Professional Documents
Culture Documents
& FAMILY
WELFARE
SERVICES
IN INDONESIA
An Assessment of the System
for Prevention and Response
to Abuse, Violence and
Exploitation against Children
Kementerian Sosial RI
Child Frontiers is a consulting company providing innovative
solutions, technical assistance and training services to
agencies and governments to improve the care and protection
of children.
ACKNOWLEDGEMENTS
• Aceh
Shelley Casey (Child Frontiers)
Naning Pudji Julianingsih
(Child Frontiers)
Dra.Susilawati MSi (STKS, Depsos)
• East Java
Guy Thompstone (Child Frontiers)
M. Akbar Halim (Child Frontiers)
Dwi Yuliani, MSi (STKS)
FOREWORD
Director General for Social Services
and Rehabilitaion
Ministry of Social Affairs
FOREWORD
UNICEF Representative in Indonesia
Over the last decade, the Government of fragmented, hindering access for
Indonesia has exerted significant efforts children in need. Furthermore, the
to incorporate the UN Convention on the findings attest to the lack of a robust
Rights of the Child into national law and and effective structure for coordination,
to build child protection systems that and far greater emphasis placed on
safeguard children from abuse, violence, responding to child abuse rather than on
exploitation and neglect. preventive measures
TABLE OF CONTENTS
ACKNOWLEDGEMENTS .................................................................... ii
REFERENCES ...................................................................................... 90
vi Child and Family Welfare Services in Indonesia Abbreviations and Acronyms
PSPA ~ Panti Sosial Petirahan Anak TRC ~ Tim Reaksi Cepat (Depsos’ Rapid
(Childcare institution for children with Reaction Team)
behaviour or social adaptation difficulties)
UEP ~ Usaha Ekonomi Produktif
PSM ~ Pekerja Sosial Masyarakat (Productive Economic Works)
(Community Social Worker)
UNICEF ~ United Nations
Puspelkesos ~ Pusat Pelayanan Children’s Fund
Kesejahteraan Sosial (Social Welfare
Service Centre) Unit PPA ~ Unit Pelayanan untuk
Perempuan dan Anak (Special Unit
Qanun ~ Formal Local Law applied in at police station to serve woman
Aceh, based on Islamic Law and children)
DEFINITIONS
Commercial exploitation
Of a child refers to use of the child in
work or other activities for the benefit of
others. This includes, but is not limited
to, harmful child labour, child prostitution,
and the exploitation of children through
pornography. These activities are to the
detriment of the child’s physical or mental
health, education, and moral or social-
emotional wellbeing.
EXECUTIVE SUMMARY
1
Throughout this report the term ‘compulsory protective services’ refers to the stage at which the State
assumes the primary responsibility for the child to ensure their protection. This point usually comes
as a result of an agreed decision that the parent / caregiver is no longer able to protect the child. The
engagement of the parent and child with State protective services at this stage is no longer a voluntary one,
but is compulsory.
xii Child and Family Welfare Services in Indonesia Executive Summary
2
Throughout this report, the term ‘family preservation’ means the process by which parents / caregivers and
children are supported to live together in a safe and appropriate family unit. At a very minimum, the term
means that a child is enabled to live with a family member, perhaps extended family, and is not sent to stay
in an institution.
xiv Child and Family Welfare Services in Indonesia Executive Summary
These initiatives all represent important and response services are systematically
components of child and family welfare developed and established in all
services, but have yet to be integrated communities and that all children in need
into a comprehensive system for of protection get the support to which
preventing and responding to all forms they are entitled.
of violence, abuse, and exploitation
of children. The report makes the following general
recommendations for strengthening the
A comprehensive child and family welfare child welfare system in Indonesia:
system requires the development of
1) Development of national strategic
a clear continuum of prevention, early
plan for the reform of the child
intervention, and response services
and family welfare system: it is
aimed at building the capacity of
recommended that Depsos, through a
parents to care for their children and
broad, consultative process, develop
for an appropriate State response
a long-term strategic plan outlining
when children have experienced
the steps necessary to shift from the
violence. Accomplishing this effectively
current reactive, institution-based
requires the designation of a single key
approach, to a more comprehensive
government agency with structures,
approach to child and family welfare
processes, authority and accountability
services delivery. This should
for the management and delivery
include details regarding timeframes
of child and family welfare services,
and actions required to make the
with divisions of responsibility at the
necessary changes to the legal and
provincial, district, sub-district, and village
regulatory framework, the structures
level. However, Depsos/Dinas Sosial is
and processes for service delivery,
currently not perceived as having this
as well as capacity building and
fundamental authority and lacks a clearly
budgetary requirements.
designated role under existing child
protection legislation. Responsibility for 2) Design of a comprehensive child and
early intervention and response services, family welfare delivery system: it is
including assessment, decision-making, recommended that, as part of this
and service provision, is largely centred reform process, an overall vision of
on law enforcement agencies, NGO, the child and family welfare service
community organisations, and childcare delivery paradigm be developed at
institutions, rather than the government the national level, and then piloted
social welfare authority. in one or more provinces. Through
research of international models
Indonesia is to be commended for and consultation with stakeholders,
the emphasis placed on the role this vision should outline how child
that communities and civil society and family welfare services can be
organisations play in child and family effectively managed and delivered
welfare services. A rights-based and from the national, provincial, district,
sustainable approach, however, requires sub-district and village level. It would
that child and family welfare services ideally include the following: a)
be perceived as an obligation of the clear designation of the mandate,
State, rather than community-driven or authority and accountability of the
voluntary. This requires clear statutory child welfare authority; b) outline
designation of the government social of the structure for managing and
welfare agency as the ultimate authority implementing child and family welfare
responsible for ensuring that prevention service delivery from the national,
xx Child and Family Welfare Services in Indonesia Executive Summary
01
INTRODUCTION
Over the last decade, the
Government of Indonesia has
exerted significant effort to improve
the child protection system. In
addition to ratifying the CRC and
signing its optional protocols, it
has also enacted a number of laws
addressing child protection issues,
most notably the Law 23/2003 on
Child Protection, as well as national
plans of action relating to trafficking,
commercial sexual exploitation of
children, and child labour.
4 Child and Family Welfare Services in Indonesia
UNICEF and Depsos Many programmes and initiatives In order to achieve a balanced picture
have undertaken this have been undertaken at the national across Indonesia, three distinct
assessment to gain a and sub-national level to implement provinces were studied, namely Aceh,
better understanding these policies and address pressing East Java and Nusa Tenggara Timur.
of the existing child child protection issues. While these Due to the very decentralised nature of
and family welfare efforts are positive and demonstrate a the social welfare system, it cannot be
system in Indonesia. genuine commitment to improving the claimed that an analysis of these three
protection of children, concerns have provinces provides a complete sample;
been raised that implementation has however the combined findings do
been fragmented and that gaps exist in produce significant evidence upon which
the institutional arrangements necessary to base the national level analysis and
to ensure children’s protection. recommendations.
Significant progress has been made
in strengthening services to support A child and family welfare system is
children who have experienced some defined as a system that prevents
of the most serious forms of violence and responds to all forms of violence,
and exploitation, but less attention has abuse, neglect and exploitation of
been paid to proactive and preventative children, and includes norms (laws,
approaches. Programmes and services policies, guidelines, standards and
for children in need of protection tend regulations); processes (protocols,
to be fragmented, issue-specific, and referral, and coordination), and structures
focused on institution-based responses. (institutional arrangements, continuum
services, capacities).
Globally, there has been growing
recognition of the need to progress The principle objective of the
beyond issue-specific, responsive assessment is to evaluate:
programmes towards a more integrated 1. the level of understanding and
and systems-based approach to adherence to child protection
preventing and protecting children principles defined in international and
from all forms of violence, abuse, national law and policy;
neglect, and exploitation. Emphasis
2. the functioning of government
is increasingly shifting to a more
agencies at all levels, including
holistic approach encompassing
the decentralization of child
proactive and preventative child and
protection structures and the impact
family welfare services, rather than
on coordination;
reactive interventions after violence or
exploitation has occurred. Rather than 3. the operationalisation of the policy
an exclusive focus on the child victim, framework in the three selected
interventions are directed at the whole provinces, focusing upon feasibility
family, aiming to improve parents’ of implementation in more remote
capacities to provide appropriate care areas; and
and protection, or to provide alternative
4. the relevance of the current system
family-based care for children who
established in the Indonesian context.
cannot live with their own family.
The assessment provides a macro-level
Against this backdrop, UNICEF
baseline of understanding about the role
and Depsos have undertaken
of central government in ensuring that,
this assessment to gain a better
at the local level:
understanding of the existing child and
family welfare system in Indonesia.
Introduction 5
- Structures or agencies of protection process was largely qualitative in nature The report aims
and welfare are in place and have and included: to broadly assess
the authority, mandate and duty to whether the current
a) Desk Review of existing reports,
operate as defined by law and policy; paradigm is effective,
studies, evaluations, and other
- Joint planning for children is prioritized information pertaining to the child efficient, sustainable,
and inter-sectoral coordination protection system in Indonesia; and relevant to the
mechanisms are attributed; Indonesian context
b) Analysis of Legal and Policy
and circumstances.
- Financial and human resources Framework at the national level, as
(including human capacity building) well as in the selected provinces;
are adequate to support the central
c) Field Research in Jakarta and
level policy and programmes;
three provinces (East Java, Nusa
- Services and programmes are in Tenggara Timur, and Aceh). In each
place to prevent children and families of these locations, information was
becoming at risk, and to protect gathered from key informants and
children who have experienced other stakeholders through semi-
violence, abuse, and exploitation. structured interviews and group
discussions, and site visits were
The report aims to broadly assess undertaken to specialised police
whether the current paradigm is stations, integrated service centres,
effective, efficient, sustainable, and and childcare institutions. The group
relevant to the Indonesian context discussions with children employed
and circumstances. In doing so, the PRA techniques.
Indonesian system has been assessed
against international standards and Initially, the research methodology
best practices in the field of child and also included plans to conduct group
family welfare services. The analytical discussions with parents and children
framework for the assessment was who had received protective services.
guided by the Child Protection Toolkit However, due to difficulties with logistics
developed by the UNICEF Regional and locating appropriate respondents,
Office for East Asia and the Pacific, and this aspect of the research could not
particularly by the technical guidelines be completed. Children’s perspectives
relating to the social welfare system. were obtained instead through group
A checklist of the core components of discussions with children in shelter
an effective child and family welfare homes for children who had experienced
system against which the Indonesian violence, abuse, and exploitation.
system was assessed is included in
Annex 1. Based on this analysis, detailed
recommendations are provided to
strengthen the child and family welfare *****
system in Indonesia.
© KEMENSOS RI
Introduction 7
02
LEGAL
AND POLICY
FRAMEWORK
Pursuant to the Convention on the
Rights of the Child, national laws
should guarantee children the right to
protection from all forms of violence,
abuse, neglect, and exploitation, and
reinforce the primary responsibility of
parents for the care, protection, and
development of children.
8 Child and Family Welfare Services in Indonesia
At the national level, Laws should also obligate the State to and includes a binding regulatory
Indonesia has support families in their child-rearing framework for compulsory registration,
made significant responsibilities, and in particular, accreditation, monitoring, and inspection
progress towards provide child welfare authorities with of all government and non-government
incorporating the CRC the power to intervene to support and service providers.3
into national law and in protect children who have experienced
violence, neglect, and exploitation in The legal framework for these types of
establishing the basic
or outside of their homes. An effective child welfare and protective interventions
legal framework for is separate and distinct from the process
legal framework for child protection
child protection. for sanctioning perpetrators. From a
is one that: designates a government
agency with a clear mandate, authority, child-centred perspective, the primary
and accountability for the management focus of child protection / child welfare
and delivery of child welfare services, legislation should be on the types of care
including division of responsibility and protection that the State must make
between the central, provincial, district, available to children and their families,
and sub-district levels; stipulates which is generally addressed through
a continuum of prevention, early an independent process from that
intervention, and response services relating to civil or criminal sanctioning
to prevent and respond to all forms of of perpetrators. While protocols and
child maltreatment; provides standards, procedures for child-friendly investigation
criteria, authority, and procedures and referral of child victims of crime are
for making decisions about which an important part of the overall system
interventions are appropriate in individual of protection, the legal framework for
cases, including the standard for when child and family welfare services should
compulsory protective services may ideally promote identification of children
be used; requires that all decisions and families at risk and early intervention
regarding compulsory protective before the maltreatment reaches the
services, the separation of a child from point of a criminal offence, as well
his/her family, and out-of-home care as comprehensive support to child
are made by a designated government victims beyond their involvement in the
authority, subject to judicial review; criminal investigation.
3
UNICEF East Asia and the Pacific, “Technical Guide: Social Welfare Systems”, Child Protection Program
Strategy Toolkit, 2009.
10 Child and Family Welfare Services in Indonesia
accountable for protecting children, government retains responsibility for The Law on Child
including the State, government, developing policy and ensuring that Protection does not
community, the family, and parents.6 minimum standards are met, while provide any detailed
The State’s obligations are defined in local government has responsibility guidance with
very general terms as: putting in place for actual service delivery. In the field respect to the roles
infrastructure and facilities designed of child protection, Depsos’ role has and responsibilities
to provide protection for children; been defined as developing guidelines of the central and
and guaranteeing and overseeing the and procedures regarding the provision regional social
protection of children, with regard to of care and assistance to children
welfare authorities
the rights of parents, guardians and in difficult circumstances; issuing
in the management
other person responsible for the care requirements and procedures for the
and delivery of child
of a child under the law.7 This general establishment of childcare institutions;
oversight role is defined in general terms and supervising community endeavours welfare services and
and there is no specific government to improve the welfare of children in does not specifically
agency designated under the law as difficult circumstances.9 However, the call for further
primarily responsible for managing or role of provincial and district-level social regulation in this area.
delivering services for prevention of welfare authority in implementing these
and response to violence, abuse, and services has not been fully articulated
exploitation of children. The Law on in the law. The new Law on Social
Child Protection does not provide any Welfare provides greater clarity with
detailed guidance with respect to the respect to roles and responsibilities
roles and responsibilities of the central for social welfare services and states
and regional social welfare authorities that the implementation of social
in the management and delivery of welfare services in the region must
child welfare services and does not be coordinated by the social agency/
specifically call for further regulation in authority and conducted in planned,
this area.8 focused, and sustainable manner.
However, the law relates the delivery
a) Designation of Authority for of social welfare services in general,
Child Protection and does not address the social welfare
authority’s additional responsibilities
The Department of Social Affairs and unique role in handling individual
(Depsos) has an overall mandate to cases of violence, abuse, neglect, and
carry out the central government’s exploitation of children.
responsibilities in the areas of social
welfare, empowerment, social security, The Law on Child Protection outlines
and social rehabilitation. Pursuant to in general terms the measures to be
Law 39/2007 on Local Government taken to support children in need of
and Law 11/2009 on Social Welfare, special protection.10 However, it does
Depsos’ role in social welfare service not designate a specific agency as
delivery is mainly regulatory; the central responsible for prevention and response
4
Statistical Yearbook of Indonesia, 2008.
5
Article 59 ; 6 Article 20 ; 7 Articles 22 and 23.
8
The Law requires only the development of regulations relating to adoption, birth registration, and the KPAI.
9
Regulations on Social Welfare Efforts for Children with Problems; Ministerial Regulation 82/HUK/ 2005 on
the Organization and Work of the Ministry of Social Affairs, Article 248.
10
Defined as children in emergencies; children in contact with the law; children from minority groups;
children who are economically or sexually exploited; child victims of kidnapping, sale and trading; children
experiencing physical, sexual, and emotional violence; and neglected/abandoned children.
12 Child and Family Welfare Services in Indonesia
The concept of to violence, abuse, and exploitation in need of protection get the support to
statutory protective of children, and does not provide which they are entitled.
services has not specific authority, powers, or duties to
any one agency regarding protective Furthermore, while civil society
been incorporated
interventions required in individual organisations can play an important
into Indonesia’s child
cases of violence against children. The role in providing services to families
protection law.
Law on Child Protection and Law on and their children, ensuring consistency
Child Welfare state that the special in terms of access to and quality of
protection to be afforded to children services requires a strong supervisory
“shall be the responsibility of the and regulatory role for the social welfare
government and the community,” but authority. The Law on the Protection
do not differentiate between the role of Children and Law on Child Welfare
of the government and the community provide the government with an overall
at large in terms of prevention and supervisory responsibility, and the
response services.11 The concept of Law on Social Welfare has introduced
statutory protective services has not new requirements with respect to the
been incorporated into Indonesia’s child registration and accreditation of all social
protection law, and therefore limited welfare service providers. However, the
distinction is made between voluntary latter provisions are new and have yet to
endeavours of families and communities be further developed through a detailed,
and mandatory State interventions to binding regulatory framework for
protect children. The overall response to registration, accreditation, monitoring,
children in need of protection, including and inspection of all agencies and
assessment, intervention planning, organisations providing services to
case management, decision-making, children and families to ensure that
and service provision is centred on service standards are being maintained.
community organisations and childcare Under existing regulations and Depsos
institutions, rather than the government guidelines,13 any organisation can obtain
social welfare authority.12 registration and permission to operate
as a social welfare organisation, with
Indonesia is to be commended for no requirement to provide evidence of
the emphasis placed on the role that qualifications or capacity. Registration
families, communities, and civil society gives the social organisation the
organisations play in child and family authority to engage in any form of
welfare services. However, from a social welfare activity, including case
rights-based perspective, these welfare management and decision-making
services are also a core obligation of about protective interventions for
the State, not simply something that children, organisation of foster care
is community-driven and voluntary. placements, and the operation of a
While parents and communities have childcare institution.14 While Depsos has
primary responsibility for the care and issued guidelines regarding the case
protection of children, the State social management process and the provision
welfare agency should have authority of services for children in and out of
to intervene when children are at risk of institutional care, they do not carry the
harm due to the failure of parents to fulfil same weight as binding regulations
their obligations. This requires a clear and, for the most part, are framed
statutory duty on the government social in the language of general guidance
welfare agency as the ultimate authority documents, rather than setting specific,
responsible for ensuring that all children measurable standards of service.
Legal and Policy Framework 13
This gap should be addressed when advice of the House of Representatives, The Law on Child
regulations under the Law on Social for individual terms of three years. Protection calls
Welfare are further developed. They must be recruited from specific for the creation of
sectors of society including: religious an independent
c) Independent Monitoring figures, community figures, charitable Indonesian
and Complaints organisations, business, and community Commission for
groups.15 The organisation of the KPAI the Protection
With respect to independent monitoring, and appointment of its Commissioners is Children (KPAI).
the Law on Child Protection calls for the further detailed in a Presidential Decree,
creation of an independent Indonesian which gives the KPAI the authority to
Commission for the Protection Children establish a regional level representative,
(KPAI). The Commission’s duties are if it considers this necessary for
to conduct socialisation of all laws and supporting its implementation of duties,
regulations, collect data and information, and also states that the costs needed
receive community complaints, and to support implementation of the KPAI
conduct studies, monitoring, evaluation, and its duties shall be borne by the State
and supervision with respect to the Budget.16
protection of children’s rights. It is
required to submit reports, advice, In addition to the KPAI, Ministerial
input, and considerations directly to Decree No.81/1997 of the Ministry of
the President. The KPAI is composed Social Affairs calls for the establishment
of a chairman, two vice-chairmen, of provincial child protection bodies
one secretary, and five members. (Lembaga Perlindungan Anak)
Commissions are appointed and responsible for monitoring and advocacy
removed by the President, based on the in relation to children’s rights.
11
In defining the specialized services to be provided to various categories of children in need of protection, the
Law on Child Protection states only that they should be provided supervision, prevention, care and rehabilitation
efforts on the part of both government and the community, without articulating a clear statutory role for a
government agency. While the 2004 Depsos Guidelines for the Care of Children in Need of Special Protection
state in the introductory sections that the role of the community in terms of children in need of special
protection is mainly “preventative,” the Guidelines then go on to state that main responsibility for providing
protective services to children and their families rests with the childcare institutions, the vast majority of which
are operated by community organizations and NGOs.
12
Depsos, Guidelines for the Care of Children in Need of Special Protection, 2004.
13
Decision 50/HUK/2004 of the Minister of Social Services on the Standardization of Social Care Institutions. The
only documents required in order to be registered as a social organization are: a statement of organizational
aims; an Act of Notary; and a SIK, or letter of authorization issued by Depsos or Dinas Sosial.
14
Guidelines on Care for Children in Shelter Accommodation, 2004; Guidelines on Social Services for Neglected
Children in Childcare Institutions, 2007; and Guidelines for Care of Children in Need of Special Protection, 2004.
15
Law 23/2002 on Child Protection, Articles 75-78.
16
Presidential Decree No.77 of 2003 on the National Commission for Child Protection.
14 Child and Family Welfare Services in Indonesia
There is no explicit of the child principle means that all of neglected children,17 and take a
statement of the actions involving children undertaken much more family-centred approach
by the government, the community, the than previous guidelines.18 The new
State’s responsibility
legislature, and the judiciary must take Guidelines provide guidance on the
to support parents
the best interests of the child as the development of family-based social
in their child-rearing
paramount consideration. services aimed at: reviving the social
responsibilities or function of family as the source of
recognition of this services for children; integrating child
a) State responsibility to
as an important social services in family environment;
support parents
strategy for and improving the social responsibility
preventing violence, Both the Law on Child Welfare and the of family. Some of the defined family-
abuse, neglect, Law on Child Protection recognise the based services are supportive of
exploitation, and primary responsibility of parents in caring parents (parenting education, family
parental separation. for and protecting their children, with economic empowerment, reunification,
the latter explicitly recognising children’s family therapy, family resources and
right to grow up in a family environment support services, and intensive family-
unless separation is necessary in centred crisis service), while others
the interests of the child (Articles are substitutive (adoption/guardianship,
7, 14). However, there is no explicit foster care, and kinship care). The
statement of the State’s responsibility Guidelines state that these services are
to support parents in their child- to be provided on an outreach basis, with
rearing responsibilities or recognition primary responsibility for service delivery
of this as an important strategy for resting with “service institutions;
preventing violence, abuse, neglect, either social organizations or NGOs, or
exploitation, and parental separation. orphanages”. This is an improvement over
The responsibility of the government the 2004 Guidelines, which envisioned
and community towards parents who residential childcare institutions as the
fail to fulfil their responsibilities is main mechanism for providing outreach
defined largely in terms of providing services to children in the community.
substitutive care through another family Provisions are also made for community-
or a childcare institution, rather than based social services to be carried out
strengthening and supporting the child’s by networks of local social groups (Pos
parents (Articles 7(2), 26(2), 37(1), 57). Pelayanan Sosial Anak Terlantar (POS
Neither law includes provisions for the PILAR), particularly those with expertise
identification of and support to at-risk in child and family matters, such as
children and parents through early the PSM, PKK, and Posyandu cadres.
intervention strategies such as intensive Depsos is responsible for developing
parenting skills support, individual/family strategies, guidelines and standards
therapeutic support, respite care, etc. for these family and community-
based social services, for providing
This gap has to some extent been
budgetary support, and for supervision,
addressed by new guidelines issued
monitoring, and evaluation of program
by Depsos in 2008 on Family and
implementation. Responsibility for
Community-Based Social Services for
development and implementation of
Neglected Children. The Guidelines
family and community-based social
highlight the importance of ensuring
services lies with social institutions and
that family and community are part
agencies at provincial/district levels.
of the effort to address the problem
Legal and Policy Framework 15
b) State responsibility to intervene to significantly lower than that required for The Law on Child
protect children criminal prosecution of the perpetrator. Protection does
(See Section 5 below for a more detailed not address
With respect to children who have discussion of these different levels of the processes,
experienced maltreatment, the Law services and interventions). procedures, and
on Child Protection and its Elucidation
include detailed definitions of the The Law on Child Protection does not authority for
various forms of violence, neglect, address the processes, procedures, receiving reports,
and exploitation of children. However and authority for receiving reports, conducting
the definitions are generally not in conducting assessments of the family assessments of the
conformity with international standards situation, developing care and protection family situation,
and are framed with respect to plans, and managing interventions developing care and
conduct warranting the sanctioning of necessary to protect the child, including, protection plans,
a perpetrator, rather than the standard as necessary, removal from the home and managing
for when a child requires protective and provision of alternative care. It interventions.
intervention and support.19 Clear includes a general provision stating that,
statutory provisions are necessary, under where parents neglect their obligations,
criminal and other laws, to penalise all a family member may apply to the court
forms of child maltreatment. However, to impose “supervisory measures”, or
the focus of a child protection law to revoke parental rights and appoint a
should be on defining, from the child’s guardian.20 However, it is not clear who
perspective, the circumstances that is responsible for these supervisory
give rise to the need for child welfare measures, and Depsos has yet to issue
services, including both voluntary and further guidance with respect to court-
compulsory support services. Laws ordered supervision or revocation of
and regulations should establish clear parental rights.
benchmarks for when a child and his/
her family are considered to be in In terms of the interventions and
need of voluntary, early intervention services that should be provided to
services (e.g. parenting programmes, children who have experienced violence,
counselling), and when compulsory child abuse, and exploitation, Indonesian
protective interventions may be used law is grounded in an issue-specific,
(e.g. supervision of parents or removal rather than holistic approach. While
of the child from parental custody). it is certainly positive that effort is
This is generally defined in terms of the being made to address the issue, it
child’s wellbeing and the risk of harm is also important to acknowledge that
to him/her, rather than the conduct of further development is required. For
the perpetrator. The standard/degree many countries in the early stages of
of harm required for intervention by establishing child protection services
child welfare authorities is generally and procedures, it is common for these
17
A “neglected child” is defined broadly as a child whose basic needs (physical, mental, and social) are not
fulfilled adequately. Depsos includes within this category: orphans, fatherless children, children who drop
out of school, and children from disadvantaged families.
18
Guidelines for the Provision of Non-Institutional Social Service to Neglected/Abandoned Children, 2004.
19
For example, Article 81 of the Law defines sexual abuse as the deliberate use or threat of violence tricks,
lies or ruses to force a child to engage in sexual intercourse. However, under the CRC and international
standards, States parties should establish a minimum age below which any form of sexual contact with the
child is considered sexual abuse, regardless of whether any force, threats, tricks, or forms of coercion were
used and regardless of whether the child consented to the sexual act.
20
Article 30.
16 Child and Family Welfare Services in Indonesia
The special protection to start out as essentially reactive the part of both government and
measures to be initiatives. Rather than outlining a the community (Article 71).
afforded to children continuum of services and interventions
• Law on the Eradication of Criminal
are often initially for responding to all forms of violence,
Act of Trafficking in Persons: social
based on the ‘type’ abuse, and exploitation of children,
welfare authorities at the central and
of maltreatment the the special protection measures to be
regional levels must provide victims
child has actually afforded to children are often initially
of trafficking, including children,
experienced and based on the ‘type’ of maltreatment the
with social rehabilitation, return
child has actually experienced and dealt
dealt with under the assistance, and social reintegration.
with under the specific law governs that
specific law governs Detailed guidance with respect to
particular form of maltreatment:
that particular form the mechanisms and procedures
of maltreatment. • Law on Child Protection: the special for providing integrated services for
protection to be afforded to specific victims of trafficking is provided under
categories of children is stipulated in the Government Regulation 9/2008
very general terms as follows: on procedures and mechanisms for
the provision of integrated services
- Child victims of criminal offences:
to witnesses and/or victims of
rehabilitation efforts of both an
human trafficking, as well as the
institutional and non-institutional
Standard Operating Procedures for
nature; ensuring that the child’s
the provision of integrated services
identity is not released through
for trafficked victims through
the mass media; providing
integrated service centres (PPTs) at
physical, mental, and social safety
the provincial and district/municipal
guarantees; ensuring access
levels. While these legal instruments
to information regarding the
include some additional procedural
development of legal process
protections for child victims, there is
(Article 64);
no fundamental difference in approach
- Children who have suffered to the care, custody, and reintegration
economic or sexual exploitation: of children that is distinct from that
dissemination of laws and for adults.
regulations; monitoring,
• Law on Domestic Violence: all
reporting, and imposition of
victims of household violence,
sanctions; involvement of various
including children, are entitled
agencies and organisations to
to temporary shelter and police
eradicate exploitation;
protection, health care, counselling,
- Child victims of kidnapping, accompaniment during all legal
sale, and trading: supervision, proceedings, and assistance in
protection, prevention, care relocating to a safe house or
and rehabilitation efforts on the alternative dwelling. An application
part of both government and can also be made for a protection
the community; instruction from the Court to place
- Child victims of violence: conditions on the perpetrator’s
dissemination of laws; monitoring, movements, access to a joint
reporting, and imposition of dwelling, and ability to contact the
sanctions (Article 69); victim. These provisions represent
a progressive approach for dealing
- Child victims of mistreatment and with spousal violence, but are not
neglect: supervision, prevention, adequate to address the care and
care and rehabilitation efforts on protection needs of a child who is
Legal and Policy Framework 17
being mistreated by a parent or other fundamental issues. The Guidelines There is no overall
family member. include a framework model for the care continuum of
of children in need of special protection, prevention and
• Law on Social Welfare: the law does
which outlines the following process: response services
not contain any specific provisions
relating to child welfare services. • Stage 1 and no distinction
However, it does state that any person Eliciting information (reporting) is made between
experiencing social dysfunction voluntary endeavours
• Stage 2
(defined in the Elucidation to include: of families and
Assessment: to be carried out by
victims of violence, trafficked victims, communities and
“child protection officers” through
children who are neglected, and mandatory State
home visits, discussing the complaint
children with special needs) is entitled interventions to
with the child’s parents, and observing
to social rehabilitation services. protect children.
the behaviour of the child and parents,
This may involve “the application of
studying the circumstances of the
persuasive, motivational, or coercive
family, and seeking evidence/proof.
approaches in the family, community
In emergency situations, where the
or social welfare institutions”. Social
accusations are well founded and the
rehabilitation services include:
child is at risk, then a rescue may be
psychosocial motivation and diagnosis;
conducted by the police to remove
treatment and care; vocational
the child from his/her family.
and entrepreneurship training;
mental/spiritual guidance; physical • Stage 3
training; social and psychosocial Deciding what actions are
counselling; accessibility services; appropriate for the child: The
social assistance; re-socialization Guidelines state only that this involves
services; follow-up services; and/or a discussion of the case among the
referral services.21 social worker and authorised officer. It
does not define “authorised officer”.
While these laws provide children with
important legal guarantees to certain • Stage 4
types of services, there is no overall Intervention: involving both
continuum of prevention and response legal and social approaches. The
services and no distinction is made Guidelines state that the choices
between voluntary endeavours of families available include: placing the child
and communities and mandatory State in a shelter, recovery unit, crises
interventions to protect children. The laws centre, or training centre. There are
do not include the designation of a single no non-institutional or family-based
agency responsible for receiving and interventions listed.
assessing all reports of child maltreatment, • Stage 5
or provisions for emergency interventions Termination of Services and
and removal of a child where necessary to Referral: once the emergency/crises
secure his/her safety. stage has passed, services may be
terminated and the child referred
The 2004 Depsos Guidelines for the Care
back to his/her family, foster family, or
of Children in Need of Special Protection
other childcare institution depending
provide some additional clarity with
on the needs of the child. Further
respect to the process for intervention
monitoring is conducted to ensure
planning, but do not fully address these
that the child’s situation has improved.
21
Article 7.
18 Child and Family Welfare Services in Indonesia
YES
Stage III
Taking Decision
Form
CHOICES
Stage V
Termination and Follow-up
• Resocialization Reintegration
• Community
• Other service sources (support)
Legal and Policy Framework 19
The Guidelines provide more detailed other than that the child is under the The defined
guidance than is contained in the Law age of 18, falls within one of the defined processes for
on Child Protection, however lack clarity categories of children in need of special intake, assessment,
as to who is responsible for making protection, and the child and his/her intervention planning,
decisions about appropriate actions and parents sign a service contract with the assistance, and
the administrative or court procedures (if shelter home. evaluation are focused
any) required. Although the statement of on the child victim
principles highlights the importance of These shelter homes, which may be
alone and make
respect for the views of the child, there operated by the government or the
no reference to
is no reference to the involvement of the community, are responsible both for
direct service provision to child victims, family strengthening.
child or his/her parents in the decision-
making process. Similarly, despite as well as overall case management and
reference in the principles section to intervention planning. Decision-making
the importance of family preservation for intervention is handled through an
and remedial efforts targeting the entire inter-agency case conferencing process,
family, the intervention options listed are facilitated by the shelter home’s social
all institution-based and directed primarily worker. In general, the Guidelines outline
at the child. Due in part to the timing of a progressive, child-centred approach to
when the two sets of guidelines were the provision of institution-based shelter
drafted, there does not appear to be any and recovery services for all categories
perceived continuum of interventions or of children in need of special protection.
linkages between services for children in In addition to care for the child, the
need of special protection and the family Guidelines also envision some support
and community-based services designed for the child’s family, stating that the
for neglected children. shelter homes should aim to produce
changes in the behaviour of the child’s
Depsos also issued separate guidelines parents, siblings, and social environment.
in 2004 regarding the Care of Children However, there is no guidance as to
in Shelter Accommodation. The the role of the institution-based staff
Guidelines outline the process for case in bringing about these changes.
management and providing care and The defined processes for intake,
protection to children in need of special assessment, intervention planning,
protection, including child victims of assistance, and evaluation are focused
violence, exploitation, and trafficking, on the child victim alone and make no
through shelter homes (RPSA). They reference to family strengthening. All
envision the creation of both temporary interventions and services listed are
shelters (maximum stay of 30 days), institution-based. The guidelines do not
as well as specialised, longer-term explicitly address measures for preparing
childcare institutions (maximum stay of the child and family for reunification, or
six months), with capacity for between for follow-up support and supervision
30 and 100 children per shelter. The after they leave the centre. However,
Guidelines state that children may be they do require each shelter home to
taken to the shelter home by their family, have a Referral Unit responsible for
or referred by the PPT, the police, NGOs, identifying and preparing the natural
members of the community, or other family or foster family for reunification
childcare institutions. There are no formal and for carrying out monitoring
procedures for decision-making about after termination.
admission and no admission criteria
20 Child and Family Welfare Services in Indonesia
In general, the law The response to children who have is fundamentally the same. There is
governing parental experienced violence and exploitation no provision for distinct protective
separation and out- is also guided by a joint directive issued interventions for children, or a distinct
of-home care for all in 2002 by the Minister of Women’s role for the child welfare authority in
categories of children, Empowerment, Minister of Health, the recovery, reintegration, or decision-
including child victims Minister of Social Affairs, and the Chief making process.
of maltreatment, as of the National Police on integrated
services for women and child victims In general, the law governing parental
well as orphaned,
of violence. The Directive states that separation and out-of-home care for all
abandoned, and
victims of violence shall be provided categories of children, including child
separated children, victims of maltreatment, as well as
integrated services, including medical,
is incomplete. orphaned, abandoned, and separated
psychological, social, and legal services,
as well as temporary safe shelter, children, is incomplete. The Law on Child
through hospital-based Integrated Protection stipulates very broad grounds
Service Centres (PPTs). Responsibility for removing a child from parental
for establishment of the Centres and care, including where the parents, “for
training of staff rests with the Ministry any reason are not able to guarantee
of Women’s Empowerment, while the child’s growth and development,
the role of Depsos is to provide social or the child has been neglected and/
workers for the purpose of responding to or abandoned”;23 “are absent or their
victims’ social problems and to facilitate whereabouts are unknown, or for
shelters and trauma centres for victims. some reason are unable to fulfil their
The focus of the directive is exclusively obligations and responsibilities”;24 or
on medico-legal services coordinated “are unable to guarantee the child’s
by the PPTs, and there are no broader proper physical, mental, spiritual
provisions for interagency coordination and social development”. 25 Out-of-
or referral outside of the PPT structure. home care options under the Law
The Directive was for a limited duration include “fostering” by an institution,
of five years and expired in 2007 without guardianship, and adoption (applicable
being renewed by the parties. only to children under the age of five).
The law itself stipulates no inter-relation
A new Government Regulation 9/2008 or hierarchy between these different
and Standard Operating Procedures alternative care options and there is
(SOPs) have been developed regarding no stated preference for kinship or
the provision of integrated services to other family-based care, or principle of
witnesses and/or victims;22 however institutionalisation as a last resort.
both deal exclusively with victims
of trafficking. The regulations and Alternative care options, at least for
SOPs include detailed procedures neglected, abandoned, and emergency-
for handling cases of trafficking, affected children, have been defined
including identification, medical care, and developed in more detail through
legal assistance, shelter-based social Depsos guidelines. Both the Guidelines
rehabilitation services, and reintegration. on Family and Community-Based Social
However, the focus is mainly on Services for Neglected Children (2008)
crises intervention and medico-legal and the Government Policy on Separated
services provided through the PPTs. Children, Unaccompanied Children, and
While additional procedural protections Single-Parent Children in Emergency
are afforded to child victims, the Situations (2005) place primacy on
approach to both adults and children family-based care and promote kinship
Legal and Policy Framework 21
care or fostering by an alternative family. by childcare institutions. Institutional care There is no designated
In contrast, the Depsos Guidelines on is seen as both a temporary measure, government authority
Provision of Social Services to Children as well as a permanent care option, responsible for making
in Childcare Institutions (2007) state and there are no provisions requiring all decisions about
that the principal approach to the regular review of a child’s placement institutional placements
provision of services to disadvantaged or guiding decision-making regarding or the selection of
or parentless children is the institutional family reunification. Both the Guidelines foster families.
approach. Childcare institutions are also on Provision of Social Services to
promoted as the primary mechanism Children in Childcare Institutions (2007)
for providing recovery and rehabilitation and the Guidelines for the Care of
services to child victims of violence, Children in Shelter Accommodation
abuse, and exploitation under the (2004) emphasise the importance of
Guidelines for Care of Children in Shelter family reunification and improving the
Accommodation (2004). capacity of parents / families to care for
their children, however neither provides
In terms of decision-making about specific guidance on how this can
alternative care, the Law on Child be accomplished.
Protection includes a clear requirement
for a court order to revoke parental
rights, to appoint a legal guardian, and to
*****
approve formal adoptions.26 However, the
law lacks procedural requirements for the
“fostering” of a child by an individual or
institution and an official court revocation
of parental rights does not appear to be
required before a child can be placed in
a childcare institution or foster family.
There is no designated government
authority responsible for making all
decisions about institutional placements
or the selection of foster families; the
Guidelines for the Provision of Non-
Institutional Social Services to Neglected/
Abandoned Children (2004) give broad
powers for childcare institutions and
community organisations to arrange
foster placements and the Guidelines on
Provision of Social Services to Children
in Childcare Institutions (2007) allow for
the active recruitment of children directly
22
Ministerial Decree No. 1/2009 of the Minister for Women’s Empowerment.
23
Article 7(2).
24
Article 26(2).
25
Article 37.
26
Law 23/2002 on Child Protection, Articles 31 and 33; Regulation 54/ 2007 on Adoption.
22 Child and Family Welfare Services in Indonesia
binding, comprehensive government - Requirement that all decisions The new law and/
regulations could be introduced under regarding compulsory protective or regulations
the existing Law on Child Protection to services, the separation of a child should include Clear
provide greater clarity with respect to from his/her family, and out-of-home
designation of the
prevention and response services. While care are made by a designated
regulations under the new Law on Social government authority, through a mandate, authority,
Welfare address the delivery of general structured administrative or court and accountability
social welfare services, more detailed process, and guided by an assessment of the child
provisions are required to recognise and recommendations from the social welfare authority.
the unique characteristics of welfare welfare authority;
services for children. The new law and/or
- Compulsory registration, accreditation,
regulations should include:
monitoring, and inspection of all
- Clear designation of the mandate, government and non-government
authority, and accountability of the child service providers.
welfare authority (Depsos and Dinas
2) Standards of Service: binding ministerial
Sosial) as the key agency responsible
regulations should be developed outlining
for establishing structured child
measurable standards and quality of care
and family welfare services and for
in relation to child and family welfare
managing protective and rehabilitative
services, particularly family support
interventions for all child victims;
services, kinship care, foster care, and
- A continuum of interventions and institutional care.
services (prevention, early intervention,
3) Inter-Agency Protocol: develop an inter-
and tertiary) to prevent and respond to
agency protocol for coordination between
all forms of child maltreatment, with
child welfare authorities, police, health
a focus on family strengthening and
care officials, and other service providers,
family preservation. This should include
relating specifically to the handling of all
compulsory measures to protect
cases of violence, abuse, and exploitation
children who have experienced or are
of children. These protocols should define
at risk of serious harm;
roles and responsibilities, information
- The process and procedures for sharing, and process and procedures for
identification and early intervention to referral, including a central role for the
support vulnerable or at-risk children child welfare authority in making decisions
and their families; regarding protective interventions (as
distinct from legal/criminal procedures
- The process and procedures to identify
against the perpetrator). While the
and report all suspected cases of
concept of the Integrated Service Centre
violence, abuse, exploitation, and
should be included in the Protocol,
neglect of children, including clear
inter-agency coordination should not
definitions of the various forms of
be centred around, or dependent on, a
abuse and the standard for State
physical location.
intervention, mandatory reporting
requirements, and designation of 4) “Model” provincial law: Develop a
emergency powers of intervention “model” provincial child protection
to the government social welfare law to provide guidance to regional
authority; governments in the drafting of
comprehensive child protection
- The standards, criteria, authority, and
legislation and promote further legislative
procedures for making decisions about
development at the sub-national level.
which interventions are appropriate in
individual cases, including the standard
for when compulsory protective
services may be used;
© UNICEF Indonesia / 2009 / Djuhari
03
structures
In order to fulfil its obligations under
the CRC to support parents in their
child-rearing responsibilities, to protect
children from all forms of maltreatment,
and to provide care for children whose
families fail in their responsibilities to
protect children, the State must have an
effective social welfare system in place.
26 Child and Family Welfare Services in Indonesia
In Indonesia, there is An effective social welfare system inter-agency child rights committees,
no single, designated requires a well-resourced, logically police, health care officials, NGOs, and
authority responsible organized, and adequately coordinated community members have an important
for coordination and child welfare authority with a clear role to play as part of the overall service
implementation of mandate to manage all services to delivery paradigm, responsibility for
services to prevent and prevent and respond to violence, abuse, management of the system, and for
respond to violence, and exploitation of children. This should making decisions in individual cases,
abuse, and exploitation include clear structures, processes, should rest with the government social
authority, and accountability for welfare authority. To ensure the effective
of children.
management and delivery of child and functioning of the system, the State
family welfare services from the national also requires structures for research,
level down through the provincial, data collection and analysis, and
district, and sub-district levels. While independent monitoring.27
3.1 Designated Child Protection rights. The Ministry has played a central
Authority role in developing policies relating to
child protection, including the national
In Indonesia, there is no single, plans of action on trafficking, CSEC,
designated authority responsible for and violence against children, the
coordination and implementation of inter-agency directive on integrated
services to prevent and respond to services for victims of violence, the
violence, abuse, and exploitation of Domestic Violence Law, the Law on
children. Responsibility is divided Trafficking, and the Law on Pornography.
between the Ministry of Women’s It is the lead agency responsible for
Empowerment and the Ministry of coordinating the National Plans of Action
Social Affairs, with the core functions on CSEC, Trafficking, and Violence
of the child protection authority being against Children. The Ministry is also
exercised by a variety of agencies and responsible for partially funding and
coordinating bodies. supervising integrated service centres
(PPTs) for women and child victims of
a) National Level violence, which are governed by a new
Government Regulation 9/2008 and
Under the Ministry of Women’s
Standard Operating Procedures (SOPs).28
Empowerment, a separate Directorate
With the support of UNICEF, it is also
on Child Protection has been established
developing a database on violence,
with responsibility for coordinating
abuse, and exploitation of children,
protection of children’s rights. As a
which will be piloted in four provinces.
coordinating ministry, the Ministry of
Women’s Empowerment does not have Under the Minister of Social Affairs,
any direct responsibility or structures the Department of Social Affairs
for service delivery. The function of the (Depsos) has an overall mandate to
child protection directorate is to facilitate carry out the central government’s
policy development and coordinate responsibilities in the area of social
implementation of policy in the areas of welfare, empowerment, social security,
health, education, social welfare, child and social rehabilitation. Through
development, and child participation, as the process of decentralisation, the
well as overall monitoring and evaluation central-level authority now has a limited
of the implementation of children’s role in service delivery, with its main
Structures 27
responsibilities being: policy formulation; the responsibility of the Sub-Directorate However, the rights-
establishing minimum standards of for Neglected Children.30 Table 1 based approach is a
services, registration and accreditation presents a selective organogram new concept for the
of social welfare services; promoting of Depsos, highlighting only the key Directorate and will
inter-agency collaboration; administering directorates responsible for child and reportedly take some
outreach, assistance and social welfare family welfare services, for the purpose time, particularly since
support as necessary; and controlling of demonstrating where child protection most staff members
resource mobilisation and distribution.29 fits within the overall structure. have been entrenched
Depsos is headed by a Secretariat The Directorate for Social Services in a residential
General, and has three main for Children is comprised of 55 staff care mindset.
Directorate Generals: the Directorate members, including the Director and
General of Social Empowerment; 25 professional social workers. It is
the Directorate General of Social currently in the process of developing
Services and Rehabilitation; and the a new Child Protection Strategy, which
Directorate General of Social Security aims to promote a more rights-based
and Assistance. Child Protection falls (rather than needs-based) approach to
under the Directorate General of Social child protection and to shift from an
Services and Rehabilitation, which has a institutional care paradigm to one more
separate Directorate for Social Services focused on the responsibility of families
for Children. The Directorate is divided in the fulfilment of children’s rights.
into five sub-directorates: The Directorate’s new vision centres
on increasing children’s access to social
1) institutions, child protection, and
services through the development of
advocacy for children;
the capacity of families, communities,
2) social services for children under five and the government. It is acknowledged
years of age and adoption; that this will require a restructuring of
3) social services for neglected children; their programmes based on a family
and community-based care model, as
4) social services and rehabilitation for well as enhancing services in terms of
disabled children; and quality, sustainability, and accessibility.
5) social services and rehabilitation for However, the rights-based approach
delinquent children. is a new concept for the Directorate
and will reportedly take some time,
Responsibility for prevention of and particularly since most staff members
response to all forms of violence have been entrenched in a residential
and exploitation against children falls care mindset. To date, the main focus of
under the responsibility of the Sub- the Directorate has been on “neglected”
directorate for Institutions, Protection children, which is defined broadly to
and Social Advocacy, while street include orphans, single-parent children,
children and alternative care are under children from disadvantaged families
27
UNICEF East Asia and the Pacific, “Technical Guide: Social Welfare Systems,” Child Protection Program
Strategy Toolkit, 2009.
28
Ministerial Decree No. 1/2009 of the Minister for Women’s Empowerment.
29
Law 11/2009 on Social Welfare; Ministerial Regulation Number: 82/HUK/ 2005 on the Organization and Work
Order of the Ministry of Social Affairs.
30
Ministerial Regulation Number: 82/HUK/ 2005 on the Organization and Work Order of the Ministry of
Social Affairs.
28 Child and Family Welfare Services in Indonesia
Depsos’ overall (economic and social), and children who difficulties (PSPA); and 4) TESA 129,
mandate with respect are out of school. The Sub-Directorate a telephone hotline. In 2009, its total
to management of for Neglected Children receives almost budget allocation was IDR 4 billion.
services for child one-third of the Directorate’s total
budget (IDR 8 billion of a total of IDR In addition, the Director General for
victims of violence,
27 billion for 2009), much of which Social Services and Rehabilitation
abuse, neglect, and
is used to fund childcare institutions. recently established a Rapid Reaction
exploitation is limited.
The provinces also receive significant Unit (TRC) to respond to emergency
additional central government subsidies cases of violence, abuse, trafficking,
and deconcentration funds for the and exploitation of children, women, the
operation of childcare institutions, elderly, and people with disabilities. The
which has reportedly contributed to TRC is designed to rescue children in
increased reliance on institutionalisation need of special protection and manage
of children.31 their cases. To date, approximately 32
staff, including approximately 20 from
The Sub-Directorate for Institutions, Depsos-managed childcare institutions,
Protection, and Social Advocacy for have been trained, and the TRC has
Children has six staff members, including been piloted in East and Central Java.
the head and three other staff members, However, problems have reportedly
who have received training in social work arisen due to the TRC’s lack of official
through the STKS. The main mandate status or licence to carry out rescues,
of the Sub-Directorate is to coordinate the absence of standard operating
policy development and provide procedures for team members, and the
guidance with respect to child protection lack of understanding about the program
programming. Its key responsibilities among the police and provincial Dinas
include: policy formulation; setting Sosial staff.
standards, norms, and criteria; providing
technical guidance; and monitoring and Apart from these initiatives, Depsos’
evaluating institutions, protection, and overall mandate with respect to
social advocacy for children.32 While management of services for child
the Sub-Directorate does not have a victims of violence, abuse, neglect,
direct service delivery mandate, it does and exploitation is limited, and as a
promote and fund various programmes result of the decentralisation process,
for children, and the central government it now has minimal influence over the
can assign regional governments implementation of child protection
to undertake certain tasks using mechanisms in the provinces. Although
deconcentration funds. Depsos also Depsos is responsible for monitoring
runs “Technical Implementation Units”, implementation of guidelines, standards,
childcare institutions through which it and programmes relating to child
pilots direct service provision models. welfare, it does not have the human
The Sub-Directorate for Child Protection resources, structures, or capacity
is currently managing four programmes: necessary to effectively monitor and
1) development and support to local child supervise child and family welfare
protection bodies (LPAs); 2) operation service delivery at the sub-national
of 14 shelter homes for child victims level. There are no direct reporting,
of violence and exploitation (Rumah accountability, or information-sharing
Perlindungan Sosial Anak, or RPSAs); linkages between Depsos and
3) operation of childcare institutions for provincial-level Dinas Sosial, other than
children with behavioural or educational reporting (mainly financial) in relation
to centrally-funded programmes. Due
Structures 29
to budget cuts, it is no longer possible for women-headed households, single Linkages and
for the Directorate to make more than mothers, and women living in poverty. coordination
one or two annual visits to provincial However, in partnership with the PKK, between the
offices to help plan programmes and the club meetings are also used as Directorate for Social
monitor progress. opportunities to discuss social issues, Services for Children
including child protection. The Sub- and other Depsos
Linkages and coordination between Directorate is currently in discussion directorates and
the Directorate for Social Services for with the Children’s Directorate regarding
Children and other Depsos directorates sub-directorates with
the development of a parenting skills
and sub-directorates with responsibilities responsibilities related
program, but there has otherwise been
related to family welfare services to family welfare
limited coordination between support for
are also reportedly quite weak. Prior services are also
single mothers and support for children.
to 2002, social services for families reportedly quite weak.
and children were managed under Similarly, the Sub-Directorate for
the same Directorate General, but Consultancy, Social Advocacy is
Family Empowerment now falls under supporting the establishment of district-
the Directorate General for Social level Social Welfare Consultation Centres
Empowerment. This has reportedly (LK3), which are currently functioning in
made coordinated policy and program 69 districts with direct financial support
development more difficult. The two from Depsos. The LK3 are staffed by
directorates are currently designing a a professional social worker funded
joint program for street children in the by Depsos and provide counselling,
Jakarta area, which will include family guidance, information, and referrals to
tracing, assessment of the child’s needs, families with social problems. They deal
and economic support to the family primarily with issues such as divorce and
through the Family Empowerment family problems. Based on the limited
budget. However, there have reportedly reports that were available for review,
been challenges to effective coordination the LK3 regularly provide advice and
and information-sharing between the referrals to the parents of vulnerable
two Directorates. and at-risk children, and more often
than not recommend placement of the
While the Family Empowerment child in a childcare institution. The LK3
Directorate is primarily focused on social workers have not received any
economic empowerment, it has also specific guidance or training on how to
been promoting the development handle children’s cases, and there has
of service delivery structures and reportedly been limited collaboration
programmes that could contribute to with the Directorate for Social Services
a more family-centred approach to for Children.
child protection services. For example,
the Women’s Empowerment Sub-
Directorate promotes the establishment
of various women’s clubs and self-help
groups (LPP) at the district and sub-
district level. The main focus of the
clubs is on economic empowerment
31
Depsos, Save the Children and UNICEF, Someone that Matters: Quality of Care in Childcare Institutions in
Indonesia, 2007.
32
Ministerial Regulation 82/HUK/ 2005.
30 Child and Family Welfare Services in Indonesia
Sub-directorate for
under 5s and Adoption
Sub- Community
directorate Based Social
for Consulting Welfare
and Social Vehicle Sub-
Sub-directorate, Social
Advocacy directorate
Services for Neglected
Children
Sub- Community
directorate Social
for Women’s Worker Sub- Sub-Directorate Social
Empowerment directorate Service and Rehab for
Deliquents
Four
other sub-
directorates Sub-directorate Social
Services and Rehab for
Disabled Children
Sub-Directorate
Institutions, Protection,
Social Advocacy for
Children
Structures 31
Depsos
Secretariat General
Social Welfare
4 other Directorates Research and
Development Centre
Social Resilience
Development Centre
protect children, this has not been victims of violence. Through this role, The PPTs/PKTs are
fully translated into a concrete role they are generally perceived as having the main mechanism
in: coordinating the provincial child responsibility for coordinating services for providing
protection strategy; developing child for individual victims of violence, abuse, protection and support
protection policy or guidance; acting and exploitation, particularly in Aceh, to child victims of
as the central agency for service where they often facilitate the case violence, abuse,
delivery, including case management; conferencing process. and exploitation.
or setting province-wide operational
procedures for Dinas Sosial offices The integrated services centres are
or inter-agency collaboration. In all generally located in police hospitals
three provinces involved in this study, (PPT), though some are also located
provincial-level offices had limited human in public hospitals (PKT). There are
resources, structures, and accountability currently 38 PPTs in police hospitals and
mechanisms required to manage or 20 PKTs in public hospitals throughout
supervise the prevention and response the country. with varied geographic
services provided by district-level social distribution dependent on provincial
welfare authorities, or by other agencies budget allocations and priorities. NTT,
or community-based organisations. In for example, has only two PPT/PKTs,
all provinces, Dinas Sosial is generally Aceh has one in the provincial police
perceived to play a peripheral role in hospital and four in district hospitals,
handling child abuse cases, limited to the while East Java has 28 district-level
provision of material support to families PPTs. The PPTs/PKTs are the main
and children, or arranging institutional care. mechanism for providing protection and
support to child victims of violence,
In addition to Dinas Sosial, each abuse, and exploitation. They provide
province has an Office/Bureau of medical treatment, legal advice,
Women’s Empowerment, which also temporary shelter, and counselling for
has a mandate with respect to the child and adult victims of violence and
protection of children’s rights. However, exploitation. They also perform a referral
this mandate is relatively new and is function and, at least in Aceh, East
generally undefined with regard to its Java and NTT, maintain a network of
protection role. As an Office, rather government and NGO service providers.
than an implementing agency, the role Through this network, the PPTs have
of Women’s Empowerment is primarily some capacity for referral and follow-up;
coordination and it does not have staff or however, as a hospital-based service
structures to support service delivery or they do not have community-based
programme implementation. However, structures or linkages, nor a community
in line with national-level initiatives, outreach function.
provincial Women’s Empowerment
Offices are responsible for funding and At the district level, each governor’s
supervising integrated service centres office generally has a Social Division
(PPTs/PKTs) for women and child with responsibility for delivery of social
33
Depsos, Save the Children and UNICEF, Someone that Matters: Quality of Care in Childcare Institutions in
Indonesia, 2007.
34
Depsos Guidelines for the Provision of Services to Neglected Children Outside of Institutional Care, 2004;
Depsos Guidelines for Family and Community-Based Social Services for Neglected Children, 2008; and
Depsos Guidelines for the Care of Children in Need of Special Protection, 2004.
35
Depsos, Save the Children and UNICEF, Someone that Matters: Quality of Care in Indonesian Childcare
Institutions in Indonesia, 2007.
34 Child and Family Welfare Services in Indonesia
In many provinces, welfare services, as well as addressing currently active varies from province
there is a growing other social and community issues. As a to province. Nevertheless, the role
recognition of the result of the process of decentralisation, of NGOs, community groups and
need to address district-level authorities have a high volunteers remains quite strong, albeit
the gap in child and degree of independence from the unstructured, in all provinces visited.
family welfare service province and lines of authority and
accountability can be unclear between In many provinces, there is a growing
structures at the recognition of the need to address the
district and sub-district the provincial-level Dinas Sosial staff
and district-level social affairs officials. gap in child and family welfare service
level. structures at the district and sub-district
District staff members are recruited and
appointed by and directly responsible level. Several innovative initiatives are
to the district authorities. There are no being implemented at the national and
monitoring or supervisory links to the sub-national levels, including the LK3
provincial Dinas Sosial office and no initiative of Depsos and the P2TP2A
reporting requirements or information domestic violence referral centres
sharing, unless district officers are operated by Women’s Empowerment.
tasked to distribute a specific social In East Java, there is currently a move
welfare benefits programme funded by to re-establish the PSM, funded through
Dinas Sosial. Some districts reportedly the provincial planning department.
have an officer responsible specifically Beginning in 2009, the local government
for child welfare issues, though this will provide salaries and incentives
is not common, and the office often through Dinas Sosial for 45 PSM for
has other responsibilities as well. a period of two years. UNICEF will
In all provinces, respondents were contribute by providing trainings to
generally of the view that the capacity build the capacity of these new PSM.
of district-level social affairs staff was Similarly, discussions are ongoing
generally quite low and most do not within NTT as to how to reintroduce the
have any qualifications or training in TKSM into the welfare system. A Dinas
social work. Their function appears to be Sosial joint programme, also supported
largely administrative, focused on data by UNICEF, is underway to recruit and
collection and monitoring of programme train TKSM.
implementation and spending. In Aceh, the Dinas Sosial has introduced
In most provinces, social welfare service two linked programmes to strengthen
structures generally do not extend social welfare service delivery structures
below the district level. Some sub- at the sub-district level. Starting in
district administration offices reportedly 2006, the province has embarked on
have an officer responsible for social a process of recruiting, training, and
affairs, however their main task is the appointing paraprofessional community
distribution of social welfare benefits social workers (TKSK) at the sub-district
and they are generally administrators, level. TKSK are mainly responsible
rather than social workers. Prior to for collecting data on the situation
decentralisation, most provinces had of families and children in need of
a relatively structured network of support, providing direct support to
trained, volunteer community social people with social problems, giving
workers (PSM or TKSM) responsible for advice regarding available Dinas Sosial
identifying and supporting vulnerable services, and monitoring the distribution
families and children. However, of social welfare benefits. Dinas Sosial
the degree to which the PSM are is also in the process of piloting Social
Welfare Service Centres (Puspelkessos)
Structures 35
at the sub-district level. The aim of their founding NGO, they will be under While data collection
the Puspelkessos programme is to the general supervision of Dinas Sosial. has been improved
improve social welfare service delivery The provincial government is providing through the creation
at the sub-district level by building on funding to support the salary of one of direct links between
and expanding the functions of the TKSK and one NGO social worker for Depsos and the
many Children’s Centres that were each Puspelkessos. While the pilot is district-level social
established in the aftermath of the currently quite new, it is anticipated welfare authorities, it
tsunami. The Puspelkessos are being that in the future all social welfare is acknowledged that
designed as a joint government/NGO programmes from Dinas Sosial’s
the figures presented
initiative; while they will continue to different departments will eventually be
do not accurately
be directly managed and operated by delivered through the Puspelkessos.
reflect the numbers
of reported cases.
At the sub-national with respect to child rights and child Protection, has been in operation
level, many provinces protection. It is currently coordinating an since 2004. KPAI’s main mandate is to
and district have inter-ministerial Family Hope programme, conduct socialisation of all laws and
established Lembaga a conditional cash transfer program regulations, collect data and information,
Perlindungan Anak linking education, health and social receive community complaints, and
(LPA) to coordinate welfare assistance for children who have conduct studies, monitoring, evaluation,
programmes and dropped out of school. and supervision with respect to the
services for children. protection of children’s rights. Under
At the sub-national level, many provinces its new Codes of Conduct 2007-2010,
and district have established Lembaga the KPAI is in the process of shifting its
Perlindungan Anak (LPA) to coordinate previous structure based on functional
programmes and services for children. Working Groups to the following five
These child protection bodies, many of thematic clusters: civil rights; health
which were initially established with and basic welfare; family and alternative
the support of UNICEF, are generally care; education and culture; and special
responsible for increasing awareness protection. One Commission will have
on child rights and child protection the responsibility for leading each
issues, advocating for improved child cluster. Five main issues have been
protection legislation, monitoring identified for the special protection
the implementation of child rights, cluster: pornography, violence against
representing the interests of children children, trafficking, children in conflict
in conflict with the law, and working with the law, and children in emergency
to develop a referral system for child situations, with one Commissioner
victims. While their structure and assigned to each issue. Activities
membership carries from location undertaken by the special protection
to location, they generally include cluster mainly involve socialisation and
representatives from key government awareness-raising through information
and non-government agencies, as well campaigns, workshops, and seminars,
as organisations working in the field of as well as some supervision of child
child rights. protection services provided. The
In addition to these child protection Commission also handles complaints
bodies, Indonesia’s national plans of related to children’s rights, primarily
action related to specific child protection addressing individual complaints about
issues also call for the creation of child custody, violence, and access to
inter-agency coordination committees, education, rather than more systematic
task forces, or working groups at both issues. Complaints relating to violence
the national and sub-national level. against children are generally handled by
Inter-agency committees have been referral to other organisations such as
established for trafficking in persons, the police, PPT, Depsos, or the RPSA.
commercial sexual exploitation of This is currently being done on an
children, and child labour. informal basis, as there are no formal
procedures for receiving, screening,
assessing, and referring individual
c) Independent Monitoring complaints.
Indonesia has also created an The KPAI undertakes some monitoring
independent monitoring and oversight and supervision, generally in the form
body for children’s rights. The Komisi of field visits in response to complaints
Perlindungan Anak Indonesia (KPAI), or emerging issues. However, a
or Indonesian Commission for Child
Structures 37
recent needs assessment found that UNICEF prior to the introduction of the The Decree
the KPAI currently lacks the staff, KPAI. Komnas Anak is a civil society guarantees the
systems, and structures necessary to organisation, but similar to KPAI also independence of
effectively carry out its core mandate performs a monitoring, advocacy, and each KPAID and
as a watchdog or oversight body, and awareness function. Komnas Anak states that the
that its independence is to some conducts advocacy and awareness with relationship with
extent compromised by the fact respect to child protection and child
the KPAI is not
that its secretariat and budget are rights issues, operates a telephone
hierarchical, but rather
controlled by the Ministry of Women’s hotline that children can call to discuss
based on coordination
Empowerment. An additional significant their problems, and monitors child
gap is the lack of a KPAI regional protection issues by collecting data from and consultation.
presence. Although Presidential Decree various sources of information, including
77/2003 gave the KPAI authority to the LPAs, police, PPTs, and the media.
establish representatives in the regions, It also deals with individual complaints
instructions subsequently issued by regarding child rights, mainly related to
the KPAI stated that the establishment divorce, child custody, and high-profile
of regional bodies (KPAID) was not cases of exploitation. As a civil society
compulsory but should respond to organisation, Komnas Anak has strong
the needs of the particular region. The linkages with NGOs at the national and
instructions also noted that the KPAID sub-national level.
would not necessarily represent the
KPAI at the regional level. The Decree
guarantees the independence of each
KPAID and states that the relationship
with the KPAI is not hierarchical,
but rather based on coordination
and consultation. As a result, while
some provinces, such as Aceh, have
established a KPAI, others have decided
that the existing provincial LPAs were
sufficient to perform this independent
monitoring function. Information sharing
and coordination between the KPAID and
the KPAI/LPAs is reportedly quite weak.
The current Commissioners are in the
process of addressing this issue and are
developing new instructions regarding
the functioning of the KPAID and their
relationship to the KPAI.
36
KPAI Needs Assessment, 2009.
37
KPAI Decree No 2/2004: Guidelines for the Formation of KPAID.
38 Child and Family Welfare Services in Indonesia
developed at the national level and - Clarification of the roles of the KPAI, Through research of
then piloted in one or more provinces. KPAID and LPA as rights-promotion international models
Through research of international models and independent monitoring bodies and consultation with
and consultation with stakeholders, and what structures and mechanisms
stakeholders, this
this vision should outline how child and are necessary to effectively carry out
family welfare services can be effectively these responsibilities. This will require vision should outline
managed and delivered from the greater independence and/or security how child and family
provincial, district, sub-district, and village with respect to budgetary allocations, welfare services
level. The proposed vision would ideally as well as mechanisms for monitoring, can be effectively
address the following issues: data collection, and dealing with managed and
systemic complaints, rather than the
- Clearer designation of the mandate, delivered from the
current focus on handling individual
authority and accountability of the provincial, district,
cases of violence, abuse, and
child welfare authority as the lead sub-district, and
exploitation of children.
agency responsible for establishing
village level.
structured child and family welfare 2) Restructuring of Depsos/Dinsos:
services and for receiving reports and Currently, at both the national and
managing protective and rehabilitative provincial levels, the organisational
interventions for all child victims. structure and assignment of staff
responsibilities within the directorates
- Outline of the structure for managing
responsible for child welfare are
and implementing child and family
organised according to various categories
welfare service delivery from the
of children in need of protection (e.g.
provincial, district, sub-district, and
neglected children, disabled children).
village level, including clear roles,
This is not conducive to a more holistic
responsibilities, and processes for
approach to child welfare services
decision-making by government social
based on the delivery of a continuum
welfare authorities at each level. The
of prevention and response services
role that the PPT, PPA, NGOs, and
with flexibility to respond to the
other service providers play within
individual needs of all children in need of
the overall service delivery paradigm
protection. It is recommended that, as
should also be clearly articulated, with
part of the process of systems reform,
a regulatory and oversight role for
consideration be given to restructuring
Dinas Sosial.
departmental divisions and staff areas of
- Clarification of the role of the Ministry responsibility.
of Women’s Empowerment Bureau, as
3) Piloting the new Child and Family Welfare
well as identification of the structures
System: It is recommended that this
and mechanisms it requires to carry
new proposed child and family welfare
out its mandate to promote children’s
services system then be piloted in one or
rights and coordinate programmes
more provinces, focusing on those, such
and consistent policy development
as Aceh and NTT, where the process
related to children’s issues. While the
of social welfare systems reform has
Ministry of Women’s Empowerment
already begun. Lessons learned from
should continue to play an important
these pilot locations can then be used
role in promoting children’s rights
by Depsos to modify and promote the
and coordinating policy development
expansion of the new approach in other
relating to children, responsibility for
provinces, as well as to inform national-
child and family welfare services,
level legal and policy development.
including the handling of individual
cases of violence, abuse, and
exploitation of children, should rest
with the lead social welfare authority.
04
capacities
A child and family welfare system
is a series of inter-linking processes
and services, each requiring its own
set of skills and competencies.
As the approach to planning and
implementation of services becomes
increasingly systems-based, it is
important that staff across government
departments and non-governmental
agencies have clearly defined roles and
responsibilities within that system, as
well as the necessary capacity to carry
out their functions.
The new Law In Indonesia, there has traditionally duty to protect. Social workers must
11/2009 on Social been a reliance on NGOs and CBOs therefore have a clear description of their
to provide many of the local level role and, most importantly, the practical
Welfare seeks to
services, often supported by financial skills to undertake it.
strengthen the
or material resources from government
professional status A child and family welfare system will be
agencies. However, as the role of the
and qualifications State develops and services expand, the comprised of numerous professionals
of social workers by sector will necessarily become more from different disciplines and sectors,
drawing a distinction professionalised. Across Indonesia, there including medical, psychological and
between professional are currently, for example, specialist law enforcement personnel. There will
social workers and doctors trained to identify non-accidental also be a need to incorporate parasocial
volunteers. injury and police trained in child-friendly workers based in NGOs and CBOs to
investigation techniques to ensure support the implementation of many of
prosecution of perpetrators. There the services, especially for prevention
have also been a significant number of work. These may not be professional
trainings on aspects of, or issues relating social workers but they must understand
to, child protection. The proliferation their role, powers, and duties within the
of capacity building programmes is system. They must also be trained in the
welcomed; however, these trainings do specific skills required to fulfil that role.
not address the underlying challenge It is beyond the scope of this study to
of creating a strong, specialised, and analyse the institution of social work in
recognised social work profession. a comprehensive way. Rather, the aim
Professional social workers, imbued of this section is to provide information
with specialist skills to identify and about the overall roles and functions
respond (according to policy, procedure, of ‘social workers’ and those involved
and care standards) to child protection in welfare and protection provision
concerns are an essential component of for children and families. With this
a child and family welfare system. They basic information, it is possible to
require both the professional mandate assess whether the existing capacity
and requisite powers to make important is appropriate for the management and
decisions in a child’s life. This authority, provision of services.
of course, must be accompanied by a
a “volunteer worker” is defined as a national and sub-national level, there The role of the
person who undertakes endeavours is considerable reliance on NGOs and social workers
in the social welfare field external to the community at large for the delivery was designed to
a State social welfare organization, of basic welfare services. While a full be generic and
without expectation of reward. It states analysis of financial resources for child administrative rather
that human resources in the social and family welfare services was beyond than a functional,
welfare field should consist of social the scope of this study, respondents implementing role.
welfare workers, professional social were generally of the view that They are therefore
workers, voluntary social workers, and government budgetary allocations for
generally not in direct
social outreach workers. A social welfare child welfare services were insufficient.
contact with families
worker, professional social worker, or At both the national and sub-national
and children.
social outreach worker is required, at level, funding for child welfare tends to
minimum, to have education, training be directed mainly at financial subsidies
and skills, or experience in provision of for defined categories of children in need
social services. While the law itself does of special protection, largely “neglected”
not draw any distinctions in terms of the children, and for the operation of
roles and responsibilities of professional childcare institutions. The current funding
social workers and volunteers, this bias towards both government and
does allow for the development of non-government childcare institutions
more detailed regulations and guidance has reportedly contributed to excessive
regarding the specific mandate and reliance on institutional care, to the
authority of professional social workers. detriment of more community-based
child welfare services.38 Community-
At the present time, the perception of based child and family welfare services
social work as a voluntary or community tend to be under-funded, or, as in Aceh,
endeavour is also reflected in the funded from programme specific rather
provision of resources to child and than recurring budgets.
family welfare services. At both the
38
DEPSOS, Save the Children and UNICEF. Someone that matters ; Quality of care in Childcare Institution in
Indonesia, 2007
44 Child and Family Welfare Services in Indonesia
Indonesia currently to be generic and administrative rather employ professional social workers, the
has 32 universities than a functional, implementing role. majority of district social affairs officers
offering undergraduate They are therefore generally not in direct do not have social work expertise
and graduate studies contact with families and children. and that social work qualifications
in social work. were generally not a requirement for
In most provinces, the majority of social appointment to the position. Most
workers employed by Dinas Sosial on district-level officers are engaged in
the ground are working in the various administrative functions relating to
government childcare institutions. Many data collection and welfare benefits
respondents stated that these front-line distribution, rather than functional social
staff are considered to be ‘real’ social welfare delivery. Frequent staff turnover
workers because they have a functional and rotation has reportedly hampered
role that brings them into direct contact efforts at capacity building.
with children. During an interview with
seven district childcare institution staff, At the sub-district level, there is
all of whom with over five years of limited capacity for professional social
direct service provision, it was stated work, with social welfare services
that their responsibilities included the being delivered either by NGOs,
protection of children from abuse, CBOs, or trained volunteers such
violence, and exploitation. In reality, four as the PSM. Some provinces, most
staff had never received any type of notably Aceh, have recently invested
specialised child protection training and significant resources in the training and
the majority were not familiar with their appointment of paid, paraprofessional
responsibilities as specified under the community social workers (TKSK).
Law on Child Protection and were unclear While this is a promising start, it must
as to what action to take should a case of be recognised that with large numbers
child abuse be disclosed to them. of villages per sub-district, the impact
of a sub-district level social worker will
At the district level, government have severe limitations. Compounding
social affairs officers reportedly this fact, training for volunteers and
have significantly lower capacity and paraprofessionals tends to be quite
expertise. In all three provinces visited, general and theoretical and, to date,
limited information was available through limited practical skills-based training
Dinas Sosial regarding the numbers of programmes and tools have been
district-level staff or their qualifications. developed to guide these community
However, respondents were generally in workers in the identification and handling
agreement that while some districts do of cases of child maltreatment.
of child welfare and protection tend to This STKS undergraduate course does a continuing problem
be incorporated into broader courses not yet enable students to specialize is that students may
on social and family welfare. Child in distinct fields of social work and be considered as an
protection issues are not specifically remains generic. However, the two- extra hand, rather than
addressed by any of the participating year Masters program has a number of as a learner per se.
universities; however the University available specializations that students
of Indonesia will be introducing a can opt for such as: HIV/Aids; poverty;
specialised course on child protection disaster management; drug misuse; and
from 2010. Social workers are trained children’s issues.
to work with families in crisis and to
provide services for them; however b) Practicum
there is currently limited training on
practical skills such as case management Students from both the university social
of abuse and exploitation cases. work programmes and the STKS are
required to undertake three practicums
In addition to these university-based during their studies. These tend to
programmes, Depsos has also be quite diverse in nature and aim to
supported a special social work degree develop a range of skills. To this end,
program at its STKS in Bandung. These the first practicum is undertaken in
undergraduate and masters programmes a community dealing with individual
are designed to increase the academic families, the second in a government
level and practical skills of Depsos institution, and the third in a different
and Dinas Sosial staff. Every year, community. This third placement
approximately 150 staff members, both generally focuses on a research project,
already serving and newly recruited, generally reviewing and analysing a
from around the country are selected particular national or local policy that
to participate in this three-year course. affects the community, rather than
Each province has a quota of staff that working directly with members of
can be selected. The degree course has the community. Through these three
two key areas of focus: practicum experiences, social work
1. Social Rehabilitation: this course students are provided an opportunity
equips social workers with the skills to apply their learning and practice
to work directly with beneficiaries their skills. However, a continuing
of all kinds – including the elderly, problem is that students may be
disabled people, and children. Some considered as an extra hand, rather
of the core competencies learned than as a learner per se. While some
include: individual assessment, care students do benefit from supervision
planning, management of behavioural by a senior professional social worker,
change, and case management. many are supervised on placement
by a lecturer based on campus, or
2. Community Development: this
alternatively by an administrator at the
course develops the skills of social
placement. However, having spoken
workers to interact with communities,
to both lecturers and students, it does
to understand and analyse their
seem that the practicum are well
problems, review the impact of local
structured with clear objectives and
policy on populations, as well as
considerable oversight by the faculty
conduct participatory community
staff themselves, including observation
planning and project evaluation.
in the field. There are a number of peer-
led processes and assessments and
46 Child and Family Welfare Services in Indonesia
There are reportedly students are given the opportunity to child development and welfare; social
no formal processes have their work reviewed and assessed work approaches; casework; community
for mentoring or by both the local communities in which development; and social advocacy.
supervision of they have been working, as well as by The course also prepares students by
students once they their peers through interactive forums. organizing supervised field visits to
have left the faculty observe good models of practice.
and whether or not c) Post-qualification supervision and The Education and Training Centre has an
the graduate receives in-service training evaluation system whereby trainees are
further in-service evaluated after one year of post-training
There are reportedly no formal
supervision depends practice, with specific budget allocation
processes for mentoring or supervision
upon the institution for this process. The main purpose of
of students once they have left the
in which they faculty and whether or not the graduate this evaluation is to review whether
are employed. receives further in-service supervision there is change in skills application and
depends upon the institution in which attitude. Evaluation results are also used
they are employed. Many institutions do to inform training curriculum revision.
not have sufficient resources to either
supervise or send social workers on in-
service capacity building programmes.
© KEMENSOS RI
52 Child and Family Welfare Services in Indonesia
In order to fulfil their Child maltreatment is a complex issue; health problems or difficulties in
obligations under the it is rarely simply one isolated incident caring for children. Given this range of
CRC, State parties or occurrence and generally involves a problems, a variety of actors provide
must have in place a continuum of actions, behaviours, and services at the secondary level –
continuum of child experiences. Typically, maltreatment both government and civil society
protection services occurs within a progression, involving organizations.
designed to promote escalating levels of violence and
• Tertiary interventions to respond
children’s wellbeing cumulative effects of emotional abuse
to circumstances where a child is at
or increasing harm caused by persistent
and protection. serious risk of or is being abused,
neglect. It is a symptom of complex
exploited, neglected, or harmed in
human problems and relationships
any way. This requires a continuum
and as such cannot be addressed with
of interventions, including both
simplistic responses. Therefore, in
voluntary or community-initiated
order to fulfil their obligations under
interventions in less serious cases
the CRC, State parties must have in
(mediation, counselling and advice
place a continuum of child protection
giving, community monitoring), as
services designed to promote children’s
well as mandatory State interventions
wellbeing and protection,39 while
where children have experienced
enhancing the capacity of families to
or are at risk of serious harm
fulfil their responsibilities. This should
(structured supervision and family
generally include:
support services such as parenting
• Primary prevention initiatives programmes, family and individual
directed at the community as a counselling, and therapeutic
whole to strengthen the overall treatment programmes; and/or
capacity of society in caring for temporary or permanent removal of
children and keeping them safe. the child and placement in alternative
This includes activities directed care). Decisions regarding the use of
at changing attitudes and social compulsory measures are generally
behaviours through advocacy and made through a formal administrative
awareness campaigns, strengthening or court process, based upon the
parenting skills, promoting the need assessment and recommendations of
for alternative forms of discipline the social welfare authority.
rather than physical punishment, and
sensitization on the impact of violence The systematic implementation of this
against children. continuum of services requires both
pro-active and reactive approaches,
• Secondary prevention, or early with clear processes, procedures and
intervention services, directed at services for: 1) identifying and providing
children and families who have been appropriate support to vulnerable
identified as vulnerable or at risk children and families; and 2) reporting,
of maltreatment or neglect. Early assessment, intervention planning, and
intervention services target families case management for children who have
that are already at risk of engaging experienced maltreatment. In most
in abusive behaviours in order to countries, States seek out partnerships
change those circumstances before with civil society to support service
they create actual harm to a child. For delivery, however overall responsibility
example, families might seek help for ensuring access to and quality of
for separation, mediating or dealing services, rests with the government
with disputes, alcohol and/or drug child welfare authority.40
problems, domestic violence, mental
Services 53
39
‘Child protection’ here does not mean the protection and promotion of children’s rights generally, but is
specifically focused on the protection of children from abuse, exploitation, neglect, and violence.
40
UNICEF East Asia and the Pacific, “Technical Guide: Social Welfare Systems,” Child Protection Program
Strategy Toolkit, 2009.
41
UNICEF, Rapid Assessment of Child Abuse, Exploitation, and Trafficking in Aceh and Nias, 2006.
54 Child and Family Welfare Services in Indonesia
The process of of some parents to view their children attention in East Java, with the LPA
changing public as assets for generating income for raising awareness in schools on the
attitudes towards the family. negative impact of corporal punishment.
child welfare The PPT conducted a series of
In NTT, there has been considerably discussions on familial violence through
issues, especially
less sensitisation for the general radio shows, local TV, and newsletters.
those ingrained in
public on child protection issues than A number of traditional methods
local custom and
in Aceh. Both Dinas Sosial and the for information sharing on sensitive
practices, requires a Office of Women’s Empowerment children’s issues are also employed. For
comprehensive and have funded programmes to raise example, regular cultural community
sustained strategy. awareness on issues of abuse, violence, activities such as pengajian (weekly
and exploitation. The role of informing Quran study) or arisan (small group
the public, as defined in the Child gatherings) are used as opportunities for
Protection Law and the Joint Directive education by imams and village leaders.
on Integrated Services, is seen as a
cornerstone of the mandate of both In general, current campaigns in all
agencies. To that end, the Office of three provinces are localised and do not
Women’s Empowerment has conducted always reach the more remote districts
training on the Child Protection Law in all or islands. There is considerable concern
20 districts of NTT. However, it is evident that certain communities, especially
that the concepts of ‘advocacy’ and those targeted by international agencies,
‘sensitisation’ are being loosely applied have received regular sensitisation
to the activities: the actual methodology on a wide range of child welfare
is often based upon simple information issues to the detriment of other less
sharing, distribution of manuals, and accessable communities.
giving talks about the law. The impact,
according to respondents, is that the The process of changing public attitudes
public is often aware of new policies towards child welfare issues, especially
on child and family welfare issues, those ingrained in local custom and
but lack the confidence or skills to practices, requires a comprehensive
behave differently. UNICEF has recently and sustained strategy. In the absence
supported a CAPS programme in NTT as of a national coordinated effort, many
part of its global and national efforts to well-intentioned local efforts may not be
reduce violence, bullying, and corporal having an optimal impact. For example,
punishment in schools. in East Java, government agencies
including Dinas Sosial led a series of
As in NTT, NGOs have primarily taken campaigns to warn families of the risks
the initiative to implement creative children face when boys are sent to
awareness campaigns in East Java. work in other provinces. Community
For example, the LPA – in collaboration campaigns to prevent the trafficking of
with partners such as Dinas Sosial, the girls to Hong Kong and Malaysia were
Office of Women’s Empowerment and also implemented. However, these
the provincial Office for Community campaigns have not yet been supported
Empowerment – has been active in by realistic family welfare provisions
promoting broader child rights issues by Dinas Sosial. Campaigns have
among religious leaders and government instead focused on warning families
staff, including teachers and health of the possible punishment they will
workers. The issues of violence against receive under the new law should they
children, supported by UNICEF and encourage or force their children into
Save the Children, have received major exploitative and abusive environments.
Services 55
While it is important to raise community self-help groups ranging in size from 10 While it is important
awareness of new laws and policies to 20 families. Their primary mandate is to raise community
pertaining to child labour, for example, the empowerment of families through awareness of new
this must be accompanied by action- their 10 main programme areas: laws and policies
oriented measures to ensure that: awareness and application of pancasila pertaining to
(official philosophical foundation of the child labour, for
1. Family members are provided with
Indonesian state); cooperation; food example, this must
realistic financial alternatives and
sufficiency; proper clothing; housing be accompanied
options so that sending a child to
and household management; education
work is not the only option; by action-oriented
and life skills; health; development of a
2. School scholarships and access to
measures.
cooperative movement; environmental
education are provided for children at sustainability; and education and skills
risk of child labour; building planning. The PKK operate
3. Community members understand integrated health posts (posyandu) that
their responsibilities to report to the hold monthly meetings during which
relevant authorities when children mothers have an opportunity to discuss
in their communities are at risk of issues such as household management,
child labour. family planning, childcare, and nutrition
and supplementary feeding for children
Opportunities exist to promote this under five. More recently, they have also
more systemic approach through begun to conduct advocacy with respect
organisations such as the PKK. The PKK to domestic violence. While the PKK
is a voluntary government movement and posyandu network has reportedly
headed by the wife of the Minister of been weakened by the process of
Home Affairs, with the head of PKK at decentralisation, it remains active in
each level of government (provincial, many provinces and could provide an
district, sub-district, and village) being ideal mechanism for more structured
the wife of the corresponding authority. awareness raising and parenting
The PKK has over 2 million volunteers education, as well as to promote
throughout Indonesia, with structures alternatives to physical discipline
down to the village and family-group of children.
level. The PKK divides households into
Financial has been produced for this purpose, training for adolescents who have
empowerment alone with vulnerability being defined mainly dropped out of school or who are on
does not resolve with reference to Depsos list of 22 the streets, and micro-credit and other
issues of domestic social problems. This includes neglected livelihood support under KUBE and
strife and abuse, children, street children, children who UEB programmes for single mothers.
targets only the have dropped out of school, children in In NTT, the Women’s Empowerment
poorest and most single parent households, and disabled Office supports families of street
marginalised, and children from poor families. The TKSK children to enable them to develop
conduct home visits to families who fall their own businesses. Through this
generally cannot
into one of these defined categories to program, 90 families received IDR
reach enough
collect the necessary data on the family 5m each. The aim was to encourage
families to have
and then submit this to Dinas Sosial. This parents to send their children to school
widespread impact. information is used by Dinas Sosial to rather than to make them work to
target various social welfare benefits as supplement family income. These one-
and when funds are available. off unconditional cash handouts have
had significant impact on the number
In NTT, there is no early identification of children returning to school, also
or intervention programme and no enabling children to help their family
official guidance for identification of business. Unfortunately, while this
children who are vulnerable to abuse scheme appears to have had an impact,
and exploitation. Prior to the dissolution it is very limited in geographical scope
of Depsos in the late 1990s, Dinas and, as respondents noted, tends to be
Sosial employed TKSM, local voluntary restricted in coverage to urban centres
community workers, to monitor the due to the problems of distribution.
situation of children. However, Dinas This problem is less critical in Aceh,
Sosial currently has no front-line staff as the TKSK can take responsibility for
trained to recognise and identify children monitoring the distribution of assistance
at risk of abuse. A significant number of to ensure it reaches the beneficiaries.
district and sub-district staff, however,
especially those working the childcare A consistent finding across all three
institutions, come into direct contact provinces is the reliance on cash
with vulnerable families through their transfers and financial empowerment
work. For example, childcare institution as the primary strategy for addressing
staff make home visits as part of their the problems of families and children
assessment and selection process. at risk. While enhanced livelihood
However, these staff members have options do offer families greater
not received specific training on stability and possibilities to provide an
identification of risk factors or symptoms improved quality of life, particularly in
of abuse and none of the institution- terms of retaining children within the
based respondents had ever managed a education system, these measures
case of suspected abuse. are generally not sufficiently holistic as
to prevent violence and exploitation.
b) Financial Support Financial empowerment alone does
not resolve issues of domestic strife
Depsos and Dinas Sosial operate and abuse, targets only the poorest
a number of benefits programmes and most marginalised, and generally
targeting specific categories of cannot reach enough families to have
people with social problems, including widespread impact.
scholarships for poor children, vocational
Services 57
c) Family Strengthening and frontline defence for children at risk Informal, community-
Mediation of abuse, violence, and exploitation in based approaches
the home. for handling cases of
In each of the three provinces, despite
child maltreatment
cultural disparities, strong customary In Aceh and East Java, adults and
were beneficial in
mechanisms and practices exist that children stated that the intervention of
that they are easily
strengthen families and protect children. village, religious, or traditional leaders
These could be employed creatively in a in the resolution of family disputes has
accessible to families
protection system and recognised for the been very helpful. These leaders are able and children and allow
beneficial role they play. However, they to bring community pressure to bear to for early intervention
represent only one element in a series stop parents from using excessive force by the community.
of mechanisms that are required to in disciplining their children. In such
identify family problems and ensure that cases, a meeting is organised with the
the safety of children is prioritised early parents, extended family members, and
on. In this regard, it is also important to community leaders to discuss the issue
recognise that family dynamics and the and seek the parents’ agreement that
roles of community authorities / elders the maltreatment will not happen again.
are rapidly changing and that, where The village leader, family members, or
beneficial, these traditional defence TKSK then make regular home visits
mechanisms should be bolstered by to monitor the child to ensure that the
government intervention. maltreatment does not reoccur. It was
reported by the PPA in each province
An example of a strong family mediation that the police will often ask the village
practice is found within the Christian or community leader to monitor the
communities of NTT, particularly in bond under which police often place
Timor. According to respondents, the perpetrators of domestic violence.
level of violence within the region is
notoriously high and domestic violence Respondents were generally of the view
remains a pervasive problem. To address that these informal, community-based
strife within families, the husband and approaches for handling cases of child
wife are each appointed a ‘companion’, maltreatment were beneficial in that
usually themselves a married couple. they are easily accessible to families and
These ‘bapak’ and ‘mama’ saksi are children and allow for early intervention
well respected elders in the community, by the community before the abuse
usually unrelated to the new couple, became worse. However, concerns
who commit themselves to support, were also raised that the child’s need
advise, and protect the couple for for protection was not always fully
the rest of their own lifetimes. This considered or given due weight in the
is considered to be a very helpful mediation process, particularly where
mediation role, especially in times of the perpetrator was a person with high
family conflict, stress, or economic standing in the community. It was noted
hardship. Similarly, the wife is likely to that, because the community still tends
turn to the mama saksi as a confidante, to view violence as an acceptable means
should the husband become violent or of disciplining and educating a child, they
abusive. The children of the relationship do not always take the necessary action
also know that the bapak and mama to intervene and sometimes actively
saksi are appointed to protect the family cover up cases.
and are often consulted by the children.
In the absence of formal services, these Apart from this informal mediation and
customs serve as an important early monitoring, none of the provinces have
58 Child and Family Welfare Services in Indonesia
Tertiary services any structured services to supervise especially in recent years, Dinas Sosial
correspond to and support families and children has invested in the deployment of
those mechanisms, who are experiencing difficulties, considerable human resources at the
processes, and such as structured programmes of community level, while provinces
services that must respite care or intensive parenting such as NTT remain heavily reliant
come into play when skills education. In some districts of upon small numbers of NGO and CBO
a child has suffered, or East Java, religious leaders support volunteers, including members of the
is at risk of suffering, engaged couples to reflect upon their LPA and PKK. Many of these workers
relationship and examine the parenting have a broad family welfare mandate
abuse, violence,
role. In all provinces, opportunities to monitor the health, education, and
and exploitation.
do exist for delivering these types of economic status of families. However,
parenting support programmes through across all provinces, it is noted that
community social workers, such as the insufficient attention is given to training
TKSK in Aceh and the PSM. Existing these workers to recognise the signals
village and community structures – even symptoms – of child abuse,
such as the PKK, Posyandu, women’s violence, and exploitation during the
groups, and village leaders could also be course of their duties. Similarly, few
mobilised and guided in the identification other professionals, including teachers
and referral of vulnerable families. and health workers, have been trained
to detect signs of problems. Formal
In each of the provinces, there are training on risk identification and basic
considerably different levels of skills for responding appropriately could
community workers in direct contact help strengthen this frontline defence
with families and children. In Aceh, for children.
or community, even less so to social East Java, where the NGO community Children are even
service agencies. The result is that is well established, respondents stated less likely to disclose
the child’s parents or caregivers will that they would prefer to report abuse if the perpetrator is a
usually seek private restitution from a to local child welfare NGOs and CBOs. family member and
non-family perpetrator directly, often For example, the LPA network serves parents are likely to
in the form of a cash payment. It was as a conduit for referring children onto try to resolve issues
reported that children are even less likely emergency services. However, this within the family.
to disclose if the perpetrator is a family also serves to demonstrate that the
member and parents are likely to try current processes remain reliant upon
to resolve issues within the family. It is a network of dedicated individuals and
generally recognised, however, that the agencies rather than an integrated and
social taboo of abuse is gradually being regulated system.
eroded and that communities are now
taking more responsibility for protecting The Depsos programme to develop an
women and children from violent and emergency hotline,42 Telepon Sahabat
abusive behaviour within families. There Anak 129, for abused and vulnerable
is strong anecdotal evidence that cases children is increasing its coverage, but
of abuse and exploitation are often not remains limited in its scope, operating
reported until the child is in crisis and in only in urban areas. In Aceh, for
need of emergency protective services. example, it extends to only two districts,
If services are required, there are a Banda Aceh and Aceh Besar, while in
number of channels the child or reporting East Java it only functions effectively
adult can access. in Surabaya. The province of NTT does
not have TESA 129, nor any other
Respondents agreed that a child confidential anonymous counselling or
who had experienced violence or reporting mechanism.
exploitation would most likely disclose
to a family member, close friend, Apart from direct disclosures from
or neighbour. Concerned adults are children and parents, there are limited
more likely to approach a community mechanisms in place to proactively
or ‘adat’ leader directly as they are identify children who are being
usually highly respected figures within maltreated and no formal process of
their communities. In NTT, children risk assessment of families in crisis.
themselves reported that they would In each of the provinces visited, while
not disclose their secrets to a teacher or there are a significant number of
local health workers due to the proximity monitoring and assessment processes
to the family in the community. However, to determine eligibility of poor and
in Aceh, where some schoolteachers vulnerable families for social services
and medical professionals were trained and financial empowerment, few Dinas
after the tsunami to identify children at Sosial and NGO staff are trained to
risk, respondents suggested that they make risk assessments of children in
would now trust professionals living these families. For example, village
in the community with information on level volunteers may assess the family
abuse. The TKSK are also becoming financial and schooling status, but are
increasingly trusted and would expect to not trained to simultaneously make
receive reports of abuse and violence. In a basic initial assessment of other
42
In collaboration with the Ministry of Women’s Empowerment, the Ministry for Information, the National
Telecommunication Company (PT Telkom) and Plan International.
60 Child and Family Welfare Services in Indonesia
provincial-level PPT, such as in Aceh, the victim through the legal process. In principle, Dinas
also have agreements with other public Most PPAs operate out of an RPK Sosial should be
hospitals to allow victims to receive free (specialised rooms located in provincial the central agency
medical treatment if they have serious and district level police offices used to to which all cases of
injuries that are beyond the capacity of interview women and child victims of abuse and exploitation
the police hospital. crime), where victims of violence can be are referred.
provided temporary emergency shelter
When cases are referred to the PPT, for up to seven days, if necessary. These
a standard intake form is completed PPA are well known within the districts
and staff conduct both a medical and appear to be well respected.
examination and an assessment of the
victim’s emotional wellbeing. There are
standard forms to record the results of c) Assessment, Decision-making and
the forensic examination, but no detailed Case Management
assessment or care plan forms. If the The core child protection services
case is not very serious, PPT staff will described above provide temporary
handle it themselves by providing simple sanctuary and medical relief for child
counselling. In more serious cases, they victims of the most serious forms of
can call an NGO that provides psycho- violence and exploitation. While it is
social support. If necessary, the victim positive that structures are in place
can remain in the emergency shelter to meet the immediate needs of
facilities of the PPT for up to 14 days. children in times of crisis, the services
Because the PPT are located within the currently available are not designed
police hospitals, the PPT and the PPA to link into further assessment of the
tend to have a close working relationship long-term needs of the child or to
and children are often accompanied support structures for the child beyond
by a police officer to the PPT for the immediate provision of crisis
examination and treatment. This provides intervention and temporary safe shelter.
an opportunity to collect forensic Unfortunately, there appears to be
evidence for any future prosecution of no coherent mechanism in any of the
the perpetrator and to advise parents provinces for making decisions about
and children about their legal rights and next steps.
possible criminal action.
In principle, Dinas Sosial should be
If child victims are not referred directly the central agency to which all cases
to the PPT, it is probable that they will be of abuse and exploitation are referred.
referred to the PPA, or police Children However, in all three provinces there
and Women’s Desk responsible for is currently no clear mandate for,
investigating cases of violence against or practice of, reporting all cases of
women and children. The role of the PPA violence and exploitation to Dinas
includes: questioning / interviewing the Sosial. In fact, Dinas Sosial is generally
victim; collection of verbal statements periphery to the referral processes and
and forensic evidence; apprehension and emergency service provision, except
questioning of the alleged perpetrator; in cases where material support in the
preparation of a criminal case for form of food, clothes, transport, or
presentation to the provincial attorney- financial aid is required, or where the
general; and provision of support for child requires referral to a government-
43
Joint Directive on the Provision of Integrated Services to Women and Child Victims of Violence (2002).
62 Child and Family Welfare Services in Indonesia
The majority of run childcare institution. This results in that the PPA assessment is based upon
NGOs use a basic an ad hoc process of decision-making investigative procedures, while the PPT
assessment form for where untrained community workers assessment is essentially a forensic
capturing the core may be responsible for making important medical record. Neither form is designed
circumstantial details decisions about a child’s safety and to capture important information
of reported cases future wellbeing. about the specific needs and best
of children affected interests of the child with regard to the
None of the provinces studied have family environment.
by abuse, violence, formal processes or procedures in place
and exploitation. for reporting, assessment, decision- In Aceh there are now processes for
making, and case management, or for case-conferencing, bringing different
inter-agency coordination in handling service providers and specialists
of cases of violence, abuse, and together to collectively plan and make
exploitation of children. Without these, decisions for the longer-term care of a
there is no mandated authority to lead child. Once the initial medical and legal
and make decisions about, for example, procedures have been completed by
the removal of a child from their home. the PPT, a case conference is held to
Where Standard Operating Procedures determine how to proceed with the
for inter-agency coordination have been case and what support the child might
drafted, they tend to relate narrowly, require from various agencies and
as at national level, to the operation organisations. For simple cases, a single
of integrated medico-legal services case conference is held, while in more
provided by PPTs, and the role of social complex cases, such as rape, there may
welfare authorities in this process is be two or three. The case conference is
limited. It is helpful to note that there convened by the agency or institution
have been concerted efforts in both with responsibility for the immediate
NTT and East Java to develop a set of care of the child, most commonly the
standardised operating procedures for PPT, the RPSA, the NGO that initiated
responding to cases, however these the case, or Dinas Sosial, if the child has
have yet to be finalised. been temporarily placed in one of their
childcare institutions. While these case
In all provinces, the majority of NGOs conferencing procedures are informal
use a basic assessment form for and are not documented, they do
capturing the core circumstantial details represent a process by which effort is
of reported cases of children affected by made to come to a consensus decision
abuse, violence, and exploitation. This about the next steps to be taken. In
initial observation is used to understand East Java and NTT, these procedures are
the general nature of the case, to less rigorous and if consultation takes
assess the child’s immediate needs, place, it is usually conducted over the
to determine if the parents are able to telephone between the PPA, PPT, and
properly care for and protect the child, the shelter home. Any form of long-term
and to find out how the family wants planning for the child does not usually
to deal with the matter. However, there extend beyond the service itself and is
is no single assessment process that not based upon principles or criteria of
is used consistently throughout the needs and best interest determination.
provinces or across agencies. Individual
agencies have been responsible for Despite the provisions of the Child
developing their own assessment Protection Law, there is no mechanism
forms, although some follow national in any of the provinces for the court to
professional guidelines. This means make orders regarding supervision of
Services 63
parents, or to make decisions about support beyond the capacity of the PPT, In cases where
revocation of parental rights. In Aceh, the main response is referral to an RPSA child victims require
there is a more formal process for the or other childcare institution. Rumah additional support
appointment of a legal guardian through Perlindungan Sosial Anak (RPSA) beyond the capacity
the Mahkamah Syari’iah (religious court), are managed directly by Depsos and of the PPT, the main
but this is reportedly rarely used and operate both as emergency shelters, response is referral
most decisions about kinship care or as well as longer-term protection and to an RPSA or other
guardianship are made informally.44 If rehabilitation homes where child victims childcare institution.
these provisions were to be enacted, can stay for up to six months or longer
there would be a greater professionalism if necessary. There are currently 9 RPSA
and standardisation for dealing with throughout the country (including in
children’s cases. Aceh and East Java, and one under
construction in NTT), with additional
d) Recovery and Reintegration Services five RPSA planned to be established.
The RSPAs provide specialist care,
In general, the services available at as well as recovery and reintegration
the community level to supervise and services to child victims of violence
support child victims and their families and exploitation, after which they are
are quite limited. As noted above, either returned to their families or sent
significant progress has been made, to a government or NGO childcare
particularly in Aceh and East Java, institution. They generally have at least
in providing integrated medico-legal one professional social worker on staff
services, psycho-social support, and and reportedly provide individualised
temporary shelter for child victims. care and counselling to help promote
However, as hospital-based services, children’s recovery and rehabilitation.
these tend to address only the most However, given their limited number and
serious cases of physical violence geographical coverage, children are often
and sexual abuse, and only during the transferred long distances to the nearest
immediate crisis intervention stage. RPSA, making family reunification and
While some PPTs, particularly in Aceh, reintegration more difficult. Due to
have developed strong referral networks limited staff and resources, capacity
with government and NGO service of the RPSA’s for outreach, family
providers capable of providing basic strengthening, and reintegration support
counselling and family support, this is is limited and they generally rely upon
not always the case. The PPT at the local NGOs, where available.
police hospital in Jakarta, for example,
has no linkages with local social welfare There is currently no designated agency
authorities or NGOs and generally to provide supervision and family
provides little post-treatment monitoring support services for children as an
and support once the child returns to his/ alternative to, or after returning from,
her family. Where NGO referral networks a period at the PPT or shelter home.
do exist, as in Aceh, their geographic There is also a general absence of
coverage tends to be urban biased. structured services to support the child’s
family while s/he is in the shelter home
In all of the provinces visited, in cases to prepare for reunification. Both the
where child victims require additional PPTs and the RPSA lack the staff and
44
ILDO, Protecting and Promoting the Legal Rights of Tsunami Children Without Primary Caregivers and/or
Living With Extended Family Members in Nanggroe Aceh Darussalam, 2007.
64 Child and Family Welfare Services in Indonesia
Recording of cases capacity to conduct effective monitoring term basis. This is especially important
by a centralised of children following discharge. In because in all the three provinces
agency is important Jakarta and Aceh, RPSA staff often try to studied, there remains a lack of clear
because this facilitates conduct a home visit before the child is accountability, agency guidelines, and
case management of returned. In Jakarta, a risk assessment standardised response system for
the intervention from and classification system is used to child victims.
the point of initial determine whether a child is ready to
reporting through to return home and the level of follow- e) Recording
up monitoring required. However, this
recovery.
system does not appear to be utilized by Recording of cases by a centralised
all RPSA. Generally, follow-up consists agency is important because this
of at least one home visit within the facilitates case management of the
first three months of the child’s return, intervention from the point of initial
as well as telephone calls to the family reporting through to recovery. At
asking about the condition and safety present, no agency is fulfilling this
of the child. While this may constitute function in the three provinces studied.
adequate follow-up in some cases, Cases are rarely reported and therefore
it would not be sufficient to address are not recorded by Dinas Sosial. The
protection issues in cases where the statistics the offices do retain are based
perpetrator was a member of the child’s upon data gathering at the community
family or immediate community, which is level. Case files of individual children are
reportedly the most common scenario. not maintained.
It was noted that NGOs, district-level
Agencies such as the PPT, PPA and
social affairs officers, or community
shelter homes do keep case records,
social workers are sometimes assigned
generally in the form of paper folders
to conduct follow-up monitoring of
maintained in confidential manner on
children and their families; however
the premises. These agencies may share
their capacity to provide sufficient
information on a need-to-know basis but
support and counselling to parents is
no agency is bound to report to Dinas
reportedly limited.
Sosial about specific cases.
From the small numbers of children in
In a positive effort to address this, all
government shelters, NGO shelters
three provinces are currently in the
appear to be the preferred choice
process of introducing a comprehensive
of parents and perhaps children
new database on child victims of
themselves. This is because the shelters
violence, abuse, and exploitation. This
are temporary only, may be closer to the
initiative is being coordinated by the
child’s home and are less institutional.
Ministry for Women’s Empowerment
Examples include the Rumah Perempuan
in the pilot provinces of East Java,
in Kupang, a well-known emergency
Central Java, and NTB. However, in
shelter for women and children, and
Aceh the programme is coordinated
the Rumah Genta in Surabaya, which
by Dinas Social due to the recent
offers comprehensive and child-friendly
establishment of the Office of Women’s
services for children. This latter shelter
Empowerment. The database will assign
works to ensure that families are willing
each child a unique code number to
and able to safely reunite with and
prevent duplicate reporting by different
reintegrate their children; offers legal
agencies and allow for a clearer picture
advice for victims; and most importantly,
of precisely how many child victims are
remains involved with children on a long-
being officially identified and the support
Services 65
they receive. A standardised intake have been finalised and are pending The principle of
form has been developed that will be dissemination to all provinces through a ‘institutionalisation
used by the police, PPT, and all agencies letter of instruction from the Minister for as a last resort’ was
and organisations in its network. The Women’s Empowerment. recognized among
software and guidelines for the database all service providers
interviewed, and
there appeared to be
a genuine effort made
5.3.1 Tertiary - Out of Home Care of family care is unavailable, placement to ensure that children
in a shelter home (RPSA) or childcare remained within
In all three provinces, the principle of institution is often viewed as the best their families.
‘institutionalisation as a last resort’ was way to guarantee the child’s safety
recognized among all service providers and wellbeing.
interviewed, and there appeared to be
a genuine effort made to ensure that Institutional care has a long history in
children remained within their families. Indonesia and promoting family-based
For example, only three of fifty-one care above institutional placement
children accommodated by Rumah remains a challenge. For example,
Singah Genta in Surabaya have been the budget allocated by Depsos for
referred on to a childcare institution. neglected children is IDR 8 billion as
Others have all been accommodated compared to IDR 4 billion for advocacy
within their extended families, although and protection. Approximately 96% of
without an adequate system for these children have families.45 Each
monitoring children while in the care of province studied has between eight and
extended family and lack of support to ten childcare institutions managed by
parents to promote timely reunifications. Dinas Sosial, each housing children by
In Aceh, respondents stated that a categorisation process, for example,
preference is generally given to placing drug-using children, neglected children,
the child victim with a member of his under 5s, and those in conflict with the
or her extended family and that this is law. Institutions are also the primary
the solution agreed upon in the majority response for street children and
of cases. However, this is not always children exhibiting behaviour problems.
feasible or appropriate, particularly In addition to these government-run
where the perpetrator remains in the institutions, there are also numerous
family or community. Across all three childcare institutions operated by
provinces, most communities lack NGOs, private individuals, and religious
appropriate monitoring mechanisms groups. There is currently no accurate
and have limited services to support data available on the total number of
child victims and their families. While childcare institutions or the children
informal kinship care was practiced being cared for by them. However,
in all three provinces, fostering by a Depsos is currently in the process of
non-relative is not common and there developing a comprehensive database.
are no formal fostering programmes to It has recently been estimated that there
provide temporary care for child victims. are over 7,000 childcare institutions
Therefore, in cases where some form throughout Indonesia caring for over
45
Depsos, Save the Children and UNICEF, Someone that Matters: Quality of Care in Childcare Institutions in
Indonesia, 2007.
66 Child and Family Welfare Services in Indonesia
There is a sense half a million children, only 0.5% of Although all the services visited were
that the childcare which are government-run.46 Depsos, regulated and licensed, few have
institutions essentially with the support of Save the Children formal internal child protection policies.
serve as a ‘holding’ Fund, is currently in the process Among government agencies, such as
facility to house of developing detailed minimum the PPT or PPA, there are no formal
children until they standards for the operation of childcare written policies or codes of conduct for
finish their schooling. institutions. However, at the present staff members, but rather an unwritten
time, the childcare institutions do not understanding about appropriate
have guidelines for how to handle a behaviour towards child victims.
child’s case should they disclose abuse These are usually based upon general
suffered at home prior to placement, or professional standards, rather than
indeed within the childcare institution guidelines designed explicitly for dealing
itself. None of the institution staff with child victims.
interviewed had been trained on abuse
or exploitation.
46
Ibid.
Services 67
A more term care planning. There are concerns that welfare services be redesigned to
comprehensive, children are often returned to their families deliver a continuum of prevention
sustained strategy without any genuine guarantee of their and response services for children
protection. There is a clear understanding who are at risk, or have experienced,
be developed at the
among all agencies that placement of an violence, abuse, and exploitation. The
national and sub- abused child in a childcare institution (panti) continuum should include various levels
national levels to is not appropriate, and fortunately few of intervention, depending on the nature
promote changes children are sent to panti. Existing strong of the maltreatment and individual
in public attitudes traditional kinship arrangements should be circumstances of the child and his/
towards child welfare recognised for their provision of care to her family, including both voluntary
children in crisis, but to date these remain community measures such as family
issues.
informal arrangements. mediation, as well more formal protective
interventions. For more serious cases,
The findings reveal that while the Child
interventions should include compulsory
Protection Law provides some guidance
measures (such as supervision orders or
on agency and individual duties, it is
temporary removal of the child from the
now essential that detailed procedures
home) to ensure the protection of the
for handling children’s cases, including
child.
designated responsibilities of Dinas Sosial
and supporting agencies, be properly 3) Clarify decision-making process and
defined and agreed upon. authority: including a standardised
process, procedures, and criteria for
reporting, assessment, intervention
planning, and case management.
RECOMMENDATIONS Decision-making regarding what
interventions are required to provide
for a child’s care and protection should
be made by a designated, accountable
In order to address these gaps in services to
government agency through a structured
prevent and respond to violence, abuse, and
administrative or court process,
exploitation of children, it is recommended
and guided by an assessment and
that the following actions be taken:
recommendations from the district or
1) Promoting Behaviour Change: provincial-level social welfare authority.
it is recommended that a more In particular, all decisions regarding the
comprehensive, sustained strategy removal of a child from the care of his/
be developed at the national and sub- her parents and placement in kinship
national levels to promote changes in care, foster care, or a childcare institution
public attitudes towards child welfare should be made and/or approved by a
issues. Rather than socialising laws designated government official, subject
and policies, it is recommended that to judicial review.
emphasis be placed on promoting
4) Gradual development of specialised,
action-oriented measures to reinforce
community-based services: the range of
the importance of family-based care,
services that are currently available to
and to introduce a more structured and
support vulnerable children, neglected
standardised approach to parenting skills
children, and child victims of violence
education through organisations such
and exploitation is limited. In the short
as the PKK and women’s empowerment
term, greater use could be made of
clubs.
existing services by mapping what
2) Develop a Continuum of Services: is currently available through various
Rather than the current reactive, medico- government, community, and NGO
legal, and issue-specific approach, it service providers and developing more
is recommended that child and family structured arrangements for referrals
through government/NGO partnerships.
Services 69
There is an urgent
However, referral networks alone will need for Depsos/
not be sufficient to address children’s Dinas Sosial to
protection needs, since the services develop more
currently available are mainly focused on
specialised child
short-term medico-legal interventions,
institutional care, and economic protection services
empowerment. There is an urgent need such as intensive
for Depsos/Dinas Sosial to develop more parenting skills
specialised child protection services such programmes,
as intensive parenting skills programmes, individual and family
individual and family counselling,
counselling.
parenting support groups, temporary
respite care, therapeutic interventions for
drug and alcohol abuse, structured family
supervision, kinship and foster care, etc.
© KEMENSOS RI
06
analysis
In recent years, Indonesia has made
significant progress in the prevention
of and response to violence, abuse,
neglect, and exploitation of children. Child
protection issues are now more widely
discussed and publicised, thus helping to
reduce a culture of silence around these
types of sensitive issues.
72 Child and Family Welfare Services in Indonesia
Progress has been At both the national and sub-national and processed through the PPAs, PPTs,
most pronounced in levels, numerous programmes and and RPSAs, while growing, remains
the development of initiatives have been introduced quite small and likely reflects only a
integrated medico- to prevent violence towards and fraction of the total number of children in
legal services exploitation of children, as well as to need of protective services.
for responding to respond to those who have experienced
maltreatment. These initiatives all A comprehensive child and family
reported cases of welfare system requires the
violence, abuse, and represent important components of child
and family welfare services but have yet development of a clear continuum
exploitation. of prevention, early intervention, and
to be integrated into a comprehensive
system for preventing and responding response services aimed at building
to all forms of violence, abuse, and the capacity of parents to care for
exploitation of children. their children and for an appropriate
State response when children have
To date, progress has been most experienced violence. Accomplishing
pronounced in the development of this effectively requires the designation
integrated medico-legal services of a single key government authority
for responding to reported cases of with structures, processes, authority,
violence, abuse, and exploitation and and accountability for management
in the development of specialised and delivery of child and family welfare
residential rehabilitation homes services, with divisions of responsibility
(RPSA). Through the establishment of at the provincial, district, sub-district,
specialised police units and hospital- and village level. In the Indonesian
based integrated service centres (PPTs), context, the most appropriate agency
child victims of the most serious forms to perform this function would be
of violence, sexual abuse, and trafficking Depsos/Dinas Sosial, as it has overall
now have access to medical care, responsibility for social welfare service
psycho-social support, legal advice, and delivery. However, Depsos/Dinas Sosial
child-sensitive investigative procedures. is currently not perceived to have this
However, as a hospital-based, crisis fundamental authority and has not been
intervention model, PPTs generally given a clear designated role under child
address only the most serious cases of protection legislation. Responsibility for
violence and exploitation, largely sexual early intervention and response services,
abuse and physical violence causing including assessment, decision-making,
injuries warranting medical attention. and service provision is largely centred
The PPTs and RPSAs provide relatively on law enforcement agencies, NGOs,
comprehensive crisis intervention community organisations, and childcare
services and temporary shelter, but institutions, rather than the government
are focused almost exclusively on the social welfare authority.
child victim, and have limited capacity
to provide follow-up care after this There is growing recognition at both
initial response. As a result, there the national and sub-national level of
are significant gaps in the package the need to promote more proactive
of services available to support child and preventative approaches to
victims and their families, particularly child protection, and to focus on
in terms of addressing problems in the strengthening the capacities of parents
home so that children do not need to be to care for and protect children. Depsos
removed, or can be reintegrated safely. has issued comprehensive guidelines
The number of child victims identified that promote a holistic, family-centred
approach to providing community-
Analysis 73
based child welfare services, outlining organisations should play in child and A rights-based and
a continuum of early intervention and family welfare services. However, a sustainable approach
response services that should be in rights-based and sustainable approach requires that child
place to support children and their requires that child welfare services welfare services
families.47 However, the shift to this be perceived as an obligation of the be perceived as an
more pro-active, family-centred approach State, rather than community-driven or obligation of the
is hampered by the lack of effective voluntary. This requires a clear statutory State, rather than
structures, mechanisms, capacity, and designation of the government social community-driven
accountability for the delivery of child welfare agency as the ultimate authority
or voluntary.
and family welfare services at the responsible for ensuring that prevention
district and sub-district levels. While and response services are systematically
some provinces have taken steps to developed in all communities, and that
build the capacity of community social all children in need of protection get the
workers at the sub-district level, the support to which they are entitled.
quality and range of support services
remains limited.
47
Depsos Guidelines for Family and Community-based Social Services for Neglected Children, 2008.
48
Depsos, Save the Children, and UNICEF, Quality of Care in Childcare Institutions in Indonesia, 2008.
© UNICEF Indonesia / 2005
07
recommendations
An overall vision of It is recommended that the following welfare service delivery from the
the child and family actions be taken to advance that goal: national, provincial, district, sub-
welfare service district, and village level, including
delivery paradigm Development of national strategic clear roles, responsibilities,
plan for the reform of the child and accountability, and processes for
be developed at the
family welfare system: decision-making by government social
national level and
then piloted in one or It is recommended that Depsos, through welfare authorities at each level. The
more provinces. a broad, consultative process, develop role that the PPT, the PPA, NGOs, and
a long-term strategic plan outlining the other service providers play within
steps necessary to shift from the current the overall service delivery paradigm
reactive, institution-based approach to a should also be clearly articulated, with
more comprehensive approach to child a regulatory and oversight role for
and family welfare services delivery. Dinas Sosial.
This should include details regarding • Develop a continuum of services: it
timeframes and actions necessary to is recommended that child and family
make the necessary changes to the welfare services be re-designed to
legal and regulatory framework, the deliver a continuum of prevention and
structures and processes for service response services for children who
delivery, as well as capacity building and are at risk of, or have experienced,
budgetary requirements. violence, abuse, and exploitation. The
continuum should include various
Design of a comprehensive child and
levels of intervention, depending on
family welfare delivery system:
the nature of the maltreatment and
It is recommended that, as part of this individual circumstances of the child
reform process, an overall vision of and his/her family, including both
the child and family welfare service voluntary community measures such
delivery paradigm be developed at the as family mediation, as well more
national level and then piloted in one formal protective interventions. For
or more provinces. Through research of more serious cases, interventions
international models and consultation should include compulsory measures
with stakeholders, this vision should (such as supervision orders or
outline how child and family welfare temporary removal of the child from
services can be effectively managed the home) to ensure the protection
and delivered from the national, of the child. In the short-term, greater
provincial, district, sub-district, and use could be made of existing
village level. It would ideally address the services through more structured,
following issues: formal government/NGO partnerships.
At the same time, resources
• Clearer designation of the mandate, should be invested in the gradual
authority, and accountability of the development of more specialised
child welfare authority as the lead services such as intensive parenting
agency responsible for establishing skills programmes, individual and
structured child and family welfare family counselling, parenting support
services, as well as for receiving groups, temporary respite care and
reports and managing protective and fostering, therapeutic interventions
rehabilitative interventions for all for drug and alcohol abuse, structured
child victims. family supervision, etc.
• Outline of the structure for managing • Clarify decision-making process,
and implementing child and family
Recommendations 77
authority, and accountability: including regulations. The results from the pilot A capacity building
a standardised process, procedures, can then be used to inform amendments strategy should be
and criteria for reporting, assessment, to the Law on Child Protection and the developed, designed
intervention planning, and case development of a more comprehensive, specifically to build
management. Decision-making binding legal framework at the national the different core
regarding what interventions are level, as well as model laws and competencies that will
required to provide for a child’s care procedures to guide the reform process be required of staff at
and protection should be made by a in other provinces. the national, provincial,
designated, accountable government
Strengthen capacity of provincial, district, and sub-
agency through a structured
district and community district level.
administrative or court process,
and guided by an assessment and social workers:
recommendations from the district This new central role for the child welfare
or provincial-level social welfare authority in managing a comprehensive
authority. In particular, all decisions child and family welfare service system
regarding the removal of a child will likely require capacity building at the
from the care of his/her parents provincial, district, and sub-district levels.
and placement in kinship care, A capacity building strategy should be
foster care, or a childcare institution developed, designed specifically to build
should be made and/or approved by the different core competencies that
a designated government official, will be required of staff at the national,
subject to judicial review. provincial, district, and sub-district level
Piloting the new child and family based on their newly defined roles and
welfare system: responsibilities. In particular, district-
level and community social workers will
It is recommended that this new require more practical tools and skills-
proposed child and family welfare training, as well as ongoing mentoring
services system then be piloted in and supervision.
one or more provinces, focusing on
those, such as Aceh and NTT, which Strengthen the independent
have already begun the process of monitoring function of the KPAI:
social welfare systems reform. Lessons It is recommended that measures be
learned from these locations can then be taken to strengthen the independent
used by Depsos to modify and promote monitoring capacity of KPAI. This will
the expansion of the new approach in require greater independence and/
other provinces, and to inform national- or security with respect to budgetary
level legal and policy development. allocations, as well as mechanisms for
Develop a comprehensive regulatory monitoring, data collection, and dealing
framework for the system: with systemic complaints, rather than
the current focus on responding to
Once a new framework for child and individual cases of violence, abuse, and
family welfare services has been exploitation of children.
envisioned, detailed laws, regulations,
guidelines, protocols and procedures will
be needed to guide its implementation
in the pilot locations. This could be
accomplished through the development
of provincial PERDAs and implementing
© KEMENSOS RI, 2010
ANNEX 1
A. NORMS
Duties and powers of the child protection agency with respect to the
provision of primary, secondary, and tertiary child and family welfare
services are clearly defined, with clear provisions for designation of
authority from national to sub-national level.
Regulations and standards have been developed for child and family
welfare services (primary, secondary, and tertiary) that are applicable
to all service providers.
There are specific provisions explaining the type of services that can
be contracted out and the modalities for doing so.
Budgeting and financing for child and family welfare services are
clearly articulated.
A.3: APPROACHES
Guiding principles for child and family welfare services are stipulated,
which include at the minimum: the best interests of the child,
non-discrimination, universality of the welfare system, and family
preservation.
Explicit criteria and procedures are in place for making decisions about
child protective services based on an individualized assessment of the
child and his/her family. Legislation explicitly requires that the views of
the child and their family be taken into account during the development
of care and protection plans, as well as in all decisions taken.
There is a specific policy and standards of service for all forms of out-
of-home care.
The law protects all child victims of exploitation from prosecution and
involuntary detention.
ANNEX 1 : Child and Family Welfare System Checklist 83
B. STRUCTURES
C. SERVICES
The public is widely familiarized with the national legal framework and
professionals working with children are aware of its requirements and
responsibilities.
Institutional care services are able to serve the national needs through
government or accredited civil society organizations or service
providers.
All adoption cases are recorded in single files and feed into a national
database.
88 Child and Family Welfare Services in Indonesia
Family tracing and reintegration services are available for children who
have been separated from their families and wish to return (such as
street-children, trafficked, and exploited children).
Social workers are present and support child victims at all stages
of the criminal proceedings (during the police interview, evidence
collection, and court hearing).
D. CAPACITIES
KEMENTERIAN SOSIAL RI
Jl. Salemba Raya No. 28
Jakarta 10430
Telp. (62 - 21) 310 3591
Fax. (62 - 21) 310 3783
Email www.depsos.go.id
UNICEF
Wisma Metropolitan II, 10 - 11th. Floor,
Jl. Jend. Sudirman Kav. 31,
Jakarta, Indonesia
Telp. (62 - 21) 2996 8000
Fax. (62 - 21) 571 1326
Email www.unicef.org