BOS) has grown to the Affirmation School Operational Cost Program and the Performance School Operational Cost Program which help the coverage of the previous program.

57.Inclusive Education Program have been implemented as regulated in MoEC Regulation No. 70/2009 on Inclusive Education for Students with Disabilities and Special Intelligence and/or Talents that each district/city shall have a minimum one inclusive school in every level. In 2019, there were 29.315 schools providing inclusive education.

58.Government established a roadmap of inclusive education 2017–2021 to implement the Law No.8/2016 on Persons with Disabilities then stated in the Government Regulation No.13/2020 on Decent Accommodation for Students with Disabilities.

59.In 2011, guidelines were established for inclusive education including the Guidelines for the Culture of Inclusive Education; General Guidelines for Inclusive Education; and Learning Guidelines each for students who are visually impaired, for Studentswith hearing impairment and, for Students who are mentally disabled.

60.From 2015 to 2020 the number of inclusive schools has increased. There were 3.610 units in 2015, increased to 28.778 units in 2020.

61.The number of students with disabilities in inclusive schools has increased from 62.960 in 2015 to 99.647 students in 2020. The data shows that the public has better awareness on the existence of inclusive schools for children with disabilities.

62.Data verification of students with disabilities from a basic education data system by Student Learning Profile in collaboration with the Australian Government through a program called INOVASI is used as the basis to calculate the need for teachers to teach in inclusive schools. 5000 teachers have been trained as special guidance teachers by the Government.

63.Several universities have opened special education programs to provide teachers qualified for inclusive education and have accepted persons with disabilities.

64.The Secondary Education Affirmation Program of the MoEC/Program Afirmasi Pendidikan Menengah (ADEM) has provided special education service for Junior High School Students who come from remote, disadvantaged and outermost areas, especially in border areas, and children in Papua. This helps the children to get cross-province scholarships.

65.The ADEM students will receive the opportunity to attend Senior High School with national and local budget especially at Banten, West Java, Central of Java, the Special Region of Yogyakarta, East Java and Bali.

66.SRA is established to create an effective and inclusive school. Every year MoWECP has been managing some SRA training for the teachers.

67.The Government recognizes all religions and beliefs equally and protect them without discrimination as regulated in the MoHA Regulation No.43/2009 and MoEC No. 41/2009 on Service Guidelines for Believers of Belief in God Almighty.

68.The material on interfaith tolerance has been taught at all levels of education in the subject of social, nationality and religion curriculum since 2006, including in some extracurricular, such as cultural.

69.Government Regulation No. 42/2020 on Accessibility to Settlements, Public Services and Disaster Protection for Persons with Disabilities aims to realize equal rights and opportunities to a prosperous and independent life. A time limit to adapt the standards is 5 years.

70.The GoI’s 2017 work plan set the improvement of quality public basic services at underdeveloped areas, border areas and transmigration areas that integrated, holistic-thematic and spatial in order to increase the gap between regions. The plan aims to fulfill the rights of the community in the economic and social areas according to the minimum services standard.

71.The Minimum Services Standard is regulated in Government Regulation No. 2/2018 and MoHA Regulation No. 100/2018 aim to fulfill the quality of 6 basic services; education, health, public works, public housing, social and tranquillity, public order and protection measures.

72.The Government is mapping the villages to see the potentials, weaknesses and strength of each village. The target is to cut 22,000 out of 27,000 underdeveloped villages in the next 5 years.

73.In preparation of the special allocation fund, the government prioritizes development of the disadvantaged areas, border areas, transmigration areas and islands. One of the development programs is “Bright Indonesia” by procuring 35,000 megawatt of generator and connecting hundreds of kilometers transmission cable, and presenting energy saving solar in rural areas.

74.The action plans are based on customary community refocusing on education, health services, local economic development and connectivity to mountainous areas and isolated areas, especially in Papua. The human development index in Papua has increased in the past five years from 57 to 60.

75.The Government have created a public services online report mechanism on https://www.lapor.go.id to facilitate participation of the community that coordinated by the President’s Staff Office, Ombudsman and the Ministry of Administrative and Bureaucratic Reform (MoABR) with 34 Ministries, 384 Regional Government, 89 City Government and 34 Province Government.

76.Presidential Regulation No. 186/2014 on Social Empowerment of “Remote Customary Communities” issued to improve the standard of living of the communities in border, coastal, remote, and outermost islands by fulfilling the basic needs and the rights of the communities. One of the programs is e-warung, an electronic market for the communities to receive some affordable basic needs.

77.The Government has also implemented a program for remote customary community’s family. There have been 150.222 empowered house holders, 2.099 being empowered house holders and 139.767 have not been empowered house holders. The programs include fulfillment of housing needs, access to community services and economic capacity building.

Best interest of the child

78.The GoI makes every effort to ensure that children’s rights are in its best interests. Law No.35/2014 has outlined the respect, fulfillment and protection of children from various aspects based on their best interests.

79.MoLHR has changed the Children’s Prison/Lembaga Pemasyarakatan Anak (Lapas) into a Child Special Development Institution/Lembaga Pembinaan Khusus Anak (LPKA). This change was made in line with the enactment of Law No. 11/2012 on the Juvenile Criminal Justice System in 2014, which was the first milestone in the initiation of a system for treating children in conflict with the law. It has created a new system that is better for children in conflict with the law. The change of the child treatment system from prison for children to LPKA is a manifestation of the state’s real concern to protect and respect children’s rights.

80.MoLHR has duties and authorities in handling children who are in conflict with the law, which among others, are to prepare facilities and infrastructure for coaching, mentoring, and caring for children at the LPKA.

81.Currently, MoLHR has 33 LPKAs throughout Indonesia. With the number and condition of LPKA is considered sufficient, it can guarantee that children are no longer with adult prisoners, thus it will not create vulnerability to violations of their rights as children to receive food, education, health standards, worship, recreation, visits, etc.

82.The MoLHR guarantees the implementation of fostering family visits in LPKA, for children to freely meet with their families. Family has an important role in the process of self-change for children in LPKA and also to prevent rejection from their social environment.

83.MoSA has issued Regulation No. 30/2011 on National Standards for Child Care for Child Welfare Institutions which contains norms, standards, procedures, and criteria for the implementation of childcare that are used as guidelines for child social welfare institutions in providing child care.

84.In 2020 social assistance has been provided for 6,970 neglected children in 34 provinces through 340 Child Welfare Institutions/Lembaga Kesejahteraan Sosial Anak (LKSA).

85.To response to the practice of child marriage which still exist in some parts/region in Indonesia, to further protect best interest of the child the Government is also drafting Government Regulation on Procedures for Dispensation to further explain technically on how marriage dispensation should be carried out. This regulation is expected to ensure maximum effort in defining the purpose of marriage. The Komnas Perempuan reported the increase of dispensation during the pandemics for COVID-19, due to poverty. The MoWECP monitors such application of the marriage dispensation so that the best interest of children and their opinion shall be the main basis of considerations.

Right to Life, Survival and Development

86.With regard to forced eviction, according to the Basic Agrarian Law, there is only land acquisition, which is a means of obtaining land for development for the public interest. Article 18 of the Basic Agrarian Law states that: for the public interest, including nation, state and common interests of the people, land rights can be revoked, by providing appropriate compensation and in accordance with the means regulated by law. This provision becomes the basis for elaborating the land acquisition arrangements in Law No. 2/2012 on Land Acquisition for Development for Public Interest. Article 1 point 2 of the Law stipulates that: Land acquisition is the activity of providing land by means of dispensing appropriate and fair compensation to entitled parties.

87.Government Regulation No. 2/2018 on Minimum Service Standards stipulated that the local government facilitates the provision of liveable houses for people affected by the relocation of the Regional Government program.

88.Land acquisition for public interest is carried out through stages of planning, preparation, implementation and delivery of results. In practice, not all stages of land acquisition implementation can run smoothly, some of which are hampered due to various objections from affected parties.

89.In Land Acquisition, the value of compensation received by the community is not based on the Sales Value of Tax Objects/Nilai Jual Objek Pajak (NJOP) but the result of an assessment by an independent appraisal. Not only in land value, but also in economic value. Provided compensation for 3 months (for owners and employees).

Respect for the Views of the Child

90.The Government guarantees the right to exercise children’s rights in expressing opinions according to the child’s age and level of intelligence, according to article 24 of Law No. 35/2014.

91.The MoWECP has carried out the Voices of Children with Disabilities which is an implementation of Article 24 of Law No. 35/2014. The activity involved children with disabilities in 34 provinces with a peak event held on every National Children’s Day, through the MoWECP award. Furthermore, the results of these activities are compiled in books as guidelines for the Government, Parents/Families and the Community in protecting children with disabilities, including the fulfillment of their rights.

92.The stipulation of MoWECP Regulation No. 18/2019 on the Implementation of Children’s Forums, which regulates the mechanism for the formation of the Children’s Forum, the role of the Children’s Forum as a pioneer and reporter/Pelopor dan Pelapor (2P), as well as participating in development planning, through children’s participation in public consultation on development planning (Musyawarah Rencana Pembangunan/Musrenbang), guidance and supervision as well as monitoring and evaluation mechanisms.

93.The Regulation stipulates that management of the Children’s Forum must involve at least 10% of the total quota provided for the management of child victims, children from minority and isolated groups, children with disabilities, children with HIV/AIDS, and/or children with socially deviated.

94.In fostering and increasing the capacity of the Children’s Forum, each year the MoWECP conducts 2P and PAPP training for the board and facilitators of the Children’s Forum from all provinces and districts/cities regarding children issues.

95.Children’s Forums have been formed in 34 provinces, 451 districts/cities, 1,284 sub-districts and 2,098 villages/wards.

96.The MoWECP also conducts the annual meeting of the National Children’s Forum (FAN) which is attended by representatives of the Children’s Forum from all districts/cities and provinces in Indonesia. They gather to exchange information on issues of fulfillment of rights and special protection of children. In this meeting they also received materials on various children’s issues as material for the preparation of the Indonesian Children’s Voice which was the final result of the meeting. The Voice of the Indonesian Children will then be read out in front of the President of the Republic of Indonesia, during the celebration of the highlight of National Children’s Day which is held every 23 July. For 2020, the compilation of Indonesian Children’s Voices and National Children’s Day were conducted virtually.

97.The Children’s Forum has done many roles as 2Ps through various activities, including at the time of the Covid-19 pandemic, they are currently carrying out various activities, by making appeals to children to stay at home, carrying out various positive, innovative and creative activities at home with various competitions, etc.

V.Civil rights and freedoms

98.GoI has targeted all children aged 0–18 years to be registered and receive birth certificate. Throughout 2014–2019, the GoI has succeeded in increasing the number of ownerships of birth certificates. In 2014 the number of ownerships of child birth certificates were only around 32.25% and has increased very rapidly to 90.56% or equivalent to 73,747,735 children in 2019.

99.The GoI is fully committed to ensuring children’s rights on obtaining name and citizenship, as regulated in Law No 39/1999 on Human Rights, Law No. 23/2002 on Child Protection and Law No. 12/2006 on Citizenship. Birth certificate ownership was made a national priority as outlined in RPJMN 2015–2019 to target coverage of 85%, As of 2019, data shows that the coverage of birth certificates ownership has reached 91.32%. Birth certificate ownership continue to become a national priority in RPJMN 2020–2024, with the national target of ownership of child birth certificates, as follows:

Year	2020	2021	2022	2023	2024
Target	92%	95%	97%	98%	100%

100.Constitutional Court Decree No 46/PUUVIII/2010 decided part of the revision of Article 43 (1) of Law No. 1/1974 about marriage, which broadens the legal status of children born out of wedlock. They are legally recognized and have civil relations rights with biological parents, and also being issued birth certificates. The Supreme Court later issued Circular Letter No. 7/2012 ordering the court at all levels to enforce these court decisions.

101.The GoI through the Supreme Court also issued Circular No 06/2012 which provides guidelines on determining records of births that exceed the one-year limit collectively (more than one year after birth). Then MoHA followed up by issuing circular letters to the governors and mayors/regents for the implementation of Circular, which instructs allocations of regional budget to assist the issuance of birth certificates for late registrations.

102.In 2015, eight Ministries consisting of the MoHA, MoFA, MoLHR, MoH, MoEC, MoSA, MoRA and MoWECP, signed an MoU on Accelerated Ownership of Birth Certificates for Child Protection. The purpose is to create synergies between the roles and programs of the 8 ministries in accelerating the registration of birth certificates for Indonesian children both in Indonesia and abroad.

103.Further, the relevant ministries have adopted measures steps in implementing the MoU, among others:

(a)MoWECP established Regulation No. 6/2012 on Guidelines for Acceleration of Ownership of Birth Certificates, for the central government, local governments, and the community in accelerating the ownership of birth certificates for Indonesian children;

(b)MoH has issued a circular ordering all health personnel and health care facilities to provide information on the importance of a birth certificate at the time of pregnancy and newborn examination (visit neonatal);

(c)MoFA, through its embassies and consulates, has improved services for Indonesian children, including migrant worker’s children, to ensure access for Indonesian children in obtaining a birth certificate.

104.MoHA issued Regulation No. 9/2016 regulates the Legal Status of the Child on their Birth Certificate, for children of married couples, children with single parents, children with unknown origin, and children from unregistered marriage.

105.To address challenges and efforts to increase ownership of birth certificates, MoHA created an innovation in applying Absolute Responsibility Statement Letter (SPTJM) as part of Birth Certificate Issuance Services (Supertajam).

106.Moreover, MoHA issued Regulation No. 2/2016, which regulates the Child Identity Card (KIA), to encourage the improvement of the data collection process, protection and public services in realizing the best interest for children. Throughout 2016, KIA has been implemented in 50 districts/cities in Indonesia. KIA are expected to prevent the falsification of children’s identity, illegal trafficking, statelessness (particularly for children in Border Areas and Children of Mixed Marriages), and to protect children facing the law.

107.To provide wider access to service for the acceleration of birth certificate ownership, the Government has established registry offices in 34 provinces, 416 regencies, and 98 cities throughout Indonesia. Through Law No. 24/2014 on Civil Administration, the Government has also streamlined the bureaucracy in terms of providing access to civil document registry services; waived administrative costs and instructed civil registry officers at all levels to provide equal and professional service to all citizens in obtaining civil documents.

108.MoH issued a Maternal and Child Handbook to encourage the child’s birth certificate ownership by providing that a birth statement letter must be filled in by birth attendants to assist the process of obtaining a birth certificate by the Department of Population and Civil Registration in the region. The Handbook is distributed to pregnant women during their first contact with a health worker.

109.MoHA issued Regulation No. 102/2018 as an amendment to Regulation No. 9/2016 on the Acceleration of Coverage of Birth Certificate Ownership. It aims to provide assurances on the improvement of services quality to issue population administration quickly and accurately. It simplifies and speeds up the requirements and internal mechanisms of the population administration process, and provides protection and recognition of personal status determination and the legal status of birth, including children’s birth certificates, and increased the coverage of a birth certificate ownership.

110.The Government also established a population administrative service system by implementing an online service mechanism regulated through MoHA No. 7/2019. The document requirements can be sent through a web-based service on: http://www.dukcapil.kemendagri.go.id/layananonline.

111.The Government issued MoHA Regulation No. 96/2019 on Population Data Collection and Issuance of Population Documents for Vulnerable Population. It guarantees that vulnerable populations (victims of natural disaster, victims of social disasters, displaced people and remote communities) get access to population documents through a data collection process as a basis for issuance of population documents, one of which is a birth certificate. Data collection and publication of population documents are also carried out for residents who occupy forest areas, state land and/or disputed land.

112.During the Covid-19 pandemic, MoHA issued Letter No. 470/41/Dukcapil on the Completion of the Population Administration Documents as mandated by MoHA Regulation No. 19/2018. The issuance of Population Documents such as Family Card, Identity Card, Birth Certificate, Marriage Certificate, Death Certificate and Relocation Letter must be completed within one hour and no later than 24 hours from the date of complete requirements received by Department of Population and Civil Registration service officers.

113.The Director General of Population and Civil Registration issued Letter No. 443.1/2978/Dukcapil regarding Population Administrative Services and Covid-19 Prevention, to change work patterns for service delivery and to prevent the spread of coronavirus, by maintaining distance and optimizing the use of information technology and online services.

Freedom of Opinion, Belief and Religion

114.As stipulated in Article 29 paragraph 2 of the Constitution, the GoI guarantees the freedom of every citizen to embrace religion and to practice their religion and belief. Furthermore, the GoI has regulated the freedom of each child to worship according to their religion, belief, opinion, and to express themself according to the level of intellectuality and age under the guidance of parents and/or guardians, as stated in Article 55 of Law No. 39/1999 concerning Human Rights.

115.To ensure the fulfillment of children’s rights in conveying opinion, MoWECP established the Children’s Forum to fulfill children’s participation rights in national, provincial, regency/city, district and village levels with a membership consisting of various groups of children. The establishment of the Children’s Forum is regulated in a MoWECP regulation No 18/2019.

116.The Government also provides training programs and activities for the Children’s Forum as 2P on children factual issues, such as child marriage, child-friendly information, intolerance, anti-smoking and environmental problems.

117.The GoI continues to encourage awareness raising on tolerance and understanding for children. Through MoEC, materials on inter religious tolerance have been delivered at all levels of education using teaching methods that are tailored based on the age of students. The material has entered into the elementary and middle-level education curriculum on the subjects of Social Studies, Civic Education and Religion in 2006 and has been strengthened by the curriculum in 2013. This content is also provided for extracurricular activities, culture, and other subjects.

VI.Violence against children

Sexual Exploitation and Abuse

118.The Government has issued Law No. 35/2014 on Child Protection and Law No. 17/2016 which strengthens penalties for perpetrators of VAC. Both Laws stated that the Government must implement optimal and comprehensive efforts, not only providing punishment for the perpetrators but also taking preventive measures.

119.Indonesia has built integrated health and legal services in responding to reported cases and provides Child Social Protection Homes/Rumah Perlindungan Sosial Anak (RPSA) in several provinces. Through the establishment of an Integrated Service Center/Pusat Pelayanan Terintegrasi (PPT) between the special police unit and the hospital, child victims who experience very serious forms of violence will have access to health services, psycho-social support, legal consultation, and child-sensitive investigative procedures. RPSA is managed by the MoSA and operates as an emergency shelter, as well as a long-term protection and rehabilitation house, where child victims can stay for up to 6 months or more if needed. RPSA provides specialist services, as well as recovery and reintegration to victims, after which they can choose to return to their families or be handed over to the Government or child care institutions. In general, the institution must have at least 1 professional social worker and provide individual services and counselling to assist the recovery and rehabilitation of victims.

120.MoSA carries out a campaign to prevent VAC through activities:

(a)Social Worker/Pekerja Sosial Goes to School (PGTS) has been implemented since 2016 with a total student population of 20,000 children/year;

(b)Social Worker/Pekerja Sosial Goes to School (PGTC) implemented in 2020 for 7,000 children.

121.MoHA has issued Regulation No. 68/2013 on the Obligations of Health Service Providers to Provide Information on presumed VAC.

122.MoHA has produced a Maternal and Child Health Book containing how to prevent VAC.

123.There are several Puskesmas Mampu Tata Laksana which are capable of managing child violence in 34 provinces throughout Indonesia and an integrated hospital to handle victims of VAC.

124.VAC is a serious crime as stated in Article 108 of the Indonesia Criminal Procedure Code Paragraph 2.

125.MoH has also developed several modules for training health workers, which include:

(a)Guidelines for Services and Referral for Cases of VAW and Children for Health Workers;

(b)Guidelines for the Development of Puskesmas Mampu Tata Laksana with intention for Managing Cases of Violence against Children and Women;

(c)Guidelines for Integrated Services for Victims of Violence against Women and Children;

(d)Detection in the Reporting and Reference of Cases of Violence against Women and Children;

(e)Module on Women and Health.

Dangerous Practice for Children

126.In recent years, the GoI has implemented several policies to reduce the number of female circumcision practices known as sunat perempuan. The Government has replaced MoH Regulation No. 1636/2010 concerning Female Circumcision by issuing MoH Regulation No. 6/2014. The latest regulation prohibits all medical practitioners from performing the female genital mutilation.

127.In Indonesia, people perceive female circumcision as a required part of a long-held tradition and belief that has been passed down for generations to families and communities. Most of the female circumcisions performed traditionally and are not as dangerous as Female Genital Mutilation/cutting (FGM/C) as defined by the World Health Organization and carried out symbolically.

128.Raising awareness and advocacy are keys in efforts to eliminate female circumcision. Indonesia has escalated efforts to disseminate information among medical and health workers, parents, community leaders, and religious leaders to prevent the practice of female circumcision. MoWECP has also expanded collective support for ending the practice of female circumcision, involving community leaders, mainly religious community. A series of workshops in collaboration with NHRIs have been conducted to formulate real strategies and programs to address this problem.

129.MoH regularly conducts a dissemination of its Regulation No. 6/2014 to stakeholders in 34 provinces, as well as professional organizations. In October 2016 and 2018, MoH held seminars for disseminating MoH Regulation No. 6/2014 at IBI (Central Board of The Indonesian Midwives Association) National Meeting in Batam and Jakarta.

130.Optimizing the role of health workers in the community is the key to prevent practice of female circumcision. Hence, health workers need to have a good knowledge to be able to inform and educate the community about the consequences of female circumcision, particularly to those who request female circumcision in health facilities.

131.MoH, with the support of UNFPA, is currently developing an advocacy strategy for the health sector in the form of guidelines and tools for health workers related to the prevention of female circumcision.

132.In 2017, MoWECP published a guide on advocacy and dissemination in regard to Genital Cutting and Injury (P2GP) for Religious Leaders and Institutions. It serves as a guidance for religious leaders, as well as leading religious institutions to convince the public that: there are no religious texts or verses, or religious teachings on female circumcision, that it has no medical benefit; and there are no social/behavioral consequences. These guidelines have been disseminated in South Kalimantan and North Sumatra. Another guideline, on “Preventing FGM” targeting Families and Community Leaders, is currently in the process of being drafted.

133.In 2018, the National Scholar of Islamic Boarding School and Islamic Organization meeting was held which generated the Risalah Bogor to encourage the adjustment of the P2GP fiqh law from Makrumah to Mubah and it could become haram if it was dangerous. The core of Risalah Bogor is to engage scholars and community leaders to provide a comprehensive understanding of female circumcision in order to avoid dangerous practice of female circumcision. This Risalah Bogor has been disseminated in 6 Islamic boarding schools in 6 regions (Pati, Payakumbuh, Bogor, Pamekasan-Madura, West Lombok, North Lombok) with the initiative of religious leaders.

134.MoH through the KIA Handbook present information to the public that female circumcision has no health benefits and pose risks to the current and future health of infants.

Freedom of Children from All Forms of Violence

135.Indonesia is committed to ending all forms of VAC. This commitment is seen in Indonesia’s active participation as one of the Pathfinder countries in the global partnership to eliminate VAC initiated by UNICEF. In addition, this commitment was also mentioned as one of President Jokowi’s actions as the HeForShe Impact Champion.

136.Protection of children’s rights and children’s welfare has been included in the 2015–2019 and 2020–2024 RPJMN.

137.Reducing VAC, lowering number of child labor, and preventing child marriage are among the 5 (five) priorities of MoWECP in 2020–2024.

138.In order to eliminate VAC, the Government has strengthened regulations and policies to protect children, through Law no. 17/2016 as a substitution for Law no. 23/2002 on Child Protection, which includes increasing the participation of the provincial government and providing more severe sanctions/penalties for perpetrators of violence.

139.Indonesia launched the National Strategy for the Elimination of VAC/Strategi Nasional Penghapusan Kekerasan terhadap Anak (Stranas PKTA) 2016–2020, under the coordination of MoWECP. Stranas PKTA consists of 6 (six) special objectives, measured through the targets contained in RPJMN as a reference for the implementation of national development in preventing and dealing with violence against children.

140.MoWECP expand some strategies to address the special needs of child victim of sexual exploitation and abuse as follows:

(a)MoWECP is preparing a draft Presidential Decree on Stranas PKTA, with 7 (seven) strategies proposed in the draft: (1) regulation and laws concerning on child violence, (2) implementation of child violence prevention, (3) implementation of the provision of services for children from violence quickly, comprehensive, and integrated, (4) strengthening cooperation in the prevention and provision of services for children from violence, (5) law enforcement measures, (6) recording and reporting systems for handling child violence and (7) improving coordination, monitoring, evaluation, and reporting on the implementation of prevention and service provision for children from violence;

(b)Government Regulation No. 59/2019 on Coordination of the Implementation of Child Protection was issued, which aims to: a) increase efforts to fulfill children’s rights and special protection for children, and (b) increase synergy and harmonious working relationships in fulfilling children’s rights and special protection of children;

(c)Presidential Decree No. 65/2020 expand MoWECP’s mandate to provide services for children who needed special protection that required national and international coordination.

141.The Regional Technical Implementation Unit for the Protection of Women and Children/Unit Pelaksana Teknis Daerah Perlindungan Perempuan dan Anak (UPTD PPA) is established by the regional government to provide services for women and children who experience violence, discrimination, special protection and other problems, according to their working area. The UPTD PPA is located at the provincial and district/city levels. The UPTD PPA undertakes 6 (six) service functions: public complaints, victim outreach, case management, temporary shelter, mediation, and victim assistance both psychologically and legally. 29 UPTD PPA are spread at the provincial level and 94 districts/cities.

142.Furthermore, to implement efforts to prevent violence against children at the grassroots level, the MoWECP has initiated a Community-Based Integrated Child Protection Movement/Perlindungan Anak Terpadu Berbasis Masyarakat (PATBM) strategy, a movement of networks or groups of citizens at the community level who work in coordinated and measurable targets to protect children. Currently, PATBM has been established in 34 provinces, 107 districts/cities and 359 villages.

143.PATBM needs to develop a network to optimize its activities. For this reason, collaboration with other village organizations such as the Family Welfare Empowerment Program/Primary Healthcare Center/Pusat Kesehatan Masyarakat (PKK), maternal and Integrated Health Centres/Pos Pelayanan Terpadu (Posyandu), men’s association, youth associations/Karang Taruna, and village-level children’s forums are crucial.

144.The 2016–2020 PATBM mapping data shows that PATBM has been formed in 34 Indonesian provinces and 68 districts/cities have become PATBM models and 274 districts/cities have replicated this PATBM model; a total of 342 districts/cities have been formed. At the village level there have been 136 model villages formed and 1,785 villages that replicated this PATBM model, a total of 1,921 villages formed PATBM.

145.Case management training at 32 UPTD PPA (implemented in 2019) aims to train people who work as child protection service providers and law enforcement officers/APH (police, prosecutors, judges). In 2020, case management training and convention on children’s rights will be held again for UPTD and APH in 28 provinces and 81 districts/cities.

146.To build a sufficient and effective monitoring mechanism for children facing the law, MoWECP has issued Regulation No. 13/2019 on Guidelines for Monitoring, Evaluation and Reporting on the Implementation of the Juvenile Justice System. This regulation includes synchronization of policy formulation regarding preventive implementation steps; completion of case administration; implementation of medical rehabilitation and social rehabilitation; and implementation of social reintegration.

147.Within the regulation, MoWECP also manages the procedures for carrying out the monitoring process for officers and children in conflict with the law to find out the services and conditions of children in conflict with the law, the obstacles that they face, and their needs. MoWECP also monitors the implementation of the Juvenile Criminal Justice System at least 3 (three) times in 1 (one year) to obtain data and information on the implementation of the Juvenile Criminal Justice System, particularly in term of implementing prevention, completing case administration, implementing medical rehabilitation and social rehabilitation, and implementing social reintegration.

148.Previously, the authority of the MoWECP was only at the level of coordination. With the new mandate, MoWECP needs to formulate protection governance from upstream to downstream, reinforcing authority and roles between the center, province and district/city determination of criteria for cases, perpetrators and victims handled by the center, limitations of services provided starting from complaints, assistance, case outreach, legal assistance, provision of safe houses, and the final referral service flow mechanism for victims of violence against women and children (VAWC), through the preparation of a Business Process Final Referral Service Guideline for Women and Children Victims of Violence.

149.To prevent and handling VAWC, MoH has issued several regulations, including:

(a)Decree of the Director-General of BUK No.HK 03.05/VI/1400/2012 concerning the Implementation Team of PP Sub-Task Force;

(b)Regulation No. 68/2013 on the Obligations of Health Service Providers to provide Information on Alleged Violence against children;

(c)Government Regulation No. 61/2014 on Reproductive Health;

(d)Regulation No. 6/2014 on Repealing of Regulation of the Minister of Health No. 1636/2010 on Female Circumcision;

(e)Regulation No. 25/2014 on Child Health Efforts;

(f)Regulation No. 71/2014 on the Procedures for Imposing Administrative Sanctions for Health Care Workers and Healthcare Providers in the act of abortion and reproductive health service with Assistance or fertilization-in-vitro;

(g)Regulation No. 3/2016 on Training and Providing Abortion Services for Indications of Medical Emergencies and Pregnancy due to Rape.

Helplines

150.Since 2015, MoSA has launched a special telephone line for children, called the Children’s Social Service Telephone (TePSA) 1500-771. This channel is registered in the International Child Helpline network in the Asia Pacific region, and is the only registered online channel from Indonesia. TePSA 1500-771 serves complaints/provides information, provides counselling services for children with problems, including emergency response services and makes referrals. TePSA 1500-771 is a real implementation of the principles and rights of respect for children’s opinions/views in the CRC as stated in article 10 of Law No. 23/2002 on Child Protection and based on the work principle or code of ethics of social workers, namely Sakti Peksos, as one of the professions that handles referrals from the TePSA program 1500-771.

151.In its implementation, TePSA has experienced renewal from time to time, including:

(a)Upgraded into 24-hour service that receives information nationwide related to cases of children;

(b)Expansion of services, including complaint services/information, counselling services, emergency services/emergency services, and referral services. TePSA 1500-771 has a referral system with various facilities owned by MoSA: 800 Social Worker Service Unit (Sakti Peksos) and Social Worker Supervisors, 7 Social Rehabilitation Center for Children Needing Special Protection (BRSAMPK), one Child Social Rehabilitation Workshop (LRSAMPK), one Rehabilitation Service Unit for Children with Disabilities (ULRAPD), and several partners nationwide;

(c)Integration with Social Worker Service Units (Sakti) throughout Indonesia for immediate handling of cases;

(d)TePSA counsellors follow every case progress handled by Social Workers;

(e)International connection for social workers/counsellors to keep up with global developments regarding child cases and their caregivers;

(f)Preparation of a system for reporting cases that are resolved from the results of case referrals to the Social Worker Service Unit (Sakti Peksos) based on the basic principles of the CRC. This reporting system provides full support for the research development process related to the issue of child protection and social services in Indonesia.

152.TePSA services are provided to the following category:

Report Entry to TePSA 1500-771, Per Case Category 2015–2019

No	Category	2015	2016	2017	2018	2019	Total
1	Children in emergency situation	4	7	15	8	3	37
2	Children in conflict with law	9	175	193	153	61	591
3	Children belonging to minority and isolated group	0	4	4	0	0	8
4	Exploitation of children	2	7	8	2	2	21
5	narcotic alcohol, psychotropic, and other addictive substance	0	6	10	12	3	31
6	Victim of pornography	0	3	2	0	0	5
7	Children with HIV/AIDS	1	0	2	0	0	3
8	Kidnapping and/or/trafficking	1	7	27	1	6	42
9	Physical/Psychological violence	12	100	120	8	24	264
10	Sexual Crime	14	238	398	348	106	1 104
11	Victim of Terrorism network	0	1	0	0	0	1
12	Children with special needs	5	27	18	1	3	54
13	Abandoned Children	15	107	169	84	25	400
14	Adoption	0	0	0	8	5	13
15	Child custody disputes	0	0	0	18	25	43
16	Disability	0	0	0	16	0	16
17	Information	25	705	660	330	333	2 053
	Total	88	1.387	1.626	989	596	4.686

153.The Regional Agency of WECP (Dinas PPPA) as a regional apparatus organization has the responsibility to carry out mandatory non-basic service affairs related to women empowerment and child protection. It carries out technical authority, for providing services to family based on gender equality and children’s rights, namely Family Learning Center/Pusat Pembelajaran Keluarga (PUSPAGA) service.

154.PUSPAGA is a family service unit aimed at improving the quality of family life carried out by enhancing the capacities of parents/families in carrying out the responsibility to provide love, care, safety and permanent and sustainable welfare in the best interests of children, including protection from violence, exploitation, abuse and neglect.

155.In its development, Dinas PPPA can expand its services to the sub-district and village/kelurahan levels. It requires coordination at the national, provincial and district/city levels.

156.The role of PUSPAGA is expected to reduce the number of children having family issues. PUSPAGA will also encourage the formation of families as 2P, where Pioneer Families will become role models in society by carrying out parenting that promotes children’s rights, and Reporting Families will assist in identifying vulnerable families.

157.The purpose of PUSPAGA:

(a)Providing “one stop services” for Integrative Holistic Families Based on Children’s Rights;

(b)Providing education platform through family service;

(c)Providing information, consultation and counselling services for children, parents, or guardians;

(d)Providing referral as a solution to child and family problems;

(e)Strengthening family capacity in caring for and protecting children based on gender equality and children’s rights;

(f)Strengthening the synergy of cooperation between the central and local government in fulfilling children’s rights and family quality.

158.Currently, 155 PUSPAGA are spread throughout Indonesia to ensure children’s physical, spiritual, mental and social development in carrying out parenting based on children’s rights. These services are:

(a)Counselling Services (8,416 families);

(b)Consulting Services (3,186 families);

(c)Information Services (62,202 families);

(d)Referral Services (1,078 families);

(e)Outreach Services (4,505 families);

(f)Promotion and Dissemination Program (178.043 families);

(g)2P Family Formation (3,525 families).

159.A total of 260,955 families have been served and assisted by PUSPAGA, including online counselling during the COVID-19 pandemic, carried out by one-on-one plus services, counselling services for assisted residents in several correctional institutions, group counselling services (youth), family counselling, and individual counselling.

VII.Family environment and alternative care

160.Family quality is one of the development sub-affairs mandated by Law No.23/2014 on Regional Government. In addition, Family Quality is also one of the development programs in draft RPJMN 2020–2024.

161.The Family Quality development program includes: (a) implementing holistic and integrated family development according to the life cycle, regional characteristics and targeted goals; (b) strengthening family functions in sustaining family values to generations; and (c) preparing family life and life skills in the era of digitizing information.

162.The Government faces several challenges in improving family quality. RPJMN 2020–2024 states that only 38 percent families are aware and aware of family function. The trend of divorce cases has increased from 344,237 cases in 2014 to 365,633 cases in 2016 (Statistics Indonesia, 2017). On the other hand, an increasing VAC, which reflects unsuccessful parenting, shows more concern. Childcare is essential in achieving family quality development. Childcare determines how children are nurtured and protected to prepare them with characters and to form a quality family in the future.

163.MoWECP has been given the mandate of child and family care since 2016 through the establishment of the Deputy for Child Development. The primary mandate of MoWECP is to carry out sub-matters of fulfilling children’s rights, particularly related to the aspects of child rights-based care with other related Ministries/Agencies, including Provincial and District/City Governments. Efforts made are:

(a)Initiation of drafting Child Care Bill, considering the absence of legal framework on the matter;

(b)Providing assistance in drafting Regional Regulations on the Implementation of Family Quality/Resilience;

(c)Formulating Child Rights-Based Care Modules, Standardization of Family Learning Centers, Standardization of Daycare for Women Workers/Laborers;

(d)Socializing Child Rights-Based Care for Human Resources in Alternative Care Institutions (Daycare, early childhood education programs, child social welfare institutions/orphanage, Boarding Schools, etc.) to 2,325 participants, to better provide care for children and maintain the separation of children from parents;

(e)Conducting Child Rights-Based Care Training in 29 provinces aiming at increasing the number of qualified childcare facilitators;

(f)Establishing 120 2P families for Child Care in 8 districts/cities, to form a role model for children rights-based caring at the community level;

(g)Providing 155 PUSPAGA in 12 Provinces and 136 Regencies/Cities;

(h)Compiling and carrying out monitoring and evaluation with the local government through Dinas PPA with the Social Service and Health Office regarding the fulfillment of special rights and protection for children in child social welfare institutions/orphanages.

164.Procedures for data collection, registration, recording, guidance and family visits to LPKA are carried out in an orderly manner through the Correctional Database System.

165.Correctional Database System is a Comprehensive Information Technology solution that covers all correctional business processes including collection, filtering, management, presentation, and communication of correctional information.

166.The Correctional Database System is centralized in the Directorate General of Corrections and is located in each LPKA with real time data quality.

VIII.Disability, basic health and welfare

Children with Disabilities

167.The GoI through the National Action Plan on Human Rights has encouraged Ministries/Agencies and local government to focus on the fulfillment and protection of the rights of persons with disabilities (PWD), among others by:

(a)Drafting of Government Regulation as mandated by the Law on Disabilities;

(b)Publishing of PWD-inclusive technical regulation on manpower, passport service and PWD special formation;

(c)Enhancing health services for people with mental disorders;

(d)Focusing human rights actions on technical capacity building for inclusive education teachers;

(e)Broadcasting sign language interpretation or closed captions on television and news programs.

168.Human rights actions goals achieved relating to PWD:

(a)Issuance of Government Regulation No. 70/2019 on Planning, Implementation and Evaluation of PWD’s rights recognition, protection and fulfillment;

(b)Issuance of the Regulation of National Civil Service Agency/Badan Kepegawaian Negara No. 1/2019 on Technical Guideline on Civil Service Recruitment with Employment Agreement. A number of arrangements on PWD among others concerning PWD-inclusive facilities during selection, such as a) special registry for PWD; b) reading assistants for the visually impaired; and c) accessible testing venues for PWD. Other arrangements include compulsory provisions of PWD-inclusive facilities during the testing period;

(c)Issuance of Circular on Provision of Human Rights-Friendly Facilities for Vulnerable Groups in Passport Issuance Services No. IMI-UM.01.01-2435/2018 and Warrants on the Provision of Special Service Lines for Persons with Disabilities No. IMI.1-UM.01.01-0849;

(d)Issuance of MoABR Regulation No. 23/2019 which regulates arrangements for PWD and Special Formations for Disabilities;

(e)Issuance of the MoABR Circular Letter No. B/1236/M.SM.01.00/2019 on the optimization of the implementation of MoABR Regulation No. 23/2019, PWD (physical, sensory, mental, and/or intellectual disabilities) may register for the Disability Special Formation, Other Special Formations, or the General Formation;

(f)Improvement of health services for People with Mental Disorders (ODGJ). As of March 2019, 4,474 shackling cases were handled by the MoH, 4,821 severe ODGJ received standardized health services spread across 34 provinces/284 districts/cities. The number of community health centers serving mental health increased to 4,879 until December 2019. MoH also established an Inclusion Health Roadmap which has been disseminated to 34 Provinces throughout Indonesia;

(g)Carrying out technical assistance in 2019 to 103 Primary Education teachers and 100 Higher Education teachers. MoEC issued Decree No. 0780/D6.2.2/KR/2019 (April 4, 2019) on Government Assistance Recipients for Inclusive Education in 2019 which confirmed the list of 150 schools as recipients of inclusive school assistance throughout Indonesia, amounted Rp. 50 million;

(h)Implementation of Learning Assistance for Children with Special Needs, disbursed with a budget realization of Rp. 198,762,125,000 to a total of 133,260 students with special needs;

(i)Broadcasting incorporated sign language in 15 national television stations, especially news. The Ministry of Communication and Information (MoCI) also raises public awareness about disability rights and perspectives through a variety of media, both video graphics and infographics;

(j)Conducting Press Freedom Index Survey in 2019, showing that the Disability Protection Indicator rose to 57.96 from previously 43.92;

(k)Implementation of Inclusive Village and District/City Action by The Ministry of Villages, Development of Disadvantaged Areas and Transmigration (MoVDDAT), which directed village funds for disability protection. In 2019, almost 90% of the Village Fund for disabilities was channelled for PWD’s training and capacity building;

(l)Strengthening the legal basis for the implementation of financial services for PWD through the establishment of an Operational Technical Guidelines as attached in Letter SE.OJK 31/SEOJK.07/2017;

(m)Updating Permanent Voters’ Data (DPT) carried out by the General Election Commission to increase PWD’s access in General Elections (including the Regional Election). The 2019 Election Voters List (DPT) enlisted 1,247,730 PWDs: 83,182 with physical disabilities, 166,364 with visually-impairment, 249,546 with hearing impairments, 332,728 mental disorders and other disabilities.

169.MoH has developed a module for handling children with disabilities at the family level, aiming to enable families to educate children with disabilities to live independently.

170.MoH through the MCH Handbook informs parents, families and caregivers about parenting for children with disabilities and information about parenting communities, community organizations for children with disabilities.

171.In addition, MoWECP has also issued Regulation No. 4/2017 on the Implementation of Special Protection for Children with Disabilities.

172.According to the 2019 Indonesian Children Profile book, 75.64% of children with disabilities aged 7–17 years attended school, illustrating that children with disabilities have the opportunity and access to education. Meanwhile, 7.70% children with disabilities quitted school, and 16.66% have never attended school.

173.Neglected children with disabilities will be accommodated in social rehabilitation institutions run by central and regional government.

174.Children with disabilities who are neglected or economically disadvantaged are accommodated in institutions under the Provincial Government. Furthermore, MoSA also establish PWD Technical Implementing Units. The PWD Unit is a representative of MoSA as a vertical agency in the regions dealing with PWD. These Units functions as temporary shelters and serve as a reference for MoSA in providing services for PWD unable to access services at the district/city and provincial level. During 2018, social rehabilitation for PWD was directly carried out by 19 PWD Units spread nationwide, which divided the types of services based on the types of disabilities. In addition to providing services within institutions, the Units also provides community outreach services with a non-institutional system, adjusted to the needs of each district/city.

175.To support the access of children with disabilities to education in public schools, MoEC issued Regulation No. 70/2009 on Inclusive Education. Inclusive education is an education system that provides opportunities for all students with disabilities and or students with intelligence potential and/or special talents to take part in education or learning in an educational environment together with students in general. Schools that provide inclusive education can work together and build networks with special education units, universities, professional organizations, rehabilitation institutions, hospitals, PUSKESMAS, therapy clinics, private sectors, NGOs and the community.

176.In addition, SRA established through MoWECP Regulation No. 8/2014 on Child Friendly Education Unit Policy, which is aimed at realizing children’s rights to education which is carried out gradually and based on equal opportunities, among others by taking steps to encourage regular education unit’s attendance and to reduce dropout rates; take appropriate steps to ensure school discipline is exercised in a manner befitting the dignity of the child. SRA is also expected to fulfill the rights of children with disabilities, such as the availability of accessibility and infrastructure suitable for children special needs.

177.MoWECP, through the Deputy Minister for Child Protection, has carried out various advocacy and outreach activities for the protection of children with disabilities, both to parents/families/companions and to the community, aiming to provide an understanding of children with disabilities, including how to fulfill their rights and protection. Advocacy and outreach to parents/families/companions are carried out by involving the Coordination Forum for Parents with Children with Disabilities in several provinces such as West Java, DI Yogyakarta, East Java, South Kalimantan and West Papua. Meanwhile, advocacy and socialization involving the community were carried out in 8 PATBM areas, namely Jambi, Riau Islands, Lampung, DKI Jakarta, East Java, East Kalimantan, Southeast Sulawesi and North Maluku.

178.Indonesia emphasizes that all citizens, including PWD, have equal rights and opportunities to achieve the best quality education as mandated in the Constitution and under various relevant laws and regulations (Law No. 20/2003 on the National Education System, Law No. 8/2018 on PWD, and Law No. 35/2014 on Child Protection). The Government has transformed its approach from charity-based perspective to rights-based participation in promoting equal opportunity, affordable, and quality education to fulfill the right to education for children with special needs or children with disabilities.

179.Various laws and regulations also apply to support the aforementioned laws, such as Decree of the MoEC No. 34/2006 on Management of Children with Special Needs and Special Abilities, Government Regulation No. 19/2005 on National Education, Decree of the MoEC No. 70/2009 on Inclusive Education, and Circular Letter of the Director General of Primary and Secondary Education Units No. 380/C.C6/MN/2003 which encourages each regent/mayor to provide inclusive education units in their respective regions.

180.On the provisions of educational institutions, Indonesia ensures that education units are accessible and inclusive for PWD through the implementation of Inclusive Education as mandated in the MoEC Regulation No. 16/2007 on Teacher Standards and Competencies, consisting of three categories of teachers in inclusive education institutions, including: classroom teachers, counselling teachers and special teachers as specific category to ensure Availability of teachers to teach in inclusive schools.

181.Currently, the paradigm has shifted from compulsory education to education rights, and the number of inclusive schools continue to increase. Inclusive Education in Indonesia comprises all levels of education from kindergarten to tertiary education, including vocational schools, to ensure PWD attain the highest education possible. In 2014, 3,604 elementary and primary schools provided education for PWD, consisting of 2,430 inclusive schools and 1,174 special schools throughout Indonesia.

182.To improve the quality of inclusive education, the Government has also collaborated with companies, in providing employment for PWD, and with contractors to provide access to school infrastructure. In the education process, special assistance for students with disabilities and special needs is provided on tests/examinations, as well as printed literature, including test/exam papers in Braille.

Health services

183.Based on the results of the 2013 and 2018 Basic Health Research (Riskesdas) reports carried out by the MoH, K1 coverage increased from 95.2% to 96.1%, ideal K1 coverage remained from 81.6% to 81.4%, K4 coverage increased from 70.4% to 74.1%, coverage of deliveries in health facilities (PF) increased from 66.7% to 79.3%, coverage of first neonatal visits (KN1) increased from 71.3% to 84.1%, coverage of complete neonatal visits increased from 39.3% to 43.5%, coverage of complete postpartum visits (complete KF) increased from 32.1% to 37%, IMD coverage increased from 34.5% to 58.2%, ownership of the MCH Handbook for pregnant women decreased from 80.8% to 75.2%, while for mothers of toddlers under five, it increased from 53.5% to 65.9%. Complete basic immunization decreased from 59.2% to 57.9%.

184.The following is the percentage of children aged 12–23 months receiving complete basic immunization, and the percentage of babies aged less than 6 months receiving exclusive breastfeeding from 2017 to 2019.

	2017	201 8 *	2019
Percentage of children 12 – 23 months who received complete basic immunization	50.31	58.42	55.33
Percentage of babies aged less than 6 months who are exclusively breastfed	55.96	44.36	66.69

Source : Susenas Maret, Statistics Indonesia .

* Riskesdas, MoH .

185.Since 2016, MoWECP has encouraged efforts to fulfill children’s rights to health and welfare at primary health facilities (Puskesmas), through the implementation of PRAP.

186.The implementation of PRAP is stipulated by MoWECP based on Law No. 35/2014 on Amendments to Law No. 23/2002 on Child Protection, which is strengthened by the application of several other laws, namely: 1) Law No. 36/2009 on health; 2) MoH Regulation No. 25/2014 on Child Health Efforts; 3) MoH Regulation No. 75/2014 on Puskesmas; and 4) Circular Letter of MoWECP, MoHA, and MoH in 2016 on Development of Child Friendly Services in Puskesmas.

187.To accelerate the initiation of PRAP towards a KKLA, since 2016 MoWECP has carried out several programs which includes; advocacy to district/city regional leaders; PRAP training for 2,540 health workers, as well as related SKPDs in 34 provinces; training on CRC in particular related to Cluster 3 (basic health and welfare); and providing assistance for waiting rooms/children’s play rooms for 295 puskesmas in 69 districts/cities.

188.Since 2017, as appreciation to Puskesmas which have implemented child-friendly services MoWECP present these Puskesmas with awards. Criteria for the award includes innovation and outreach in providing health services for the community, especially for mothers and children, including for children with disabilities.

189.MoWECP continues to promote innovation by Puskesmas in providing services for infants and children, especially for obtaining complete basic immunization (IDL). In addition, MoWECP also promotes the use of technology as a solution to address challenges related to the management of vaccine distribution.

190.In addition, MoVDDAT has also supported efforts to increase health and welfare through the Village Fund to improve people’s welfare. Until 2018, the Village Fund has been used to build 5,402 village maternity lodges (Polindes), 11,574 Posyandu, and 123,858km of village roads. This serves as a solution to facilitate access for pregnant women (and their families) living in 3T areas (disadvantaged, frontier and outermost) to give birth in health facilities that were previously difficult to reach.

191.Responses to general comment number 15 (2013) on children’s rights to the enjoyment of the highest standard of health (Article 24) are as follows:

(a)MoH Regulation No. 97/2014 on Health Services for the Period before Pregnancy, Pregnancy, Childbirth and the Postnatal is an effort by the Government to reduce maternal mortality and ensure access to reproductive services;

(b)MoH Regulation No. 89/2015 on Oral and Dental Health focusing on health services for pregnant women and children in stages starting at the toddler, pre-school, elementary and secondary levels so that occlusion irregularities and aesthetic disorders can be prevented since early stage. In 2018, the Directorate of Public Health and Nutrition, MoH, has also published a Guidebook for Strengthening Public Health Services at Puskesmas emphasizing the main function of Puskesmas in promoting Promotive and Preventive efforts including related outreach to the community;

(c)MoWECP has conducted training for health workers on CRC, to provide a better understanding of children’s rights, including to obtain good health services. PRAP program has also ensured proper sanitation in health services provision.

Youth Health

192.Government Regulation No. 61/2014 on Reproductive Health includes the obligations of central government, provincial and district/city governments to organize comprehensive reproductive health service facilitation. This Regulation also covers Adolescent Reproductive Health Services, specifically regulated in Article 11 and Article 12. It also covers health services before pregnancy, during pregnancy, childbirth and postnatal services, which guarantees that every woman is entitled to quality reproductive services, although it does not explicitly mentioned arrangements for pregnant adolescent, teenage mothers and their children. Health services for pregnancy is further governed by MoH Regulation No. 97/2014.

193.MoWECP promotes FAN to also act as 2Ps in Reproductive Health. In this case, MoWECP conducts Reproductive Health Socialization to FAN as 2P, which also aims to increase knowledge and to open access to information on reproductive health for children. Children are expected to understand the importance of maintaining reproductive health.

194.In addition, MoWECP has initiated the Joint Movement for the Prevention of Child Marriage (GEBER PERKAWINAN ANAK) since 2017 and which were renewed on January 31, 2020. Based on the data from Statistics Indonesia, the number of child marriages measured by the indicator “the proportion of women aged 20-24 years married before the age of 18 years” has decreased over the past 3 years, from 11.54 percent in 2017 to 11.21 percent in 2018, and to 10.82 percent in 2019.

195.MoH Regulation No. 25/2014 on Child Health mandates the implementation of school-age and adolescent health services through Education Unit Health Enterprises/ Unit Kesehatan Sekolah (UKS) and Youth Care Health Services (PKPR). Puskesmas PKPR not only deals with the physical health problems of youth groups, but also assesses and considers their various psychosocial aspects as the basis for comprehensive interventions. Until 2019, 6,502 Puskesmas PKPR (64.76%) reached out to youth outside of the education unit by involving the community and existing organizations.

196.MoH in collaboration with the MoRA, MoEC, UNFPA, UNICEF, WHO and UNESCO developed a Healthy School Model which carries out various activities: health education (health literacy, sharing breakfast, Clean and Healthy Living Behavior), health services (health screening, immunization), a healthy environment (healthy canteens, environmental hygiene, use of the yard, peer counsellors) which are integrated into daily learning activities.

197.MoH has developed a comprehensive reproductive health education module for elementary, junior high and high school (and equivalent) teachers. These modules are a means for teachers to spread knowledge, develop skills, build positive and healthy attitudes and behaviour about reproductive health. The material in this module contains comprehensive information on reproductive health including puberty substances, reproductive organs, drugs, and education for healthy life skills so that adolescents will get a complete understanding as a provision to protect them from environmental influences and risky behaviour. This module can be delivered through several approaches that are integrated with subjects, local content, core curriculum, extracurricular activities, guidance and counselling as well as enrichment and habituation.

198.MoH has compiled the My Health Report Card with MoEC and MoRA which is aimed for all children at education level (elementary, junior high, & high education units). My Health Report Book each consists of 1 Health Information book and 1 Health Record book. The information on my Health Report Card includes clean and healthy living habits, reproductive health, immunizations, infectious and non-communicable diseases. My Health Report Card is intended to increase the knowledge of students so that they can adopt clean and healthy living behaviours and prevent risky behaviour.

199.To reach out to teenagers and school youth, MoH, acknowledging that youth and youth participants can take part in providing basic reproductive health services, collaborate with the Scout Movement (Pramuka Saka Bhakti Husada), and Youth Posyandu. As of July 2020, 2,000 youth health posts have been formed and implemented by youth at the Village/Kelurahan level. Youth Posyandu brings youth access to health services that are promotive and preventive while simultaneously increasing their capacity to participate in improving health in their neighbourhood.

200.The Coordinating Ministry for Human Development and Culture (CMfHDC) has issued Decree No. 1/2018 on the 2017–2019 National Action Plan on School Age and Adolescent Health, which includes reproductive health programs for school-age children and adolescents. The implementation of the National Action Plan on School Age and Adolescent Health enables other ministries to identify, connect, understand adolescent health issues and participate in improving the health of school-age children and adolescents. However, coordination and strategic efforts are still needed to optimize the collaborative implementation of the established programs. Currently, the drafting process of National Action Plan on School-Age Children and Adolescent Health (2020–2024) is ongoing by involving multi stakeholders including approving main health and welfare issues for school-aged children and adolescents which should be prioritized.

HIV/AIDS

201.Presidential Decree No. 82/2018 on Health Insurance, guarantees that each participant has the right to receive health insurance benefits, which include individual health services for promotional, preventive, curative and rehabilitative services. It includes services for drugs, medical supplies and consumables based on medical necessity. HIV/AIDS is also included and guaranteed by the National Health Insurance/Jaminan Kesehatan Nasional (JKN) program, while the management and provision of therapy are in accordance with applicable medical service standards.

202.MoH Regulation No. 52/2017 on Elimination of Transmission of Human Immunodeficiency Virus, Syphilis and Hepatitis B from Mother to Child, provides a reference for the central and local government, health personnel, and other stakeholders in the implementation of elimination of transmission, cutting off transmission of HIV, Syphilis and Hepatitis B from mothers to children, and reduce morbidity, disability and mortality due to HIV, syphilis, and Hepatitis B in mothers and children.

203.Treatment coverage is about 50% of the number of pregnant women in Indonesia. Cilegon has been declared a model city for the elimination of HIV transmission (vertical) from mother to child in 2018 and 2019, because the coverage of screening for pregnant women is more than 95% and 5 babies of HIV mothers are all free from HIV infection.

204.Kilau Campaign for HIV/AIDS and Drug Free Generation is a form of education carried out by the MoWECP to the community, especially children by using songs. It was conducted in 2 provinces (2019); Bali and North Sulawesi, aimed at providing correct information on HIV/AIDS, and ending the stigma received by survivors.

205.The commemoration of World AIDS Day 2019 was carried out with a powertalk event during Jakarta’s Car Free Day. The theme “People Who Make Change”, is also in line with what the MoWECP has done in community empowerment to educate the public.

Drug Abuse

206.Through Law No. 35/2009 on Narcotics, the GoI aims to ensure medical and social rehabilitation efforts for abusers and narcotics addicts.

207.To gain data and ensure access for medical and social rehabilitation, the Government mandated report by narcotics addicts or their family for under age addicts. Procedures for this mandatory reporting are governed by Government Regulation No. 25/2011 on the Implementation of Mandatory Reporting for Narcotics Addicts, MoH Regulation No. 50/2015 on Technical Guidelines for Mandatory Reporting and Medical Rehabilitation for Addicts, Abusers and Victims of Narcotics Abuse, and MoH Regulation No. 4/2020 on the Implementation of Report Obligatory Recipient Institutions.

208.The principles of efforts to provide drug rehabilitation services are:

(a)Available at every level of existing health service both at First Level Health Facilities (FKTP) at Puskesmas, and Advanced Referral Level Health Facilities (FKTRL);

(b)Not building new health care facilities;

(c)Generate a circular to all Provincial Health Offices to propose Health Service Facilities to be designated as places for Drug Rehabilitation.

209.Policies and strategies for providing access and human resources in services for addicts, abusers and victims of narcotics abuse, are;

(a)Designated 749 Health Care Facilities as Recipient Agencies for Obligatory Reporting (IPWL) (2018);

(b)Increase the capacity of health workers in the medical rehabilitation of drugs through the Deconcentration Fund Allocation and the National Budget;

(c)Providing national budget allocations for medical rehabilitation of drug abusers.

210.FAN plays a role as a 2P in relation to child issues on health and welfare. 2P also conducted the Danger of Cigarettes campaign to peers, school, family, and neighbourhood aimed to protect children from the dangers of smoking.

211.The 2P mechanism is performed according to the portion and authority of the children. The measure of success is indicated by the increase in children’s knowledge about the dangers of smoking, the decrease in the number of child smokers, the number of children who stop smoking and the role of children in supervising Cigarette No Smoking Areas (KTR).

212.Prevention of substance abuse is also carried out through the use of fun positive character development methods through stories to students before class session to instil noble values and measure student self-resistance.

213.The National Narcotics Agency (BNN) has also conducted youth self-defense mapping in 2018 with research samples taken from 34 provinces. Mapping results show that family is an important factor in fostering adolescent self-resistance to drug abuse.

Breastfeeding

214.Law No. 36/2009 on Health, Article 128 paragraph (1) states that every baby is entitled to exclusive breastfeeding for 6 months, except for medical reasons. Article 129 paragraph (1) states that the Government is responsible for determining policies to guarantee the baby’s right to exclusive breastfeeding. The law is strengthened by Government Regulation No. 33/2012 on Exclusive Breastfeeding. To improve the achievement of exclusive breastfeeding, MoH issued Regulation No. 15/2013 on the procedures for providing special facilities for breastfeeding and/or breast milk pumping.

215.MoWECP promotes exclusive breastfeeding through KKLA and PRAP policy, resulting in the provision of breastfeeding rooms equipped with breastfeeding infrastructure for babies, breast milk pumping, storing milk, and breastfeeding counselling. MoWECP also provides assistance for the provision of breastfeeding facilities in public spaces (terminals, seaports and traditional markets) from 2016 to 2018 in 29 provinces.

216.Socialization is also carried out through Family Forums, Posyandu and PKK, as well as religious and community leaders.

217.The 2019 data from MoH stated that 71.17% newborns received Early Breastfeeding Initiation (IMD). Meanwhile, 68.74% of babies received exclusive breastfeeding. The 2015–2019 National Action Plan on Human Rights include action to reduce malnutrition including through providing support for breastfeeding mothers. In 2019, an increase in the exclusive breastfeeding rate to 50.7% and basic immunization to 2.9 million children (97.8% of the total number of children in 2019) were achieved.

Living Standard

218.Until 2019, the Non-Cash Food Assistance/Bantuan Pangan Non Tunai (BNPT) Program targeted 15.6 million Beneficiary Families/Keluarga Penerima Manfaat (KPM) with an index of Rp. 110,000/KPM/month, in the form of food aid (rice and eggs).

219.In 2020, BPNT changed to the Basic Food Program with an increased index to Rp. 150.000/KPM/month, for additional nutritious food support for children with stunting. During the Covid-19 pandemic, the target of the Staple Food Program increased to 20 million KPM, with an increase in the index to Rp. 200,000/KPM/month (with the same food content through non-cash scheme).

220.In addition, Cash Social Assistance/Bantuan Sosial Tunai (BST) has a KPM target of 9 million, with the index aid of Rp. 600,000/KPM/month during April to June 2020. Then from June to December the aid index is Rp. 300,000/KPM/month.

221.Presidential Instruction No. 7/2014, stipulates the legal framework for social protection schemes aimed at poor households, by issuing Prosperous Family Cards/Kartu Keluarga Sejahtera (KKS) through which Indonesian poor households can obtain the Indonesia Smart Card/Kartu Indonesia Pintar (KIP) and the Healthy Indonesia Card/Kartu Indonesia Sehat (KIS). Card benefits include education, health and welfare programs (free health insurance and 12 years of free education), through one card (from cash to non-cash). Until 2018, KKS had been distributed to 15.5 million poor households, KIS to approx 92.24 million people, and KIP to approx 19.7 million school-age children.

IX.Education, leisure and cultural activities

Education, including vocational training and guidance

222.In accordance with Article 31 of the Constitution, every citizen has the right to education without exception. Thus, the government continues to improve the quality and access of education services for all, including for children in 3T areas.

223.Since July 2019, the GoI through the MoEC Circular Note has enacted a policy to facilitate free access to basic and secondary education for children of asylum seekers/refugees, in which they will be given a certificate of verification. However, it cannot be used as a valid document to apply for jobs, as formal graduate certificates would.

224.The Government continues to ensure access to education, including for internally displaced children due to disasters in Indonesia, by making emergency classes supported by various parties, including for children without birth certificates to be accepted by schools and receive their full education.

225.For children of migrant workers, the Government in cooperation with the private sector has established CLC in cities overseas where there is a large number of Indonesian citizens, including many migrant workers.

226.The issuance of MoHA Regulation No. 96/2019 on Data Collection and Issuance of Population Documents for Vulnerable Populations is expected to facilitate access to education for children who previously did not have birth certificate documents.

227.Furthermore, access to education in 3T areas is still a challenge, especially on facilities, infrastructure, and teaching staff, among others. The GoI continues to encourage access to education through:

(a)School development programs;

(b)Provision of incentive funds and opening up opportunities for many teachers to be placed in remote areas, by:

•Undergraduate Educating in the 3T areas/Sarjana Mendidik di Daerah 3T program is an undergraduate services program to participate in accelerating education development in 3T areas for one year;

•The Frontline Teacher Program/Guru Garis Depan.

228.The Government also continue to increase the number of teachers. In the 2019, the number of admissions for the Civil Servants Candidates for teacher reached 63,324 vacancies, out of 152,286 education personnel vacancies.

229.Improving the quality of education is also encouraged through the Merdeka Teaching program, where teachers make the necessary learning innovations according to conditions in their respective classes.

230.One indicator of SRA is the existence of a mechanism for handling cases, including helping pregnant female students or children who are victims of violence to get special protection, in collaboration with service agencies. Pregnant children who are in SRA may not be expelled and receive assistance by child psychologists at P2TP2A and PUSPAGA.

231.Several strategies implemented by schools to ensure pregnant children can still attend school, include providing opportunities for “school leave” to continue study at home with special guidance, and giving children the opportunity to go back to school or be assisted to return to school after giving birth.

232.The SRA program also plays a role in overcoming the issues of violence, including bullying in schools, by adults or peers. In SRA, school rules as an important disciplinary instrument should not contain punishment and violence, instead must be in the form of nurturing and promoting children’s responsibility.

233.In addition, MoEC has also issued Regulation No. 82/2015 on the Prevention and Handling of Violence in Schools. Primary understanding of child protection is essential for prospective educators and emphasized through the provision of knowledge or curricula in every Higher Education institution, especially in Education Faculty in Indonesia.

234.Nevertheless, for the 2019/2020 academic year, the number of school-age children who did not attend school or dropped out of school was still high. Some of the reasons include economic factors, geographical factors, attending home school, attending non-formal education, or attending Islamic boarding school. At the same time, there are many people who are already working or already have families but still want to continue their education at the secondary/junior high school/senior high school levels outside the formal education system. Thus, the Government continues to support equalization services in education as an alternative education for the community.

Early childhood development

235.Currently, the GoI is developing an Integrative Holistic Early Childhood Development/Pengembangan Anak Usia Dini Holistik Integratif (IHECD) program. This is an implementation of Presidential Regulation No. 60/2013, and RPJMN 2020–2024 on equal distribution of quality education services by emphasizing the need to increase coordination across sectors and levels of governments in strengthening IHECD.

236.As a follow up, the CMfHDC has issued Regulation No. 1/2019 on the IHECD Sub-Task Force; and the Decree on the Secretariat of the IHECD Task Force. Indonesia also has completed the draft of the National Action Plan of IHECD program, which will be launched soon.

237.The MoEC will formulate guidelines for the implementation of IHECD in Early Childhood Development (ECD) units. The MoEC have implemented the program as a pilot project for 3 years in Kupang and Bogor, whereas the results will be replicated in other areas. In 2020, the MoEC provides budget support to 100 districts/cities for the drafting of regional regulations in the framework of implementation of IHECD.

238.In terms of early childhood health, MoH is developing Posyandu to support IHECD, particularly to reduce stunting and wasting. Until now, only 19.2% of Puskesmas carry out Posyandu. In the future, the program will continue to be increased up to 80%. During a pandemic, Posyandu continues to provide services, by observing health protocols, including: 1) improving maternal and child health and reproductive health; 2) Accelerate the improvement of community nutrition; and 3) strengthen health services.

239.Puskesmas also plays a role in implementing an integrated promotive and preventive efforts through the Healthy Indonesia-Family Approach Program (HI-FAP). HI-FAP indicators include complete basic immunization for infants, 6 months exclusive breastfeeding for infants; and monitoring the growth of children under the age of five every month.

240.MoVDDAT has issued Regulation No. 11/2019 on Priority for the Use of Village Funds for 2020; and its amendments, Regulation No. 6/2020, and Regulation No. 7/2020. Through these regulations, village funds are prioritized to finance implementation programs for development and community empowerment through: (1) Improving the quality of life; (2) Increasing welfare; (3) Poverty alleviation; and (4) Increasing public services (including the implementation of IHECD).

Rest, leisure, recreation and cultural and artistic activities

241.The Government is not only protecting children in schools, but also providing a healthy, green, inclusive, safe, and comfortable place for children to do activities in their spare time in a positive, creative and innovative way and also supporting local culture. In this regard, the Government established a Child Creativity Center/Pusat Kreativitas Anak (PKA) which was developed by the local government for free. In the future, PKA can be developed from a Creativity Center, Mosque, Church or others into a Child Friendly Mosque, Child Friendly Church, Smart House, Regional Library etc.

242.PKA is accessible to all children, including children with disabilities, children in remote indigenous and local communities, and children from marginalized groups.

243.In addition, MoWECP also involves a child-friendly worship home to be used as a meeting place for children in their spare time. Currently, the Government has begun to build a Child Friendly Mosque (CFM). Since 2017, MoWECP has introduced the CFM policy and is assisted by CMfHDC, MoRA, and the Indonesian Mosque Council.

X.Special protection measures

Asylum-seeking and refugee children

244.Indonesia is not a state party to the Refugee Convention 1951 and its Protocol 1967. However, since 1975, Indonesia has been a transit country for refugees as well as international asylum seekers (refugees from the Vietnam War).

245.The GoI is committed to assist refugees, including those with special needs (women, children, and disabilities) in line with humanitarian principles and international law as well as the protection of human rights. It is reflected in Presidential Regulation No. 125/2016 on the Handling of Overseas Refugees, as part of a provision of Article 27 of Law No. 37/1999 on Foreign Relations.

246.The regulation sets responses in emergency situations, shelter provision and strengthens the local government capacity, realization of basic needs and emphasizes the importance of paying particular attention to the special needs of refugee children as well as elderly, sick, and refugees with disability. This regulation is a lex specialis to the immigration law. Special management of refugee children is regulated in Article 27 of Presidential Regulation No. 125/2016.

247.Article 27 of the Presidential Regulation also regulates the rights of refugees with special needs to be placed outside detention centers, facilitated by international organizations in the field of migration affairs, after obtaining permission from MoLHR through the Directorate General of Immigration.

248.Placement outside the shelter for refugees with special needs is carried out with the following conditions:

(a)Provision of care by medical personnel as needed;

(b)Children who become refugees are given care based on the principle of the best interests of the child;

(c)Sick refugees required treatment are placed in health care facilities; and

(d)Refugees suffering from infectious and dangerous diseases are referred to hospitals or certain other health service facilities.

249.Indonesia has issued a policy that refugees, including children, can no longer be detained in the immigration detention center. This policy is stipulated on the Circular Note of the Directorate General of Immigration MoLHR, on returning the function of the detention center for its initial purpose. Therefore, the refugee shall live in shelter funded by IOM and UNHCR, live independently, or in a shelter provided by the local government. Under Indonesian regulation, it is mandatory for all refugees to regularly report their condition to the nearest immigration detention center.

250.Children who live with family can be located in either IOM Accommodation, independently under UNHCR/NGOs care, or government temporary shelter, for example temporary shelter in Kalideres. While unaccompanied or separated children live in either IOM Community Housing, group home by UNHCR and its implementing partner, or live independently.

251.In addition, since 2009, through the Handayani Social Rehabilitation Center for Children Needing Special Protection or RPSA in Jakarta, the Government has provided social rehabilitation services for child refugees.

252.Indonesia provides access for refugee children and their families to healthcare facilities ranging from Puskesmas to government-owned hospitals, at the same rates as Indonesian citizens.

253.The GoI in cooperation with UNHCR, IOM and NGOs also provides service for refugee children and women who are victims of domestic violence by providing legal consultation, psychological counselling, referral to relevant agencies including the police, court, etc.

254.Various NGOs that have worked with the GoI, include the Jesuit Refugee Service (JRS), and Suaka which focuses on legal assistance for refugees. There are also NGOs that specifically pay attention to the education of child refugees, such as the Cisarua Refugee Learning Center, Roshan Learning, and the Sunrise Refugee Learning Center from the Sandya Institute. The GoI continues to promote the contribution of NGOs in enhancing the protection of the rights migrant and their family including refugee children.

255.On the other hand, MoWECP is currently preparing a Draft Position Paper relating to the Protection of Children in the context of International Refugees. It will serve as the legal basis for the MoWECP to protect child refugees in Indonesia. Although not a party to the Refugee Convention, Indonesia is a party to the CRC, who has an obligation to protect children in Indonesia, including child refugees. Indonesia also respects the principle of non-refoulement which is recognized as customary international law and accepts refugees who come to Indonesia under humanitarian consideration.

256.Based on UNHCR data, currently an estimated 13,657 foreign refugees and asylum seekers resides in Indonesia, many of whom have lived for 5 to 10 years. To this end, it is necessary to strengthen multilateralism and cooperation based on the principle of burden sharing, among others through the Bali Process, Sustainable Development Goal, Global Compact on Migration, and Global Compact on Refugees.

257.In this context, Indonesia continues to encourage countries who are State Party to the 1951 Convention to implement their commitment towards their international obligations, and work together for the protection of refugee children wherever they are. The cooperation includes sharing expertise, information, and resources, as well as provision of funding.

Children belonging to minority or isolated groups

258.As a manifestation of the Government’s commitment to children from various levels of society regardless of their background and uniqueness, including children from minority or isolated groups, the MoWECP has prepared a Guidelines for the Protection of Children for Minority and Isolated Groups in 2019.

259.The Guidebook was created as a reference for ministries/agencies, local governments, parents, assistants and the general public to collaborate and work together in providing physical and psychological protection, providing services and fulfilling the rights of children from minority and isolated groups to achieve decent life and welfare for children.

260.MoWECP has also completed a Guidelines for the Protection of Children of Religious Minorities from Violence and Discrimination. Based on its duties and functions, MoWECP sees the importance of developing policies that can protect children from different religions and beliefs.

Economic exploitation, including child labour

261.Indonesia has ratified the ILO Convention No. 182 concerning the Worst Forms of Child Labor through Law No. 1/2000. In addition, Law No. 13/2003 concerning Manpower also regulates child labor.

262.Article 69 of the Manpower Law stipulates that children can work in certain types of jobs as long as it does not hamper their physical, mental and social development and health. In addition, business/employers who employ children must meet certain requirements: 1) written permission from the parents or guardians and a work agreement between the employer and the parent/guardian, which regulates a maximum working time of 3 (three) hours; 2) jobs must be done during the day and does not interfere with school time, and ensure the safety and health of the children; 3) a clear work relationship, and 4) children receive wages in accordance with applicable regulations.

263.Furthermore, Article 74 paragraph (1)–(3) of the Manpower Law prohibits the employment and involvement of children in the worst type of jobs, includes:

(a)Any work in the form of slavery;

(b)Any work that utilizes, provides or offers a child for prostitution, pornographic production, pornographic performances, or gambling;

(c)Any work that uses, provides, or involves children for the production and trade of liquor, narcotics, psychotropic substances and other addictive substances; and/or

(d)All work that endangers the health, safety or morals of children;

264.The GoI has also issued the Ministry of Manpower and Transmigration (MoMT) Decree No.KEP.235/MEN/2003 on Types of Work that Endanger the Health, Safety or Morals of Children, and in its attachment, which regulated work that contains physical hazards, chemical hazards, biological hazards, certain dangerous properties and conditions.

265.According to the 2019 National Labor Force Survey/Survei Angkatan Kerja Nasional (Sakernas) data, 2.36 million of the workforces is children aged 10–17 years, or around 6.35%. Based on the Child Labor Reduction Program in support of the Family Hope Program data in 24 Provinces and 168 Regencies/Cities, data on the number of child laborers increased from 16,000 in 2015 to 16,500 children the following year.

266.Currently, ILO Jakarta is also updating estimation data of child labor using the 2011–2018 Sakernas database to obtain a picture of the activities of children aged 10–17 years; to estimates the prevalence of working children; and to get overview of some of the basic characteristics of working children during the 2011–2018 period.

267.Considering the number of child labor, the Government continues to carry out various programs to realize the National Action Plan on the Elimination of the Worst Forms of Child Labour/Rencana Aksi Nasional Penghapusan Bentuk-Bentuk Pekerjaan Terburuk untuk Anak (RAN-PBPTA).:

•The Child Labor Reduction Program in support of the Family Hope Program/Program Keluarga Harapan (PKH) to ensure children returning to school through cross-sectoral coordination at both central and regional levels. Since 2008–2020 this program has succeeded in attracting 143,456 child workers to return to schools and skills development;

•Socialization/Supervision/Examination of Norms for Protection of Child Labor and the Worst Forms of Child Labor Norms in 48 regions;

•Campaign against child labor, commemorated every 1st of June;

•The establishment of Child Labor Free Zone in Makassar, Karawang, and Banten;

•The declaration of child labor-free districts/cities for example Serdang Bedagai and Gianyar districts;

•Issuance of local regulations relating to the Elimination of Child Labor;

•Provision of free education to child workers in East Kutai;

•Issuance of MoHA Circular Note No. 560/1134/PMD/2003 addressed to Governors and Regents/Mayors throughout Indonesia, to implement of elimination of trafficking in persons in the regions, carried out by a work unit within the ranks of local government that has the authority to handle women and child affairs, including child labor;

•Cooperation with child labor NGOs through the “Joint Communique on the Prevention and Withdrawal of Child Labor”;

•Encourage the involvement of companies to participate in efforts to reduce child labor through CSR programs;

•Provision of education and training to young people (Vulnerable Child Labor) before being placed in the workplace.

268.MoWECP has also drafted a strategic plan for reducing child labor for 2020–2024, which includes:

(a)Prioritizing preventive action against child labor involving families, schools and communities;

(b)Improve the reporting system and services for complaints about the occurrence of child labor;

(c)major reforms in the management of child labor cases to accelerate the process in an integrated and comprehensive manner.

269.The Government is also working with NGOs to develop a community-based monitoring model to provide protection to domestic workers/child domestic workers, involving relevant ministries, trade/labour unions, NGOs, and sub-district organizations.

270.The government also provides sanctions for those who violate provisions related to child labour. Article 183 of the Manpower Law regulates imprisonment for a minimum of 2 (two) years and a maximum of 5 (five) years and/or a fine of at least Rp. 200,000,000 and a maximum of Rp. 500,000,000.

271.To strengthen the normative framework for better protection of domestic workers in Indonesia, a Bill on Domestic Workers is being discussed in the Parliament. The issue that has come to the attention of the Committee has been taken into consideration in the preparation of the bill.

272.Meanwhile, the MoMT has issued Regulation No. 2/2015 on Protection of Domestic Workers as a prerequisite for the implementation of the bill. The Bill aim to provide better protection for domestic workers/helpers, through the fulfilment of rights to wages, leave, worship time, social security and humane treatment, as well as obtaining rights agreed with service users. In addition, the community/village environment is encouraged to participate in monitoring, to ensure the safety of domestic workers.

Children in street situation

273.The protection and treatment of children in street situations are undertaken within the framework of PKH. PKH is a conditional social assistance program targeted at families in poverty who are eligible for PKH recipients, initiated in 2007. PKH aims to serve as the epicentre in alleviating poverty, which synergizes various social protection and empowerment programs at the national level. PKH ensures the level of social welfare and its benefits are mainly addressed to pregnant women, children, persons with disabilities and the elderly, as mandated by the constitution and the President’s top priority program (Nawacita program).

274.The GoI specifically has a social assistance program for homeless people directed at children with social welfare problems, social assistance for the elderly and PWD.

275.Government programs to address children in street situations includes social assistance, cross-sectoral coordination, dissemination of information, and the establishment of Norms, Standard, Procedures, and Criteria to treat children with street situations inside or outside shelters.

276.Integrate Social Welfare Data as of October 2020 shows that 8,320 children in street situations and 64,173 homeless children are among 183,776 children who are already the subjects of treatment in both children’s social welfare institutions and guardianship.

277.During 2020, 6,970 homeless children were provided with social assistance through 340 child social welfare institutions across 34 provinces.

Sale, trafficking and abduction

278.In addition to Law No. 21/2007 on TIPs, prohibition of child trafficking is regulated in Law No. 35/2014 Article 76, which states that every person is prohibited from placing, permitting, carrying out, ordering or taking part in the kidnapping, selling, and/or trafficking of children. The terminology does not specifically define child trafficking, but the Draft Government Regulation on Special Protection of Children will include efforts to prevent and handle child trafficking.

279.TIPs Task Force undertakes coordination and handling of TIPs; advocacy; dissemination; training; national and international cooperation; monitoring the progress of victim protection, including rehabilitation, repatriation, social reintegration; monitoring law enforcement; and reporting and evaluation.

280.TIPs Task Force in provincial and regional/city level undertake coordination and communication directly with multi sectoral agencies and stakeholders to establish regulations, programs, and activities in the form of National Action Plan and Regional Action Plan. Regional TIPs Task Forces have been established in 32 provinces and 238 regencies/cities. There has been a decline in the number of cases in provinces which are the origin, transit, and destinations of TIPs.

281.Center of Research and Development MoLHR has carried out four research regarding TIPs, among others:

(a)study on the handling of TIPs in East Nusa Tenggara Province as a province with a high rate of TIPs cases which identified the challenges and obstacles faced by the local government and produced recommendations for institutional strengthening at the provincial level. Handling of TIPs requires comprehensive mapping, not only in eradicating and punishing perpetrators but also in combatting TIPs and empowerment of victims;

(b)study on the state’s responsibility in overcoming TIPs identified the effectiveness of the TIPs Task Force and recommended the need for an operational institution by strengthening the Task Force’s capacity, which currently serves as a coordinating agency.

282.In regard to criminal proceedings, the government has proceeded to trial a number of cases, with the details as follows:

	Court verdict
Year	Number of reports	Completed cases	Remaining reports	Trial in courts	Final	Appeal
2017	113	63	50	62	6	-
2016	184	147	37	78	10	-
2015	109	75	34	24	17	-

283.International cooperation in TIPs is carried out in regional cooperation through ASEAN framework, Bali Process and in bilateral cooperation such as MoU with UAE and UN Agencies (IOM, UNTOC) on prevention, protection and handling.

284.To facilitate and expand the service coverage and coverage area of victims of violence, Indonesia has established an integrated service center to provide mechanisms for prevention, protection, promotion, rehabilitation and reintegration for victims of violence, as well as coordination between stakeholders and the national task force of TIPs. With regard to case handling, the Government through MoWECP continues to strengthen its law enforcement and rehabilitation capabilities by capacity building for field officers in relevant agencies on handling and reporting of violence, understanding of legal processes and provision of legal assistance, provision of relevant health services, social rehabilitation, and return and reintegration of victims and their families.

Administration of juvenile justice

285.The GoI, through its relevant Ministries/Agencies, has carried out (i) efforts to prevent children from committing crimes or recommitting crimes (ii) treatment of children at the level of investigation, prosecution, examination in court as well as guidance after a court decision. These efforts are carried out by making policies, programs on preventing children from facing the law, providing facilities and infrastructure, human resources and strengthening institutional services.

286.Law No. 11/2012 on the Juvenile Justice System Article 69 states that children under 14 years old can only be given actions (not penalty). The actions referred to in the article are described in Article 82:

(a)Return to parents/guardians;

(b)Submission to someone appointed;

(c)Care in a mental hospital;

(d)Treatment at social welfare institutions;

(e)Obligation to attend public or private formal education and/or training;

(f)Driver’s license revocation; and/or

(g)Correction from criminal acts.

287.There have been a number of implementing regulations of Law on Juvenile Justice System:

(a)Government Regulation No. 65/2015 on Guidelines for the Implementation of Diversion and Handling of Children under 12 Years Old;

(b)Government Regulation No. 8/2017 on Procedures for Implementing Coordination, Monitoring, Evaluation and Reporting of the Juvenile Justice System;

(c)Presidential Decree No. 175/2014 on Integrated Education and Training for Law Enforcement Officers and related parties regarding Juvenile Justice System;

(d)Government Regulation No. 9/2017 on Guidelines for the Register of Cases of Children and Child Victims;

(e)Presidential Decree No. 75/2020 on the Implementation of the Rights of Child Victims and Witnesses.

288.The GoI is currently drafting two Government Regulations (i) on the form and procedures for the implementation of Penal Code as stipulated in Article 71 paragraph (5), and (ii) on Actions contained in Article 82 Paragraph (4). Nevertheless, MoLHR plans to compile the two drafts into one draft Government Regulation, considering the principle of effectiveness and efficiency in forming laws and regulations.

289.Implementation of Juvenile Justice System was part of the 2015–2019 policy directions to guarantee and protect the rights of children facing the law, in accordance with restorative justice principles as a new concept within Indonesia’s justice system. This was further elaborated by relevant Ministries/Agencies in their annual work plans. The provision of Law No. 11/2012 requires strategies, such as increased multi-stakeholder coordination, law enforcement officers and stakeholders’ capacity building, the establishment of operational regulations, the provision of facilities/infrastructures, and the development of restorative justice.

290.As of 2019, the Supreme Court has carried out an Integrated Training on Juvenile Justice System to 1,212 judges, 135 in High Courts and 1,077 in District Courts.

291.The Supreme Court continues to provide facilities and infrastructures to treat children facing the law. As of 2019, 362 courtrooms are child-friendly, separated from adult rooms, 302 courts have dedicated diversion rooms, 287 Courts have a child-friendly waiting room for children who are not detained, and 276 Courts have child-friendly waiting rooms for children facing the law.

292.To carry out case administration settlement, the Supreme Court, until 2019, has printed 7,762 registers of juvenile crime with 11 types of registers and has also compiled statistical data on children’s cases. It has also attempted to diversify children’s cases against the law in 34 provinces in Indonesia, and until 2019 there had been 596 attempts at diversion, with 275 cases of successful diversion attempts.

293.Criminal Justice for Children is also carried out at the religious court within the scope of the Syar’iyah Court in Aceh Province, and until 2018 diversion has been successfully carried out for 47 cases of children facing the law.

294.From 2017 to 2019, the Indonesian Police Force implemented criminal justice for children in handling child cases by undertaking diversion efforts and making decisions against children under 12 years old. As of October 2019, the National Police Criminal Investigation Unit has received 5,899 case reports with 5,802 child victims, 4,773 child offenders and 2,932 child witnesses, with 7,190 cases and 1,984 cases of successful diversion.

295.As of 2019, the Indonesian Police Force has 528 Women and Children Service Units in its offices spread across 34 provinces in Indonesia, which provide services to women and children who are victims of crime and law enforcement against perpetrators. The force also strengthens and adds infrastructure by providing 233 special service rooms under the minimum service standard.

296.In order to improve the quality and quantity of child investigators in accelerating the completion of child case examinations at the investigator level, the Indonesian National Police until 2019 has undertaken training/vocational training on Women and Child Protection/Juvenile Justice System for 1,120 members and 475 members who have been previously trained in integrated Juvenile Justice System training. The trainings are provided not only for investigators and assistant investigators who work in the Women and Child Protection Unit, but also for other force members in other units who handle child cases such as cybercrime investigators, narcotics crime, traffic unit members, members of minor crimes unit, community development unit, Densus 88 (special force to combat terrorism) and investigators at National Agency for Narcotics.

297.In addition, the Indonesian Police Force has made efforts to increase the supervision of diversion processes and the implementation of diversion agreements at the investigator level, to increase counselling and advocacy to prevent children facing the law, to register children’s cases separately from adults electronically, and to use of coding in the transfer of case files for child victims or child witnesses from the police and the prosecutor’s office.

298.The Police Force also carries out community outreach programs to prevent and handle children facing the law. A total of 43,277 regional units throughout Indonesia conduct counselling for children facing the law to prevent further crimes. Dissemination on the prevention of children facing the law is also carried out through the Female Police Goes to School program. An online portal specifically dedicated to children facing the law https://patrolisiber.id/report-kids/introduction is used as a platform for reporting and consulting problems of children facing the law.

299.The Attorney General’s Office has issued a policy through Guideline No. 3/2019 on Criminal Claims in General Criminal Actions, with an attachment of Guidelines for Children Criminal Lawsuits.

300.Decree of the Attorney General No. KEP-24/E/Ejp/12/2019 compiled 19 SOPs related to the Cases Handling for Women and Children, among others related to processes of diversions, examinations, restitutions and compensations.

301.MoLHR provides community services to children facing the law, including personality counselling and skill training and the provision of formal and non-formal education. Data on children receiving services in 33 LPKAs (as of July 2020):

Children enrolling formal and non-formal education

No	Type of education	Total
1	Formal	Elementary	33
		Junior High	64
		High School	71
	Total			168
2	Non formal	Package A	86
		Package B	118
		Package C	12
	Total			333

Children enrolling skill trainings

No	Type of skill training	Total
1	Computer	96
2	Screen printing	87
3	Mechanics	0
4	Music	126
5	Painting	14
6	Dancing	50
7	Farming	41
8	Plantation	49
9	Carving	0
10	Crafting	26
11	Sewing	3
12	Fishery	45
13	Scouting	231
14	Others	71
Total	839

302.To curb the spread of COVID-19, as of October 2020, the MoLHR Regulation No. 10/2020 stipulated that 2,916 children have been released from LPKA, 1,593 granted assimilation at home, 526 granted parole, and 797 granted conditional leave.

303.Furthermore, MoLHR Decree No. M.HH-19.PK.01.04.04 of 2020 elaborates the abovementioned regulations on the release of children as follow:

(a)Release by assimilation at home is carried out under particular conditions: children whose ½ the criminal period falls until 31 December 2020 and children who are not related to Government Regulation No. 99/2012, who are not undergoing subsidies and are not foreign citizens. In addition, assimilation is carried out at home, and assimilation decisions are issued by the Head of LPKA;

(b)Release through integration (parole, conditional leave, pre-release leave) is also carried out with a number of provisions, among others: children who have served 1/2 of their sentence, and children who are not related to Government Regulation No. 99/2012, who are not currently undergoing subsidiary and not a foreign citizen. The proposal is made through the correctional database system, and the Director-General of Corrections issues the integration decision letter.

304.From 2014 to 2019, Correctional Center accompanies children facing the law, with the following details:

Action	Year
2014	2015	2016	2017	2018	2019
(1)	(2)	(3)	(4)	(5)	(6)	(7)
Diversion to Parents	1 312	3 833	3 449	4 102	2 733	1 441
	(22.8 %)	(53%)	(47.5%)	(43.8%)	(46%)	(43.9%)
Diversion to Social	76	140	263	277	247	153
Homes	(1.4%)	(2%)	(3.5%)	(3%)	(4.2%)	(4.7%)
Verdict	493	401	358	432	303	172
Back to Parents	(8.6%)	(5.5%)	(5%)	(4.6%)	(5.2%)	(5.2%)
Verdict	169	229	485	563	663	305
Handed over to	(2.9%)	(3.2%)	(6.6%)	(6%)	(11.2%)	(9.3%)
Social Homes
Conditional Criminal	522	361	362	344	295	234
Verdict	(9%)	(5%)	(4.9%)	(3.3%)	(4.9%)	(7.1%)
Jail Verdict	3 182	2 261	2 342	3 639	1 695	978
	(55.3%)	(31.3%)	(32.5%)	(38.9%)	(28.5%)	(29.8%)
No of Children Facing the Law	5 754	7 225	7 259	9 357	5 936	3 253

Source : Directorate General of Corrections, MoLHR, 2014 – 2019 .

305.MoLHR through its Human Resource Training Center since 2013 has conducted integrated education and training on Juvenile Justice System to investigators, public prosecutors, judges, community counselors, advocates, legal aid providers, officers of special children’s development institutions, officers of social welfare institutions, social workers with the following details:

No	Year	No. of Participants
		MoLHR	Police	Supreme Court	Attorney General	Social	Advocate	Total
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)
1	2013	10	14	6	10	10	7	57
2	2014	5	5	5	4	6	5	30
3	2015	137	48	32	51	51	32	391
4	2016	75	45	42	45	42	21	270
5	2017	65	44	40	44	42	36	270
6	2018	87	38	43	44	35	23	270
7	2019	103	43	27	45	39	13	270
Total	482	237	195	243	225	137	1.558

Source : Human Resource Training Center, MoLHR .

306.MoWECP undertakes several efforts with regard to the implementation of Juvenile Justice System by:

(a)issuing Regulation No. 13/2019 on Guidelines for Monitoring, Evaluation and Reporting on the Juvenile Justice System’s Implementation as a reference for the Coordination Team Ministries/Agencies or Local Governments;

(b)organizing a Coordinating Forum on Juvenile Justice System at the national level with Ministries/Agencies to discuss issues related to children facing the law and its challenges to protect children facing the law;

(c)facilitating Governor Regulation’s drafting on the Implementation of the Juvenile Justice System and Governor’s Decree on Coordination Team to Implement the Juvenile Justice System. In 2019. Bangka Belitung Province follows up Governor Regulation No. 37/2019 on the Implementation of Juvenile Justice System in Bangka Belitung Province;

(d)carrying out counselling/prevention activities at LPKAs in 10 provinces (2018) and 9 provinces (2019);

(e)providing 70 Protection Cars (MOLIN) in 2019 to assist local governments in providing services to children who are victims of violence, discrimination and other problems.

307.MoSA issued Regulation No. 9/2019 on Basic Service Technical Standards for Minimum Service Standards in the Social Sector in Provinces and Regencies/Cities. It also issued Decree No. 107/HUK/2019 on the Establishment of Social Welfare Agencies and Social Protection Homes to Implement Social Rehabilitation for children facing the law.

308.As part of efforts to prevent and treat children facing the law, the MoSA has conducted several programs, among others: TEPSA 15000771, Social Worker Goes to School and Programs related to Social Rehabilitation for Children (BANTU, PRGOGRESA).

309.MoSA continues to expand its services to child witnesses, child victims, and children facing the law through special accompaniment carried out by social workers.

No	Case Response	Jemaah
2018	2019
(1)	(2)	(3)	(4)
1	Social Rehabilitation to Child Witnesses	1 184	1 530
2	Social Rehabilitation to Child Victims	5 169	5 984
3	Social Rehabilitation to Offender ’ s Child	2 588	3 507

Source : MoSA 2018 – 2019 .

310.The provision of social rehabilitation services for children’s welfare facing the law, the MoSA in 2018 established 78 Social Welfare Agencies in 29 Provinces. In 2019, 98 Social Welfare Agencies were available in 30 Provinces, and 39 Social Protection Homes were spread across 17 Provinces.

XI.Ratification of international human rights instruments

311.Since 2017, Indonesia has been taking steps in resuming its process of ratification to CPED. Meanwhile, national deliberations on the importance of signing or ratifying other international instruments continue to be exercised. In line with the on-going deliberations, Indonesia has supported the fundamental principles enshrined in various international human rights conventions and committed to incorporate them into the existing national frameworks and mechanisms.

Cooperation with regional and international bodies

312.Since the establishment of the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC) in 2010 which deals with women and children issues, the GoI through the MoWECP has played an active role in collaborating with the ASEAN ACWC Commission in promoting and protecting the rights of women and children at the national and regional level.

313.Indonesian Representative at ACWC was appointed the Chair of the ACWC for the 2016–2019 period. During that period, the commission adopted its ACWC Work Plan 2016–2020.

314.In 2019, the ACWC Indonesia Representative in collaboration with the MoWECP, the ASEAN Secretariat and UNICEF held a Mid Term Review ASEAN Regional Plan on the Elimination of Violence Against Children (EVAC) as a form of Indonesia’s accountability and commitment to the Elimination of All Forms of Child Violence at the ASEAN Regional level.

Follow-up and Dissemination

315.The GoI, through the MoWECP, MoLHR, and MoFA, regularly conducts dissemination activities related to the CRC, and to recommendations submitted by the Committee to related Ministries/Agencies, as well as Local Governments.

List of abbreviations

2P	Pioneer and Reporter/Pelopor dan Pelapor
3T	Tertinggal, Terdepan dan Terluar Disadvantaged, Frontier and Outermost
ADEM	Program Afirmasi Pendidikan Menengah Secondary Education Affirmation Program
CMfHDC	Coordinating Ministry for Human Development and Culture
CLC	Community Learning Center
FAN	Forum Anak Nasiona National Children’s Forum
FGM/C GoI	Female Genital Mutilation/Circumcision Government of Indonesia
IHECD	Integrative Holistic Early Childhood Development
KKLA	Kabupaten/ Kota Layak Anak Child-Friendly Regency/Cities
KPM	Keluarga Penerima Manfaat Beneficiary Families
LPKA	Lembaga Pembinaan Khusus Anak Child Special Development Institution
MoABR	Ministry of Administrative and Bureaucratic Reform
MoEC	Ministry of Education and Culture
MoFA	Ministry of Foreign Affairs
MoH	Ministry of Health
MoHA	Ministry of Home Affairs
MoLHR	Ministry of Law and Human Rights
Molin	Mobil Perlindungan Perempuan dan Anak Women and Child Protection Car
MoMT	Ministry of Manpower and Transmigration
MoRA	Ministry of Religious Affairs
MoSA	Ministry of Social Affairs
MoVDDAT	Ministry of Village Development of Disadvantaged Areas, and Transmigration
MoWECP	Ministry of Women Empowerment and Child Protection
PATBM	Perlindungan Anak Terpadu Berbasis Masyarakat Community-Based Integrated Child Protection Movement
P2TP2A	Pusat Pelayanan Terpadu Pemberdayaan Perempuan dan Anak Integrated Service Center for Women Empowerment and Child
Posyandu	Pos Pelayanan Terpadu Integrated Health Centres
PKH	Program Keluarga Harapan Hope Family Program
PKK	Pendidikan Kesejahteraan Keluarga Program at Village Level to educate Women on Various Aspects of Family Welfare
Puskesmas	Pusat Kesehatan Masyarakat Primary Healthcare Center
PUSPAGA	Pusat Pembelajaran Keluarga Family Empowerment Center
PRAP	Pelayanan Ramah Anak di Puskesmas Child Friendly Service at Puskesmas
RPJMN	Rencana Pembangunan Jangka Menengah Nasional National Medium Term Development Plan
RPSA	Rumah Perlindungan Sosial Anak Child Social Safehouses
Sakernas	Survei Angkatan Kerja Nasiona National Labor Force Survey
Simfoni PPA	Sistem Informasi Online Perlindungan Perempuan dan Anak Information System for the Protection of Women and Children
SRA	Child Friendly Educational Unit/Satuan Pendidikan Ramah Anak
Stranas PKTA	Strategi Nasional Penghapusan Kekerasan Terhadap Anak National Strategy on the Elimination of Violence against Children
TIPs	Trafficking in Persons
UPTD PPA	Unit Pelaksana Teknis Daerah Perlindungan Perempuan dan Anak Regional Technical Implementation Unit for the Protection of Women and Children
VAC	Violence against Children