Weak Implementation of Child Welfare Institution Standards

In a raid on September 21, 2023, the Department of Social Affairs (Dinsos) in Medan, Indonesia. successfully rescued 40 children who were victims of exploitation through begging on TikTok. This alarming discovery sheds light on the disturbing trend of exploiting children for financial gain through social media platforms.

It should be noted that according to Article 14 of Law Number 23 of 2002 concerning Child Protection, every child has the right to be raised by their own parents, except when there are valid legal reasons/rules indicating separation for the best interests of the child.

Child Welfare Institutions (LKSA) engage in exploitation, which involves any activity that utilizes a child's potential for the benefit of a group or the child itself. This entails forcing children to engage in activities that generate profits using their potential.

The United Nations Convention on the Rights of the Child, in Article 19(1), emphasizes the protection of children from all forms of physical and mental violence, injury, abuse, neglect, or harmful treatment, including exploitation. This protection applies to children under parental care, guardianship, or other forms of custodianship.

According to Child Protection Laws, every child has the right to be protected from economic exploitation while under parental or custodial care. Economic exploitation encompasses various forms such as prostitution, forced labor, slavery or practices similar to slavery, oppression, extortion, physical exploitation, and the utilization of a child's abilities by others for material gain.

Perpetrators of child exploitation face severe penalties as stipulated in Article 76I of Law Number 35 of 2014, which mandates imprisonment of up to 10 years and/or fines of up to 200 million rupiahs for those who engage in economic or sexual exploitation of children.

Child Welfare Institutions (LKSA), formerly known as orphanages, may have their operational licenses revoked if found guilty of exploitation.

The recent action taken by Dinsos Medan is a first step in protecting the rights and welfare of vulnerable children and should serve as an indication if many still do not meet the standards outlined in Law No. 4 of 1979. It underscores the importance of stringent measures to combat child exploitation and highlights the urgent need for increased awareness and vigilance in protecting children from such heinous acts.