Child exploitation refers to using children to benefit others, satisfaction or profit, which often results in children’s unfair, cruel and harmful treatment. Elucidation of Article 13 paragraph (1) letter b of the Child Protection Law states that exploitation treatment includes exploiting, using, or extorting children for personal, family, or group gain. In general, there are two recognized forms of child exploitation
Writer: Patricia Cindy Andriani
Editors: Rheka Rizqiah Ramadhani, Nadia Amani Alya
Translators: Clarissa Cita Magdalena, Hasna Fatina Sakinah Abdul Kadir
Exploitation of Children in General
Child exploitation refers to using children to benefit others, satisfaction or profit, which often results in children’s unfair, cruel and harmful treatment. Elucidation of Article 13 paragraph (1) letter b of the Child Protection Law states that exploitation treatment includes exploiting, using, or extorting children for personal, family, or group gain. In general, there are two recognized forms of child exploitation:
Sexual exploitation: abuse of a vulnerable position, power, influence or use of a child’s beliefs for sexual purposes, including obtaining economic, social or political benefits from child exploitation and personal sexual gratification. Example: child prostitution, child trafficking, child pornography, child sexual slavery etc.
According to ECPAT International, sexual Exploitation of children is a basic violation of children’s human rights which consists of sexual violence by adults and the provision of monetary rewards or something that is valued in money where children are made sex objects and commercial objects. In the elucidation of Article 66 of the Child Protection Law, it is stated that what is meant by “sexually exploited” is all forms of use of the sexual organs or other organs of children for profit, but not only in prostitution and obscene activities.
In various human rights instruments today, sexual Exploitation of children is further grouped into five forms of criminal acts, namely:
Offering services or direct services to a child to perform sexual actions for money or other rewards.
Any display including photographs, visuals, audio, writing or otherwise involving children in sexual activity.
The process of recruiting, harboring, and accepting children for sexual Exploitation.
Sexual Exploitation of children by people who travel from one place to another. Often involves the use of various accommodation, transportation and tourism services that can facilitate contact with children. This allows the perpetrator to remain invisible in the community and the surrounding environment.
Marriage involving children and adolescents under the age of 18 may be considered a form of exploitation if a child is used for sexual purposes to obtain goods or payments in the form of money or services.
Next, the newest form of crime is online sexual exploitation of a child (OSEC). OSEC is all sexual exploitation committed against children online, including grooming, sextortion, sexting, child sexual abuse material (CSAM), and live broadcasting of sexual violence against children.
In the explanation of Article 66 of the Child Protection Law, it is stated that what is meant by “economically exploited” is an act without the child’s consent which includes prostitution, forced labor or services, slavery, oppression, extortion, use of physical/sexual reproductive organs to be transferred or transplanted by another party. For material gain.
It should also be understood that exploitation is different from violence. The exploitation of children occurs in the form of acts of violence where the perpetrator aims to obtain commercial/economic benefits. In the case of child exploitation, children are not only sex objects but also commodities to obtain money, goods, or services for the perpetrators and other people involved.
In principle, every child has the right to be protected from exploitation in any form that harms him. This is the obligation of parents, guardians, or other parties such as the government and related state institutions. This principle has been accepted both through international legal instruments (Convention on the Rights of the Child) and national legal instruments (Child Protection Law) and other regulations.
Facts of Child Exploitation in Indonesia
According to the 2016-2020 Child Complaints Case Data published by KPAI on its official website, there are 29 cases of child prostitution, 23 cases of child commercial sex exploitation (ESKA), 54 cases of child labor exploitation, 11 cases of illegal adoption, and 4 cases of child commercial sex recruitment (pimp)
Furthermore, KPAI recorded 35 cases of sexual exploitation, child trafficking, and child labor during the January-April 2021 period. Of these, 60% of them were done online, where the MiChat application was the most widely used medium (41%). Its position is followed by WhatsApp (21%) and Facebook (17%)
In the implementation of child protection, law enforcers ensure that victims receive justice and
recovery. Some of the laws that are often used, they are:
Case Reporting and Law Enforcement
Case Reporting to Police or Other Supporting Institutions
When a child becomes a victim of sexual and/or economic exploitation, the family can report the case to the police. In addition, cases can also be reported to the government agencies responsible for child protection and women’s empowerment and private institutions dealing with child protection issues.
Victims, relatives, and anyone who has experienced, seen/witnessed an alleged criminal act of child exploitation can report it to the police at all levels (Police Headquarters, Polda, Polres and Polsek). Parties who intend to report can immediately go to the Integrated Police Service Center to submit a report or contact the Police Call Center 110, which receives reports 24 hours, seven days a week.
Furthermore, the police will first investigate to determine whether the reported act is a criminal act or not. Suppose the reported action is proven to meet the elements of a criminal act. In that case, the police investigator/deputy will carry out an investigation process based on the police report and Investigation Order.
Since 2007, the Indonesian National Police has established the Women and Children Service Unit (UPPA), which is tasked with providing services in the form of protection for women and children who are victims of crime and law enforcement for the perpetrators. Investigating Unit officers under this UPPA will conduct investigations and investigations of perpetrators of crimes against women and children. When victims and/or witnesses report child exploitation cases, they must be placed in a special examination room (RPK). If the victim and/or witness is traumatized/stressed, the investigator must take them to P2TP2A or the nearest hospital for treatment before continuing the interview.
Other Supporting Institutions
Suppose the victim is reluctant to report child exploitation cases to the police because of trauma, shame, fear, and discomfort. In that case, the victim can report it to other supporting institutions that are responsible for protecting children and women, both government and private, including::
P2TP2A, both at the Central, Provincial, and Regency/City levels, provides integrated services to witnesses and victims of child exploitation crimes. The aim is to obtain complaint/identification services, health rehabilitation, social rehabilitation, repatriation, legal assistance, and social reintegration as regulated in Article 20 PP No. 78/2021.
Victims can directly contact the local P2TP2A to report cases of child exploitation. In addition to victim complaints, P2TP2A can also follow up on handling child trafficking cases from the referral process or through outreach. Furthermore, P2TP2A will take care of the victim identification process, including screening, assessment, and intervention plans as needed. P2TP2A will also forward cases reported to the police for legal processing and assist victims starting from protection, the process of carrying out the investigation and investigation BAP in the police, the prosecution process at the prosecutor’s office, and the examination process court. This includes legal assistance to obtain the compensation processed by the police, such as material and non-material losses suffered by the victim, collected and attached to the case file.
Indonesian Child Protection Commission (KPAI)
Victims can also report cases of child exploitation to KPAI. This report can be done online or offline. Online reports are carried out by filling in the “Online Complaints” data on the KPAI official website. In addition, the complainant can also contact KPAI directly through the complaint telephone number listed on the KPAI official website — (+62)02131901556. Furthermore, KPAI will process cases of child exploitation that are reported to the authorities, namely the police. KPAI official website: Formulir Pengaduan | Komisi Perlindungan Anak Indonesia (KPAI)
Victims can apply for protection through several available channels, including sending an application to the LPSK office address, submitting an application via the LPSK Protection Application Application (available on Playstore), sending Whatsapp messages and email, or contacting the LPSK hotline directly. Detailed reporting information can be accessed on the official website of LPSK: Lembaga Perlindungan Saksi dan Korban (lpsk.go.id).
LPSK immediately examines the application on the report submitted and provides a written decision no later than seven days from the submission. After that, LPSK will provide protection and assistance to victims/witnesses in the form of legal assistance, health rehabilitation, social rehabilitation, repatriation, and social reintegration. Before that, witnesses and/or victims must sign a statement of willingness to follow the terms and conditions of LPSK.
Victims also have the opportunity to report child exploitation cases to NGOs that deal with child protection issues, such as Rumah Faye. NGOs that know or receive reports related to child exploitation cases must immediately follow up on these reports to the local police.
Rumah Faye itself has a program for the release of child victims of Exploitation whose activities include: receiving referrals for cases and victims through cooperation and coordination between the government, NGOs, and law enforcement officers; assisting victims in legal processes such as receiving reports/complaints, assessing victims, assisting the BAP process, mediation, case proceedings (if necessary), assisting the post-mortem process, handling cases, assisting victims in testifying in court, and monitoring the course of the case until the decision is made; conduct field assessments to police stations and vulnerable areas.
Police Investigation Stage
After the Investigation Warrant is issued, the police will issue an Investigation Commencement Notice (SPDP). This SPDP is then sent to the public prosecutor, the complainant/victim, and the reported party within a maximum of 7 days after the issuance of the Investigation Warrant. In this investigation process, the police will examine and collect evidence on cases of child exploitation through examination of suspects, arrests, detention, examination of witnesses, examination of experts, and other actions as needed.
Then, the investigator will make an official report on the implementation of these actions and submit the case file to the public prosecutor to proceed to the prosecution stage. If the investigation process is considered complete, the suspect and the evidence will also be submitted to the public prosecutor
Prosecution Stage
After receiving the case file from the investigator, the public prosecutor will examine the file and the evidence provided. If it is judged that there are missing things, the public prosecutor must provide instructions to the investigator to improve and/or complete the results of his investigation. Furthermore, the public prosecutor makes an indictment and delegates the case to the court. At this stage of the prosecution, the prosecutor must announce the rights of the victim.
Examination Stage in the Court Session by the Panel of Judges
After the case file has been transferred by the public prosecutor to the district court, the panel of judges will examine and decide on the case in court. In principle, the judge may only impose a sentence if there are at least 2 valid pieces of evidence that the judge believes that a crime has actually occurred and the defendant is guilty.
Expert’s testimony is an important evidence in cases of child exploitation. This is due to the difficulty of proving the perpetrators’ act–allegedly putting children in sexual services for economic reasons, such as child prostitution.
The examination of witnesses and/or victims of the trial for the criminal act of child exploitation is carried out in a closed session in order to protect the best interests of the child. They must be accompanied by their parents, guardians, foster parents, advocates, or other companions.
Examination of witnesses and/or child victims in court proceedings must be carried out without the presence of the accused. In addition, the examination, with the approval of the judge, can also be carried out outside the court session by recording. During the process, the prosecutor does not wear a toga or official uniform.
Several institutions that play a role in the victim recovery process, both in the government and the private sector are:
Victims Repatriation Process
In addition to rehabilitation services and legal assistance, P2TP2A also assists in the repatriation of victims to their families of origin or replacement families. This repatriation is carried out based on the will and consent of the victim while still prioritizing protection services and fulfilling their needs. P2TP2A provides assistance to victims who have received services and will be returned to their previous or new families.
Victim’s Social Reintegration Process
The final process of services provided by P2TP2A to victims is social reintegration, where the victim is reunited with the family of origin or new family. The union seeks to ensure that victims can be accepted back by their families and communities. During the process, economic and social empowerment as well as skills training are also provided so that victims can earn economically. In addition, victims who had dropped out of school will receive educational assistance, further monitoring/guidance and home visits to monitor their condition after the process of unification with their families.
Rights of Victims (and/or Witnesses) in the Legal Process
In connection with the ongoing legal process, the children’s rights are regulated in Article 5 of Law no. 13/2006 as follows:
The above rights will be granted to victims and/or witnesses of criminal acts in certain cases in accordance with the LPSK’s decision.
In addition, victims and/or witnesses who feel that they are in a very threatened position can give testimony without being present in court with the approval of the judge. Testimony is given in writing which is submitted before an authorized official or through electronic means accompanied by an authorized official.
Victims, witnesses, and reporters cannot be prosecuted by law, both criminal and civil, for reports, testimonies that will be, are being, or have been given.
Victim’s Rights After Legal Process
In the process of legal protection or fulfilling the rights of child victims of exploitation, there are several challenges faced both internally and externally.
Maya (not her real name), was not even 10 years old when she was caught stealing IDR 5,000,000 from a store. Maya was then taken to the local police station. Because she was still a child, the police immediately entrusted Maya to the Integrated Service Center for Women and Children Empowerment (or P2TP2A in Indonesian) for recovery. Based on the assessment results on Maya, she stole that money because her father told her to. Every morning, Maya has to leave the house to steal and bring the stolen goods to her parents to pay for their lives. Maya’s father does not have a permanent job, so they are always on the poverty line. Based on the results of the investigation conducted by the police and the assessment, P2TP2A and the police declared Maya a victim of child exploitation. Then P2TP2A referred Maya to Rumah Faye for recovery.
Rumah Faye then accepts Maya to live in our safehouse and undergo the Recovery Program. The first thing that Rumah Faye did was look at the chronology of cases and the results of the initial assessment that had been carried out. Based on these results, Rumah Faye carried out further assessments related to the client’s condition that had not been successfully obtained from the previous assessment process. After that, there was a physical and psychological examination.
According to the results of further assessments and examinations, it is known that Maya is experiencing economic exploitation. For a year, Maya was forced to steal every day by her father so that it became a regular part of her life. Rumah Faye realizes that the recovery steps taken will not work if the family does not support Maya to recover. Finally, Rumah Faye reported Maya’s biological father to the police.
The investigation conducted by the police shows that Maya has one younger sister and one older brother. They have no other siblings who can provide care for their little sister. So if the case is continued until there is law enforcement, it is sure that Maya’s sister and brother will lose their parents. But on the other hand, Maya’s biological father has been exploiting these children. Therefore, what was done by the police and agreed by Rumah Faye was to use mediation.
The result of the mediation is that Maya will receive a Recovery Program service from Rumah Faye. Parents will receive counseling services and they could visit Maya to provide care and explain that the act of stealing is wrong, that it should not be done, and that it violates the law. Weekly visits and meetings conducted by Maya’s parents must be carried out intensively for a certain period of time.
Throughout her time in our safehouse, Maya gets the various services she needs. Maya learns to read, write, knit, do weekly counseling, and do many other positive activities. Maya also learns to adapt to being a child according to her age. After a certain period of time, the Recovery Program for Maya ended and she was ready to be reintegrated into the family.
For three months since Maya was reintegrated, Rumah Faye has carried out a monitoring process to keep an eye on Maya’s progress. In addition, Rumah Faye also provides routine food assistance to the family.
Against trafficking, violence and exploitation of children
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