INDONESIAN LAW RELATED TO CHILD WORKERS
- Related Indonesian Laws
Including but not limited to:
- Law Number 23 Year 2002 concerning Child Protection
- Law Number 35 Year 2014 concerning Amandement of Law Number 23 Year 2002 concerning Child Protection
- Law Number 13 Year 2003 concerning Employment
- Ministerial Decree No. 115 of 2004 concerning Protection of Children Doing Work to Develop Talent and Interest
- Children’s Age Limit
- Article 1 Paragraph (1) of Law No. 35 Year 2014
“A child is someone who have not reached the age of 18 (eighteen) years old, including children who are still in the womb.”
- Article 1 Paragraph (2) of Law No. 13 Year 2003
“Children are every person under the age of 18 (eighteen) years old.”
Conclusion : Child is every person below the age of 18 years old.
- Children’s Rights Related to Child Workers
- Law No. 35 Year 2014
- Article 6
“Every child has the right to worship according to his religion, thinking, and expressing according to the level of intelligence and age in the guidance of parents or guardians.”
- Article 9
- Every child has the right to receive education and teaching in the context of personal development and the level of intelligence according to their interests and talents.
(1a) Every child has the right to get protection in the education unit from sexual crimes and violence committed by educators, educational staff, fellow students, and / or other parties.
- Article 56
The Government and the Regional Government in carrying out maintenance and care must seek and help the child, so that the child can:
- free to express opinions and think according to their conscience and religion;
- free to receive oral or written information in accordance with the stages of the child’s age and development;
- freedom of association and assembly;
- free to rest, play, relax, be creative, and create cultural arts;
- obtain play facilities that meet health and safety requirements.
- Law Number 13 Year 2003
- Article 68
“Employers are prohibited from employing children.” However, exceptions are provided in article 70 and 71 below.
- Article 70
(1) The child may do the work in the workplace that is part of the education or training curriculum that is authorized by the authorized official.
(2) The child referred to in paragraph (1) is at least 14 (fourteen) years old.
(3) The work referred to in paragraph (1) can be carried out with the following conditions:
- given clear instructions on how to carry out the work as well as guidance and supervision in carrying out the work; and
- given occupational safety and health protection. “
- Article 71
(1) Children can do work to develop their talents and interests.
(2) Entrepreneurs who employ children as referred to in paragraph (1) must meet the following requirements:
- under the direct supervision of a parent or guardian;
- maximum working time is 3 (three) hours a day; and
- working conditions and the environment do not interfere with physical, mental, social and school development.”
There are 3 elements that must be met to be able to employ children:
- Under supervision
- Maximum work 3 hours
- Environmental conditions support child development
- Party’s Obligations
- The child’s obligation is not written in Child Protection Law or Employment Law. However, it iis regulated under the law about the obligation of the state, government, society, and the parents & family of the child in terms of child protection.
- The Obligations of Parent & Family of the Child
- Article 26 of Law Number 35 Year 2014
Parents have the obligation and responsibility to:
- Nurture, educate and protect children;
- Develop children according to their abilities, talents, and interests;
- Prevent marriages at the age of the child; and
- Provide character education and instill the value of manners.
- The Obligations of Society on Child Protection
- Article 25 of Law No. 35 Year 2014
(1) The obligations and responsibilities of the community towards child protection are carried out through the activities of the community’s role in the implementation of child protection.
(2) The community’s obligations and responsibilities as referred to in paragraph (1) shall be carried out by involving social organizations, academics, and observers of children.
- The Contract of Child Workers
- Refer to Article 1320 of Indonesian Civil Code (KUHPerdata)
4 Requirements for agreement validations:
- Subjective à Agreement (Consent) and Party’s ability (have reached the minimum age)
- Objectives à The existence of object agreements and a Lawful clauses
- Refer to Article 47 Paragraph (2) of Law Number 1 Year 1974 concerning Marriage
“Parents represent their children regarding legal actions inside and outside the court.”
- Refer to Ministerial Decree No. 115 of 2004 concerning Protection of Children Doing Work to Develop Talent and Interest
Article 6 of the regulation stated:
- Entrepreneurs who employ children to develop talent and interests must report using the form as attached.
- The report referred to in paragraph (1) shall be submitted to the agency responsible for manpower in the Regency / City at the location of the child being employed, with a copy to the Minister responsible for manpower in the Province concerned.
- The report referred to in paragraph (2) shall be submitted at the most no later than 14 (fourteen) days before the employer employs children.
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