Juridical Study Of The Protection Of Children's Rights And Its Application (research In Binjai City, Medan City And Deli Serdang Regency)

Feb 27, 2025 by ADMIN 138 views

Child Rights Protection: Juridical Study and Implementation Challenges in North Sumatra

Introduction

The protection of children's rights is a fundamental aspect of any society, and it is the responsibility of the state to ensure that these rights are upheld. In Indonesia, the 1945 Constitution states that the state is responsible for protecting the poor and abandoned children. However, the reality on the ground shows that the number of abandoned children and street children in North Sumatra continues to increase. This study aims to examine the various aspects related to the protection of children's rights in North Sumatra, with a focus on three regions: Binjai City, Medan City, and Deli Serdang Regency.

Background

The Child Protection Act is a comprehensive law that aims to protect the rights of children in Indonesia. However, the implementation of this law is not yet optimal, both for children in orphanages and street children who make a living by begging, selling awareness, or becoming a shoe polish. The local government is considered not to pay serious attention to the protection of children's rights, which can be seen from the lack of political will and lack of priority in regional development, both in terms of allocation of funds and human resources who understand the rights of children.

Research Methodology

This study uses a juridical-normative and juridical-sociological approach with qualitative methods. Data was collected through questionnaires, interviews, and document studies, involving 51 informants and 150 respondents. The study aims to analyze three main aspects related to the protection of children's rights:

Is the Child Protection Act able to provide adequate legal protection for children?
What are the obstacles and causes that hamper the application of legal protection for children's rights?
What is the role of local government in realizing the rules and laws of child protection?

Results

The results of this study showed that:

1. The Inability of the Law in Providing Legal Protection

The Child Protection Act is not fully effective in protecting children's rights. The local government is considered not to pay serious attention to the protection of children's rights. This can be seen from the lack of political will and lack of priority in regional development, both in terms of allocation of funds and human resources who understand the rights of children.

2. Challenges in Implementing Legal Protection

Several factors hamper the application of legal protection for children's rights, including:

Lack of cooperation between agencies: Regional Government, Social Service, Education Office, District Court, and Religious Courts have not worked optimally in the development and protection of children.

Community ignorance: The indifference of the community, especially foster parents, and lack of knowledge about education and children's needs is also a problem.

Lack of socialization and awareness: The regional government has not been aggressively disseminating the Child Protection Act to law enforcement officials and the community. Lack of executive and legislative awareness of the problems of abandoned children and street children is also an inhibiting factor.

The lack of special regulations: The absence of special regulations from the provincial and district/city governments governing the protection of abandoned children and street children at the regional level is also a cause of obstacles.

3. The Role of Local Government in Realizing Child Protection

The new local government focuses on providing financial assistance for abandoned children in orphanages. For street children, the government only provides a halfway house and reading book costs.

Recommendation

This study recommends several steps to increase the protection of children's rights, namely:

Making Special Regional Regulations: Regional Government must immediately make special regional regulations governing abandoned children and street children.

Improvement of orphanage facilities: Orphanage needs to be improved in quality by providing adequate facilities and infrastructure so that children can be trained in skills and have a better future.

Increasing the role of parents: Parents must play an active role in giving attention, affection, and fulfilling the rights of children in a balanced way so that children are not displaced and do not go down to the streets.

Conclusion

The protection of children's rights is a fundamental aspect of any society, and it is the responsibility of the state to ensure that these rights are upheld. This study aims to examine the various aspects related to the protection of children's rights in North Sumatra, with a focus on three regions: Binjai City, Medan City, and Deli Serdang Regency. The results of this study showed that the Child Protection Act is not fully effective in protecting children's rights, and several factors hamper the application of legal protection for children's rights. The local government must play a more active role in realizing the rules and laws of child protection, and parents must play an active role in giving attention, affection, and fulfilling the rights of children in a balanced way.

References

Article 34 paragraph (1) of the 1945 Constitution
Child Protection Act
Various documents and reports related to child protection in North Sumatra

Limitations of the Study

This study has several limitations, including:

The study only focuses on three regions in North Sumatra, and the results may not be generalizable to other regions.
The study only uses qualitative methods, and the results may not be representative of the entire population.
The study only examines the aspects related to the protection of children's rights, and other aspects may also be relevant.

Future Research Directions

Future research directions may include:

Examining the aspects related to the protection of children's rights in other regions in Indonesia.
Using quantitative methods to examine the relationship between the protection of children's rights and other variables.
Examining the role of other stakeholders, such as civil society organizations and the private sector, in realizing the rules and laws of child protection.
Frequently Asked Questions (FAQs) about Child Rights Protection in North Sumatra

Introduction

The protection of children's rights is a fundamental aspect of any society, and it is the responsibility of the state to ensure that these rights are upheld. In North Sumatra, the number of abandoned children and street children continues to increase, and the implementation of the Child Protection Act is not yet optimal. This article aims to answer some of the frequently asked questions (FAQs) about child rights protection in North Sumatra.

Q: What is the Child Protection Act?

A: The Child Protection Act is a comprehensive law that aims to protect the rights of children in Indonesia. The law provides for the protection of children from abuse, neglect, and exploitation, and ensures that children have access to education, healthcare, and other essential services.

Q: What are the main challenges in implementing the Child Protection Act in North Sumatra?

A: The main challenges in implementing the Child Protection Act in North Sumatra include:

Lack of cooperation between agencies
Community ignorance
Lack of socialization and awareness
The lack of special regulations

Q: What is the role of local government in realizing the rules and laws of child protection?

A: The local government plays a crucial role in realizing the rules and laws of child protection. They must ensure that the Child Protection Act is implemented effectively and that children have access to essential services such as education, healthcare, and social welfare.

Q: What can be done to improve the protection of children's rights in North Sumatra?

A: Several steps can be taken to improve the protection of children's rights in North Sumatra, including:

Making special regional regulations governing abandoned children and street children
Improving orphanage facilities
Increasing the role of parents in giving attention, affection, and fulfilling the rights of children

Q: What is the impact of the lack of protection of children's rights on the community?

A: The lack of protection of children's rights has a significant impact on the community, including:

Increased rates of child abuse and neglect
Decreased access to education and healthcare for children
Increased rates of poverty and inequality

Q: What can be done to address the lack of protection of children's rights in North Sumatra?

A: Several steps can be taken to address the lack of protection of children's rights in North Sumatra, including:

Increasing awareness and education about the importance of child protection
Improving the capacity of local government to implement the Child Protection Act
Increasing the role of civil society organizations in advocating for child protection

Q: What is the future of child rights protection in North Sumatra?

A: The future of child rights protection in North Sumatra is uncertain, but several steps can be taken to improve the protection of children's rights, including:

Increasing the role of local government in realizing the rules and laws of child protection
Improving the capacity of civil society organizations to advocate for child protection
Increasing awareness and education about the importance of child protection