Научная статья на тему 'HANDLING OF CHILDREN WHO ARE VICTIMS OF EXPLOITATION AND VIOLENCE: A LEGAL AND HUMAN RIGHTS STUDY'

HANDLING OF CHILDREN WHO ARE VICTIMS OF EXPLOITATION AND VIOLENCE: A LEGAL AND HUMAN RIGHTS STUDY Текст научной статьи по специальности «Психологические науки»

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handling / children / victims / exploitation and violence / South Sulawesi

Аннотация научной статьи по психологическим наукам, автор научной работы — Syamsuddin Muchtar, Iinkarita Sakharina, Ahsan Yunus, Muh. Hasrul, Kadarudin

In 2016, cases of violence against children in South Sulawesi started to receive special attention from the local government and the Indonesian Child Protection Commission. There were numerous cases of child abuse in South Sulawesi in 2016. Sexual violence is one of the most common forms of violence. This research, which is a normative legal research, seeks to determine the various forms of exploitation and violence against children in South Sulawesi as well as assess the efforts of the regional government of South Sulawesi in handling these crimes against children. It uses the statutory and case approaches. The collected legal materials were analysed qualitatively. The results show that children in South Sulawesi do not suffer only physical violence but also non-physical violence. The government of South Sulawesi currently plays an active role in tackling and preventing exploitation and violence against children. Also, stakeholders work together in synergy.

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Текст научной работы на тему «HANDLING OF CHILDREN WHO ARE VICTIMS OF EXPLOITATION AND VIOLENCE: A LEGAL AND HUMAN RIGHTS STUDY»

HANDLING OF CHILDREN WHO ARE VICTIMS OF EXPLOITATION AND VIOLENCE: A LEGAL AND HUMAN RIGHTS STUDY

SYAMSUDDIN MUCHTAR*, IINKARITA SAKHARINA, AHSAN YUNUS, MUH. HASRUL, KADARUDIN

Faculty of Law, Hasanuddin University, Indonesia Corresponding author: syamsuddinmuchtar@unhas.ac.id

Abstract

In 2016, cases of violence against children in South Sulawesi started to receive special attention from the local government and the Indonesian Child Protection Commission. There were numerous cases of child abuse in South Sulawesi in 2016. Sexual violence is one of the most common forms of violence. This research, which is a normative legal research, seeks to determine the various forms of exploitation and violence against children in South Sulawesi as well as assess the efforts of the regional government of South Sulawesi in handling these crimes against children. It uses the statutory and case approaches. The collected legal materials were analysed qualitatively. The results show that children in South Sulawesi do not suffer only physical violence but also non-physical violence. The government of South Sulawesi currently plays an active role in tackling and preventing exploitation and violence against children. Also, stakeholders work together in synergy.

Keywords: handling, children, victims, exploitation and violence, South Sulawesi

Table of Contents

Introduction

1. Research Method

2. RESULTS AND DISCUSSION

3. The Efforts of the South Sulawesi Regional Government in Preventing Exploitation and Violence against Children

3.1 Makassar Social Service

3.2 Gowa Social Service

3.3 P2TP2A Makassar CONCLUSION

INTRODUCTION

Children are the gift of God Almighty. They have limited abilities and are vulnerable to exploitation, violence, and all other forms of abuse. Therefore, children have the right to receive protection during their growth. The form of protection and welfare to be enjoyed by children are contained in various international legal instruments, in the forms of declarations and conventions. These instruments basically regulate the different children's rights, which must be protected by everyone, as well as the various forms of crimes against children. The international instrument regarding the protection of children's rights as stated in United Nations Resolution No. 44/25 dated November 20, 1989 concerning the Convention on the Rights of the Child has been ratified by Indonesia.

Philosophically, children, as part of the younger generation, are part of human resources. They are the potential successors of the ideals and struggles of the nation. This is a strategic role that requires special characteristics and traits as well as special guidance and protection.1 As one of the 188 countries that have ratified the Convention on the Rights of the Child, Indonesia has shown its

:Nasriana (2011) Perlindungan Hukum PidanaBagi Anak di Indonesia(Legal Protection in Criminal Law for Children in Indonesia), Jakarta: PT. Raja GrafindoPersada, p. 76.

commitment to child protection. However, ratification alone is not enough to guarantee the realization of child protection. Practically, the protection of children is still not fully guaranteed. There are still many problems concerning children's rights, especially exploitation and violence against children.

Efforts to deal with child delinquency must be carried out in an integrated manner.2 The pursuit of the realization of children's rights is carried out at various levels, from the central level to the regional level. At the regional level, the high number of cases of violence against children in South Sulawesi in 2016 received special attention from the local government and the Indonesian Child Protection Commission. In 2016, South Sulawesi recorded an increase in cases of sexual violence against children, one of the most common types of violence. Therefore, it is extremely important to take proper care of children, especially those who are victims of exploitation and violence.

Children's rights are well-established by various international conventions. However, international conventions are not well implemented and are often interpreted differently in Indonesian law. To guarantee children's rights, the government and/or society of Indonesia need to make effort to implement international conventions already ratified correctly.3 Based on the above explanation, this paper attempts to provide answers to the following questions: (1) What are the various forms of exploitation and violence against children in South Sulawesi? (2) What are the efforts of the South Sulawesi Regional Government in tackling and preventing exploitation and violence against children?

1. RESEARCH METHOD

This research is a normative legal research.4 It employs the statutory and case approaches.5 The data used are secondary data in the form of primary legal materials (international and national legal instruments) and secondary legal materials (books; journals; research reports; and news media, both printed and online), obtained through literature study. The legal materials collected were analysed qualitatively and presented descriptively in order to answer the questions in this paper.

2. RESULTS AND DISCUSSION Exploitation and Violence against Children in South Sulawesi

Children are the next generation of the nation. Generally, in a family, children are very important and should be protected and loved by their parents and other family members. The role of a child in a household is to continue the family lineage and maintain the good name of the family. In reality, there are families who do not consider children as people who must be loved and protected. As a result, many children experience various forms of violence. In addition to the family, children could also be rejected or treated poorly by the community and the social environment. Therefore, a child is exposed to violence in the family, community, and social environment. The law exists to protect children from exposure to physical and mental violence. For this purpose, various laws and regulations, both de jure and de facto, exist in Indonesia.

Physical violence, such as murder, mistreatment, and sexual violence, is not the only form of violence experienced by children. They are also exposed to non-physical violence, such as economic and psychological violence. In order to protect the children of Indonesia, the legislative arm of government has enacted various legislations: The Criminal Code (KUHP), Law of the Republic of Indonesia No. 23 Year 2002 as amended by Law of the Republic of Indonesia No. 35 Year 2014 on Amendments to Law of the Republic of Indonesia Number 23 Year 2002 on Child Protection, Law of the Republic of Indonesia

2KartiniKartono (2010) PatologiSosial 2, KenakalanRemaja(Social Pathology, Juvenile Delinquency), Jakarta: Raja GrafindoPersada, p. 94.

3 Nurul Hidayatbinti Ab Rahman and Redwan bin Yasin. "Children Rights to 'Zero Hunger'and the Execution Challenges during the COVID-19 Crisis." Hasanuddin Law Review 8, no. 2 (2022): 139-159. DOI: http://dx.doi.org/10.20956/halrev.v8i2.3684

4Amiruddin and Zainal Asikin (2013) PengantarMetodePenelitianHukum (Introduction to Legal Research Method), Jakarta: Rajawali Pers, p. 118.

5 Peter Mahmud Marzuki (2010) Penelitian Hukum (Legal Research), Jakarta: KencanaPrenada Media Group, p.

No. 23 Year 2004 on Elimination of Domestic Violence (KDRT), and Law of the Republic of Indonesia No. 11 Year 2012 concerning the Criminal Justice System of Children. These legislations provide various aspects of legal protection against the different forms of violence affecting children. The nature of child protection provided by the Child Protection Law, the Law on the Elimination of Domestic Violence, and the Law on the Criminal Justice System of Children is based on the adoption, compilation, and reformulation of the form of child protection regulated in the Penal Code.6

In Chapter III of Law of the Republic of Indonesia No. 23 Year 2004 concerning Elimination of Domestic Violence, every person is prohibited from carrying out domestic violence against persons in their household, by means of: 7

a. physical abuse

b. psychological violence

c. sexual violence

d. household neglect

In this law, it is explained that children are a part of the household; therefore, the prohibitions against violence as stated in Article 5 are also directed towards children. Thus, this law clearly provides protection for children, specifically within the household, where they are subject to violence.8

In South Sulawesi, violence against children is a serious problem. From January to June 2017, the Integrated Service Centre for Empowering Women and Children (P2TP2A) of South Sulawesi received 30 cases of violence against children and women. This was stated by the Head of South Sulawesi PT2TP2A, HusniThamrin. This number is certainly not a reflection of violence against children and women in South Sulawesi since the data is comprised of only district/city referrals as well as direct reports received by P2TP2A. Based on the data received, 49 victims were associated with the 30 cases. The victims comprised of 13 adult women, 23 girls, and 13 boys. The nature of the cases also varies, including child abduction, trafficking, sexual harassment, psychological violence, and neglect of children/families.9

Also, based on the Makassar City P2TP2A data, in 2015, there were 478 cases of child abuse and exploitation. Among these cases, physical abuse of children accounted for 124 cases, abandonment of children accounted for 22 cases, psychological violence against children accounted for 12 cases, sexual violence accounted for 316 cases, and child trafficking accounted for 4 cases. Thereafter, there was a decline in the number of cases in 2016; only 276 cases were recorded. The details of the cases are as follows: there were 131 physical cases of child abuse, child neglect accounted for 7 cases, child psychological violence accounted for 33 cases, sexual violence accounted for 89 cases, child trafficking accounted for 8 cases, and others accounted for 8 cases. However, from January to October 2017, there were 90 cases. They include 27 cases of physical abuse of children, 3 cases of neglect of children, 8 cases of child psychological violence, 12 cases of sexual violence, 1 case of child trafficking, and 39 other cases.10 In addition, based on Makassar Police data, there were 387 cases of violence against children from January 2015 to June 2017, with 177 cases in 2015, 132 cases in 2016, and 78 cases from January to June 2017.11

6Anastasia Hana Sitompul (2015) Kajian Hukum TentangTindakKekerasanSeksualTerhadap Anak di Indonesia (Legal study on Sexual abuse to the Children in Indonesia), Jurnal Lex Crimen Vol. IV/No. 1, pp. 46-47.

7Article 5 of Law of the Republic of Indonesia No. 23 Year 2004 on the Elimination of Domestic Violence.

8 Ratnawati, R. (2020). Children's Recidivist who Conducted Criminal Act: Legal Psychology Perspective. Hasanuddin Law Review, 6(2), 142-148. DOI: http://dx.doi.org/10.20956/halrev.v6i2.1676

9P2TP2A-Sulsel.com.

10Women's Empowerment and Child Protection Agency, 2015, 2016, and 2017.

11Sakharina, I. K., Daud, A. A., Hasrul, M., Kadarudin, K., &Assidiq, H. (2020). Work and lives in Makassar coastal community: Assessing the local government policy. Hasanuddin Law Review, 6(1), 89-99. DOI: http://dx.doi.org/10.20956/halrev.v6i1.2281.

According to a report by UNICEF, violence against children, especially sexual abuse, is not peculiar to Indonesia but is a worldwide phenomenon. In this regard, with respect to the Philippines, Andy Brown12 reported that in 2014, the Philippines police raided an ordinary-looking home in the slums of Manila. It was just before midnight, and darkness permeated the surrounding narrow alleys as the officers entered with a search warrant. Inside the small single-room house, they found an unusual amount of computer equipment: laptops, webcams, and a Wi-Fi router. They also found a group of four girls and boys, aged between 7 and 10 years, preparing for a 'show'. The children were about to undress and perform sex acts on each other, following instructions from a pedophile connected from overseas via webcam.

The live-streaming of child sexual abuse, also known as webcam sex tourism, was organized by an 'operator' living in the house, who was also the mother of one of the children. It was an ongoing, illegal business. Foreign perpetrators would send her money by international wire transfer, and she would pay the children 150 pesos (US$3). The other three children were also living with the operator, while their mothers worked outside Manila. They called her 'Auntie', although she was not a blood relative. One of the children, 7-year-old Danilo*, told his father about the abuse, and he called the police. The story above describes an incident of sexual abuse of children in the slum area of the Philippines where the living condition is poor. The Philippines has become the global epicenter of the business of live-streaming sexual abuse. In some parts of the country, such as Mactan Island in Cebu, there are 'hotspots' where both webcam pornography involving adults and live-streaming of child sexual abuse are widespread in villages and local communities. These areas have been the focus of arrests and interventions.

UNICEF also reported that children living in conflict zones or war areas are more vulnerable to sexual abuse. According to an article by UNICEF, millions of children and women around the globe live with the terrifying threat of sexual violence in conflict zones every day. In times of war, they are subjected to rape, sexual slavery, trafficking, forced marriage/pregnancy, and forced sterilization. In some cases, sexual violence is used to intentionally humiliate a population or to force people from their homes. Some armed groups, such as Boko Haram in Nigeria, often specifically target girls, who are raped, forced to become wives of fighters or used to perpetrate suicide attacks. In February 2018, for instance, the group abducted 110 girls and one boy from a technical college in Dapchi, Yobe State; majority of them have since been released.

The widespread stigma around rape and sexual violence means that it is a particularly under-reported issue affecting children, especially in conflict areas. It is clear that this violation remains very common, and both girls and boys are at risk. Based on the above discussion, it is obvious that cases of child abuse and violation do not only happen in Indonesia, but they constitute a worldwide phenomenon, with cases reported in the Philippines and in conflict areas, such as Northeast Nigeria; some of the abuses are sexual in nature. Also, the practice of early marriage or child marriage, which involves forcing under age children into marriage, is still ongoing presently in some Asian countries, like Cambodia13

3. The Efforts of the South Sulawesi Regional Government in Preventing Exploitation and

Violence against Children

In South Sulawesi, several organizations are associated with the fight against violence and exploitation targeted at children. Their roles are discussed below.

12 Andy Brown (2016) "Safe from harm: tackling webcam child sexual abuse in the Philippines," http://Unicef.org/stories/safe-from-harm-tackling-webcam-child-sexual-abuse-philippines, accessed 7 July 2019

13The practice of child marriage in Indonesia is still happening to this day. Indonesia ranks 37th (thirty seventh) with respect to countries with the highest rates of early marriage in the world and second, after Cambodia, among the Association of Southeast Asian Nations (ASEAN), lifestyle.kompas.com

3.1 Makassar Social Service

The Makassar Social Service takes care of the social problems existing in the city of Makassar in general. The role of the Makassar Social Service is not specifically focused on cases related to the protection and empowerment of children, such as cases of exploitation and violence against children, but it has a wider scope. In clear terms, a mayor task carried out by the Makassar Social Service regarding the issue of child abuse and exploitation is conducting raids to rescue children who are victims of violence and exploitation. However, such raids are only a small part of the complex processes of handling cases of child abuse and exploitation.14

In handling cases of child abuse and exploitation, counselling is important in providing support to victims and in exploring the factors that cause child abuse and exploitation. However, the Makassar Social Service does not have a counselling programme. In comparison with the Makassar Social Service, the Integrated Service Centre for Empowering Women and Children (P2TP2A) has a more specific role and a more complete data with regards to dealing with the issue of exploitation and violence against children. In addition, the role of the Makassar Social Service also involves transporting squatters and male addicted children to P2TP2A. This is based on the more general role of the Makassar Social Service and the special/specific role of P2TP2A in handling cases of child abuse and exploitation.

3.2 Gowa Social Service

In dealing with cases of child victims of violence and exploitation, the Gowa Social Service highlights a number of factors that are behind the occurrence of violence and exploitation of children. The economic situation is one of the most important factors of exploitation and violence against children. According to the Gowa Social Service, families who belong to the lower and middle classes usually tend to force their children to work instead of attending school. Families who do this usually encourage their children to look for immediate results by working rather than spending time in school. This causes the growth of the idea in the children that working is better than going to school. What is more, getting a salary also has the impact of solidifying the child's way of thinking. This ultimately causes the child to lose the desire to go to school or study.The economic factor is also one of the main triggers of violence. Frustration due to the economic condition of middle and low-income families, according to the Gowa Social Service, is the main reason why parents and other adults commit acts of violence. Children, due to their dependent nature, eventually become the main target of such impingement, as a result of anger and stress due to poor economic conditions.

The environment is also an important trigger of exploitation and violence against children. Often, children who live in an environment that is not conducive become affected by the activities of local residents. Children with low levels of education are the main targets of child exploitation. Unscrupulous elements will choose children from a non-conducive environment to be employed with the lure of wages. Based on Gowa Social Service data, the nature of work varies from begging to illegal acts, such as stealing. This is easy to achieve because the children in such environment tend to think that it is better to engage in such activities since it can provide results immediately compared with going to school. Quite often, exploitation and violence against children are perpetrated by the parents of the children themselves, so the children will not refuse to work. If the children refuse, the parents and other adults could easily assault them. In middle- and low-income environments, certain forms of violence against children, such as hitting, are common and will not cause negative reactions from the environment.

Based on these factors, the Gowa Social Service makes effort to assist child victims of exploitation and violence. First, the Gowa Social Service provides counselling to the child victims. Counselling is given to victims of child exploitation and violence in the form of mentoring by psychologists. However, for children who drop out of school and those who have problems in school as a result of exploitation and violence, the Office of Social Affairs provides assistance by conducting mediation efforts at the school

14IinKarita and Aidir Amin Daud, Paper Presentation on International Law Conference 2018 (INLAc20I8) 4-5 September 2018, KLRCA, Kuala Lumpur Malaysia "Law, Technology on The Practice Of Change, p. 36.

or directly with the Education Office to strive for the children to continue their education.Second, in its efforts to reduce acts of exploitation and violence against children, the Gowa Social Service conducts various activities, such as counselling and training, for children and parents or guardians.

These trainings are expected to educate parents/guardians and children themselves in order to reduce the level of exploitation and violence against children. In Gowa Regency, thanks to the counselling and training activities of the Gowa Social Service, the level of knowledge of the law regarding violence and exploitation of children and the corresponding sanctions can be said to be good enough, so the level of community knowledge is no longer an obstacle or factor in the occurrence of exploitation and violence against children.

In Gowa Regency, an amenity that is currently needed in handling cases of acts of exploitation and violence against children, according to the Gowa Social Service, is the provision of shelters for children. The unavailability of shelters for children leads to ineffectiveness in the handling of such cases. Children who are engaged in litigations with their families are forced to live with them or with other relatives because there is no shelter that can accommodate them. For children who have problems with their education, they should be fostered directly at the shelter; even though they are still in the process of litigation, they should not miss lessons. In addition, it would also be very helpful if counselling activities by psychologists are available in the shelter. Having a central location for counselling activities will greatly increase its effectiveness and facilitate the child itself.

In carrying out its duties of child welfare, the Gowa Social Service refers to the Regional Regulation of Gowa Regency Number 5 Year 2014 concerning the Implementation of Child Protection. In its involvement in cases of child abuse and exploitation, the Gowa Social Service has two functions, namely assessment function and assistance function:

Firstly, Assessment Function. Child cases tend to be reported at the local police station and at the social service office directly. For cases reported at the local police station, there is a handling relationship between the police station and the social service office. In handling child cases, including exploitation and violence against children, all cases reported at the Gowa District Police Station must be assessed by the Gowa Social Service. The Gowa District Police cannot conduct a follow-up on a child case if the Gowa Social Service has not provided an assessment of the case. This is a basic rule in the collaboration between the Gowa Social Service and the Gowa Police Station, and it must be carried out.

Secondly, Assistance Function. In each child case, the social service has an obligation to support the child until the case is completed. For child cases reported at the local police station, mentoring is carried out after an assessment by the Office of Social Affairs. The child assistance provided could be in the form of protection for children and assistance by a psychologist until the case is completed.For child cases reported at the social service directly, the Office of Social Affairs will immediately assist and implement referral efforts if the case is between the child and the parents and/or the child's community. Referral efforts are usually carried out in a familial manner in the form of mediation and can even involve officials of the local government, such as the village head, habitation (RW) head, and small area (RT) head. However, reconciliation can only be pursued if legal proceedings have not commenced in the case or if it has not been reported to the police. The Gowa Social Service always endeavours to resolve cases through mediation or kinship first. This is mandatory if legal proceedings have not started in a child case or if it has not been reported to the police. However, the reality, according to the Gowa Social Service, is that in many child cases in which children are the perpetrators, bickering between one child's parents/guardian and the other child's parents/guardian usually occur. This leads to difficulty in achieving family settlement in such cases, so the cases often end up with legal proceedings.15

15 Legal City Documentation and Information Network (JDIH) Makassar City, local government, see https ://j dih.makassar. go.id/peraturan-daerah/.

3.3 P2TP2A Makassar

P2TP2A Makassar has a very special role in the field of empowering women and children. P2TP2A has a direct role in dealing with various cases of child abuse and exploitation as well as tracing the chronology of events, factors, and causes of violence and exploitation of children. Furthermore, P2TP2A also plays a role in conducting assessments of victims of child abuse and exploitation. It tries to find the right solution in handling cases that are very diverse and resolve the problems and constraints that exist in each case. This includes providing legal assistance to victims of child abuse and exploitation.Based on the experiences of P2TP2A, which has been handling cases of child abuse and exploitation for several years, several important factors have been identified as the background to the occurrence of child abuse and exploitation; they are as follows:16

a. Economic Factor. The poor economic condition of families makes parents or other family members to exploit children in order to meet the basic needs in living their daily lives.

b. Educational Factor. Parents do not meet the educational needs of their children. Therefore, they do not have sufficient knowledge regarding child abuse and exploitation, which makes the children vulnerable to becoming victims of violence and exploitation.

c. Social Factors. Through social interaction between children and the environment, a bad social environment has the potential to make a child vulnerable to bullying, such as mocking and other forms of mental violence. The child is also vulnerable to physical violence, such as hitting, kicking, etc.

Makassar P2TP2A conducts counselling services for children who are victims of violence and exploitation. Anyone who comes to complain or wants to consult is openly received at the P2TP2A office for the purpose of counselling of victims of violence and exploitation. However, due to the professionalism of the P2TP2A Makassar, members of the general public who have personal problems outside the problems of women and children also come to receive counselling services, even though it is outside the scope of the P2TP2A work.

The Makassar P2TP2A has a unique perspective on the issue of violence and child exploitation. This is related to the position of the child as victim or perpetrator. P2TP2A asserts that children are victims and no more than victims. In the case of children as perpetrators, children are victims of their bad social environment. A bad social environment causes the child to have a rude and aggressive personality, which increases the tendency to commit acts of violence and exploitation. On the other hand, in the case of children as victims, a child is no more than a physical or psychological victim of the perpetrator himself.

If the perpetrator of violence and exploitation is a child, then it is important to pay attention to the mechanisms for resolving the case. The first mechanism is through mediation or kinship. This path is appropriate and effective for the resolution of cases that are mild. As for cases that are serious, the second mechanism, which is the use of the legal channels, is appropriate. Serious cases are cases that cannot be resolved by intervention or mediation; they include extraordinary crimes, such as immoral acts, murder, drug abuse, and terrorism. When children are the perpetrators, they are only subjected "coaching" penalties (special prisons).

Children who commit violence and exploitation in Makassar City have a special place where they serve their sentence, i.e. the Marsudi Putra Social Institution (PSMP) Toddopuli, which is a special place for ABH (children against the law). PSMP Toddopuli is one of the four PSMPs in Indonesia. There are also PSMP Handayani in Jakarta, PSMP Antasena in Magelang, and another PSMP.

In relation to severe cases, another important aspect in handling cases of violence and exploitation by the Makassar P2TP2A is the involvement of the Makassar City Police Resort. When there is a recurring case, it is brought to the Makassar City Police Resort. When this happens, the Makassar P2TP2A provides initial mentoring and child lawyers (paralegals) from NGOs, Hasanuddin University, or legal

16Mada Sen P., The Role of Makassar P2TP2A in dealing with Children Victims of Violence and Exploitation in the City of Makassar, Head of the Special Protection Division for Children, P2TP2A Makassar, Interview on October 23, 2017, at 10:10 WITA in P2TP2A Office, Anggrek Raya street No. 23, Makassar

aid institutions (LBH). In addition, the Makassar P2TP2A also provides free medical examination services for victims in child abuse cases. There is good coordination between the Makassar P2TP2A and the Makassar Polrestabes (metropolitan city police); two members of Polrestabes are involved in daily case handling by Makassar P2TP2A.

As a preventive and strengthening effort before dealing with various cases of child abuse and exploitation, there is an important extension programme for special attention. The Makassaar P2TP2A extension programme is aimed at various shelter residents and extends the Makassar P2TP2A to the sub-district level. The existence of extension programmes and shelters for residents is meant to accelerate processes in the handling of cases of child abuse. Residents are guided and trained to help respond quickly to cases of child abuse. The coaching is carried out by P2TP2A Makassar on a weekly basis. Almost all sub-districts in Makassar City currently have residents' shelter. There are 17 shelters in total, and a shelter contains around 10 people. In future, P2TP2A Makassar will have a joint movement in 153 villages in order to protect children and women from acts of violence and exploitation.

Good community knowledge also supports the process of protecting children from violence and exploitation. However, according to P2TP2A, most members of the community have a wrong impression of the Child Protection Law. They believe that the law is the cause of children behaving badly. The Child Protection Law is intended to fulfil children's rights. The goal is not to ensnare but to fulfil the rights of a child.A regulation is a reference meant to protect children from violence and exploitation. Makassar P2TP2A has several references regarding child protection. In this regard, the Makassar City Regional Regulation, which specifically regulates child protection from violence and exploitation, is under discussion at the Regional People's Representative Assembly (DPRD) of Makassar and has not been passed into law at the time this article was written. Nevertheless, there are two other regional regulations relating to children.

Mayor's regulation is also a legal product that serves as a reference for P2TP2A in handling cases of violence and child exploitation. There are two mayor regulations of Makassar relating to child protection. The first is Mayor's Regulation Number 91 Year 2016 concerning the Organizational Structure of Duties and Functions and Work Procedures of the Office of Women's Empowerment and Child Protection. The second is Mayor's Regulation Number 2 Year 2017 concerning Decent Cities for Children.

Makassar P2TP2A has a complete standard operational procedure (SOP) in handling cases of child abuse and exploitation. The SOP has its own reference, namely the Regulation of the Minister of State for Administrative Reform No. PER/21/M.PAN/11/2008 of 2008 concerning Guidelines for Preparing Standard Operating Procedures for Government Administration.Regarding the handling of violence and exploitation against children, other countries are also making effort to tackle the menace.17 With respect to the Philippines, the issue of live-streaming of sexual abuse of children, as reported by Andy Brown18 of UNICEF, is receiving special attention.

CONCLUSION

Violence against children in South Sulawesi does not only happen in the form of physical violence, such as murder, mistreatment, trafficking, and sexual abuse, but also takes the form of non-physical violence, such as economic violence, neglect, and psychological violence. In South Sulawesi, violence against children is still prevalent. From January to June 2017, South Sulawesi P2TP2A received 30 cases of violence against children and women. Also, based on the data of P2TP2A Makassar, in 2015, there were 478 cases of violence and exploitation of children; in 2016, there were 276 cases; in 2017, there were 90 cases. In addition, based on Makassar Police data, there were 387 cases of violence against children from January 2015 to June 2017.

17McDiarmid, Claire. "An age of complexity: Children and criminal responsibility in law." Youth justice 13, no. 2 (2013): 145-160.

18 Andy Brown, Loc cit

The regional government of South Sulawesi currently plays an active role in preventing and tackling violence and exploitation of children. Various parties in South Sulawesi, such as the Office of Social Affairs, P2TP2A of South Sulawesi and Makassar, Makassar City Police Resort, and various other stakeholders, have their respective functions and main objectives; therefore, they play various roles in dealing with child abuse issues. Also, the parties have their own specialties and diverse perspectives on child protection. However, these stakeholders often collaborate and synergize with each other in tackling cases of violence against children in South Sulawesi.

REFERENCES

Amiruddin and Zainal Asikin (2013) PengantarMetodePenelitian Hukum, Jakarta: Rajawali Pers.

Anastasia Hana Sitompul (2015) Kajian Hukum TentangTindakKekerasanSeksualTerhadap Anak di Indonesia, Jurnal

Lex Crimen Vol. IV/No. 1, pp. 46-47.

Andy Brown (2016) "Safe from harm: tackling webcam child sexual abuse in the Philippines,"

http://Unicef.org/stories/safe-from-harm-tackling-webcam-child-sexual-abuse-philippines,

KartiniKartono (2010) PatologiSosial 2, KenakalanRemaja(Social Pathology, Juvenile Delinquency), Jakarta: Raja

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