PROTECTING CHILDREN FROM VIOLENCE, ABUSE AND EXPLOITATION
THE SITUATION OF CHILDREN AND WOMEN IN INDONESIA 2000-2010 136
THE SITUATION OF CHILDREN AND WOMEN IN INDONESIA 2000-2010 137
Violence in schools comes from distinct sources, which must be addressed through very distinct policies. Violence emanates from adults teachers and other adults working in the school
environment and from other children, usually through bullying. Research undertaken by Semai Jiwa Amini Foundation in 2008 in three large Indonesian cities Yogyakarta, Surabaya and
Jakarta examined bullying.
280
The research shows that students reported high rates of violence amongst students in secondary schools, and 67 per cent reported that bullying was taking place
in their schools.
281
Psychological violence in the form of isolation was cited as the most prevalent type of violence, verbal abuse the second most common, and physical violence as the least
common type of violence. A survey of 1,200 children in 11 secondary schools undertaken by the NGO Plan International Indonesia found similar patterns, with verbal and psychological bullying
reported as the most frequent forms of violence taking place in Indonesian schools.
282
Finally there is evidence of bullying taking place in primary schools too, where a study found that 31.8
per cent of students reported having been bullied.
283
The forms of violence are similar to those reported in secondary schools, with a predominance of psychological violence 77.3 per cent
followed by verbal abuse 40.1 per cent and physical violence 36.1 per cent.
Peer violence at school appears to be endemic in Indonesia, yet so far there is little evidence of any nationwide attempts to tackle the issue. Furthermore, private initiatives to bring attention to
and address the issue of bullying have reported that most schools display a negative attitude to anti-bullying campaigns.
284
Violence in schools is also perpetrated by adults teachers and other school staff. Research undertaken by Atma Jaya University in three provinces Central Java, South Sulawesi and
North Sumatera revealed that forms of violence in school included physical, sexual, verbal and emotional.
285
The children interviewed during the research also reported a number of abusive sexual contacts, 19 of 344 children in Central Java were forcefully hugged by their teachers, 11
out of 276 children had their genitals touched by their teachers in South Sulawesi, and 69 out of 413 children reported being improperly touched by their teachers in North Sumatera.
286
Verbal abuse shouting and yelling at children as well as public humiliation forcing children to stand in
front of the class, forcing children to clean toilets are commonly used in the class room 73-80 per cent of teachers across provinces admitted yelling at students, and 90 per cent forced children
to stand up.
287
Several sources of data indicate that adults in the education sector, principally teachers, have accounted for a large proportion of the reports of violence andor child abuse. According to data
from the Indonesia Child Protection Commission KPAI, Komisi Perlindungan Anak Indonesia , of the 95 reported acts of violence committed against children during the first six months of 2009,
39 per cent were attributed to teachers.
288
Additionally, BPS - Statistics Indonesia data indicate that the reporting of violence committed by teachers increased by 39.6 per cent between 2007-
2008.
289
The data on school violence are still tenuous and disparate but indicative of a pervasive culture of fear and violence in the classroom. The pervasiveness of school violence, especially
if it is tolerated by society at large, will be a significant challenge for the GoI. Both the GoI and UNICEF have identified training teachers in alternative approaches to discipline as a key way to
assist in the prevention of violence in schools. In 2006, the then Minister of Education, Bambang Sudibyo, stated, “[C]ulturally, violence is still conceived as an effective way to enforce discipline
and to educate a child. It is therefore crucial that teachers should be trained on alternative ways of discipline.”
290
Box 3.5.1: School violence still prevalent
Bullying and school violence in Yogyakarta remain prevalent. Violence among students is found at nearly every school, and at every level of education. However, school awareness in
anticipating such violence is still low
Sari Murti Widiyastuti, head of the Lembaga Perlindungan Anak LPA Yogyakarta province, likens bullying in Yogyakarta to a hard-to-detect tip of the iceberg. “Cases are hard to prove,
yet are acutely felt by students,” she states after speaking at a discussion on ‘Learning without Fear‘ organized by Sekolah Budi Utama in Yogyakarta, Saturday 28 November. The
event, which included the participation of 73 schools throughout Yogyakarta, ended with an anti-bullying declaration and collection of signatures on a 6-meter long cloth banner.
According to Sari, the most common form of bullying in Yogyakarta is verbal abuse, ranging from insults, and mockery to threats. Other forms of bullying observed include isolation,
intimidation, physical violence and extortion.
Operational Manager Budi Utama Christina HS adds that bullies often come from similar backgrounds of having commonly absent parents and having had prolonged exposure to
violence.
The head of Laboratorium Dinamika Edukasi Dasar Laboratorium of Basic Education Dynamics, Nasarius Sudaryono, also adds that bullying across school boundaries can lead
to larger scale school brawls.
Source: Kompas, Monday, 30 November 2009
291
280 Yayasan Semai Jiwa Amini 2008, Bullying: Mengatasi Kekerasan di Sekolah dan Lingkungan Sekitar Anak, Grasindo, Indonesia. 281 Ibid.
282 Plan International 2009 PLAN’s global campaign to end violence in schools, p7, available at: www.plan-international.org learnwithoutfearfileslwf-progress-report Last accessed 4 September 2010
283 Khairani, A. 2009 Modul program pendidikan: Pencegahan perilaku bullying di sekolah dasar, available at: http:garuda.dikti.go.id jurnaldetilid0:11977qpengarang: percent20Ani percent20offset0limit15 Last accessed 16 October 2010
284 Plan International, cited in: Rachman, A. 27 January 2009 Education experts warn that teachers and parents play a role in school bullying
, The Jakarta Globe: Jakarta, available at: http:thejakartaglobe.comnationaleducation-experts-warn-that-teachers-and- parents-play-role-in-school-bullying-305944 Last accessed 22 February 2011
285 Ibid. 286 Ibid.
287 Ibid. 288 Indonesian Child Protection Commission data, cited in: Akbar, A. 15 January 2010 Menakar kekerasan di sekolah, Harian JogloSemar:
Surakarta, available at: http:harianjoglosemar.comberitamenakar-kekerasan-di-sekolah-6847.html Last accessed 21 February 2011 289 Badan Pusat Statistik BPS - Statistics Indonesia data, cited in: Editorial 10 November 2009 Stop kekerasan di Sekolah Tempo
Interaktif, available at: http:www.tempointeraktif.comhgopiniKT20091110krn.20091110.181517.id.html Last accessed 21 February 2011
290 Sudibyo, B., cited in: UNICEF 2006 Child-friendly school initiative as prevention of child abuse in school, UNICEF: Jakarta, available at: www.unicef.orgindonesiaChild_Friendly_School_SEminar__English_.pdf Last accessed 4 September 2010
291 Kompas 30 November 2009 Tingkat kekerasan di sekolah masih tinggi, Kompas: Yogyakarta, available at: http:www. gugustugastraficking.orgindex.php?option=com_contentview=articleid=1112:tingkat-kekerasan-di-sekolah-masih-
tinggicatid=156:infoItemid=197 Last accessed 21 February 2011
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THE SITUATION OF CHILDREN AND WOMEN IN INDONESIA 2000-2010 139
3.5.2.3 Child marriage The 2000 SITAN reported a high prevalence of child marriage in Indonesia, which then referred
to all persons under 16 years of age, occurring in all provinces.
292
The impacts and consequences of child marriage are known to be harmful. A UNICEF 2005 report on this subject throughout
the world considered child marriage to be a violation of human rights that compromised the development of girls, often resulting in early pregnancy and associated health risks for young
women, social isolation and the abandonment of education.
293
The same report considers young married girls to be a “unique, though often invisible group…required to perform heavy
amounts of domestic work…responsible for raising children and facing constrained decision- making and reduced life choices.”
294
Child marriage severely compromises the right to a ‘free and full’ consent to marriage as recognised in the Universal Declaration of Human Rights, as well
as the rights of children to express their views freely. The Pan-African Forum against the sexual exploitation of children considered child marriage to constitute a type of commercial sexual
exploitation of children.
295
Following the adoption of the ILCP in 2002, adulthood is considered to start when a person reaches the age of 18. Consequently, in this SITAN, child marriage is understood to refer to
marriage or unioncohabitation of persons under 18 years of age. However, the legal provisions that regulate marriage in Indonesia and the practices surrounding marriage contradict the age
stipulations of the ILCP. Even though the ILCP should take precedence, in practice Law No. 11974 on Marriage - which has distinct definitions of childhood - remains a key reference. First, the
provisions of Law No. 11974 establish that by virtue of marrying, a young girl legally becomes an adult, regardless of her age. Elsewhere, Law No. 11974 on Marriage also establishes that
marriage before the age of 21 is subject to parental approval and at the same time introduces a minimum age for marriage of 16 years for girls and 19 years for boys. Furthermore, there is
a system of dispensation requests whereby parents can approach courts or other officials to allow underage marriage, i.e., before the age of 16 or 19, respectively.
296
The system of parent- initiated dispensation goes against Article 26 of the ILCP, which stipulates that parents have an
obligation and responsibility to prevent child marriage. In practise, the current laws, regulations and practices regarding child marriage are somewhat in a state of flux, with contradictory rulings
taking place. There have been some attempts by the GoI to clarify and amend marriage laws to bring them in line with the provisions of Law No. 232002 ILCP, but there is strong opposition
to changing this traditional harmful practice in Indonesian society and so far these efforts have remained unsuccessful.
297
3.5.2.4 Current trends in child marriage in Indonesia Figures 3.5.7 and 3.5.8 summarize some recent data on the prevalence, trend and provincial
distribution of child marriage.
292 UNICEF 2000 The situation of children 2000, p127 293 UNICEF 2005 Early marriage: A harmful traditional practice, UNICEF: New York, available at: www.unicef.orgpublicationsilesEarly_
Marriage_12.lo.pdf Last accessed 7 October 2010 294 UNICEF 2005 Early marriage, p1
295 Ibid. 296 Save the Children 2010 Review report Indonesia, p21
297 Ibid.
Figure 3.5.7: Percentage of women 20-24 years old who were married or in union before the age of 18, Indonesia 2000-2008
Source: BPS - Statistics Indonesia, based on the National Socio-Economic Survey 2000-2008
Figure 3.5.8: Percentage of women 20-24 years old who were married or in union before the age of 18 by province, Indonesia 2008
Source: BPS - Statistics Indonesia, based on the National Socio-Economic Survey 2008
Figure 3.5.7 indicates that the trend for child marriage is decreasing, from 33.49 per cent of women aged 20-24 years old having been married before the age of 18 in 2000, down to 27.36 per
cent in 2008. However, the igures remain quite high at a national level. The data on provincial incidence shows very clear disparities, from a low rate of 12.79 per cent in the capital, Jakarta, to
above 40 per cent in the newly-formed province of West Sulawesi. It is also evident from Figure 3.5.8 that a majority of provinces have a percentage of child marriage above the national average,
and that over 30 per cent of women 20-24 years old experience child marriageunion in 11 of Indonesia’s provinces.
Figure 3.5.9 underlines that child marriage has long been more prevalent in rural than urban areas, and remains so to this day. Encouragingly, the percentage of women experiencing child
marriage has diminished by approximately 5 per cent between 2000-2008 both in rural and urban areas, but girls from rural areas remain at a profound disadvantage compared to their
urban counterparts. The ruralurban gap in terms of age of marriage is attributable to the greater availability of choices and better education facilities in urban areas. In urban settings, parents
encourage their daughters to complete secondary education or beyond, and in turn educated people tend to marry later.
Per cent
30.00 29.00
28.00 27.00
26.00 25.00
31.00 32.00
33.00 34.00
35.00
2000 2001
2002 2003
2004 2005
2006 2007
2008 33.49
31.99 31.56
21.12 30.67
30.97 32.58
25.92 27.36
Year
W est Java
Lampung Central Sulawesi
D.I. Y ogyakarta
Central Java Jambi
Papua W
est Papua W
est Sumatra W
est Kalimantan Riau
Riau Islands East kalimantan
Banten Bangka Belitung
Central Kalimantan Bali
Maluku Gorontal
o
East Nusa T enggar
a
W est Nusa T
enggar a
Nanggroe Aceh D
Southeast Sulawesi Bengkul
u East Java
South Sumatra South Kalimantan
D.K.I Jakarta North Sumatra
North Maluku North Sulawesi
South Sulawesi W
est Sulawesi Indonesi
a 0.00
5.00 10.00
15.00 20.00
25.00 30.00
35.00 40.00
45.00 40.
6 38.
2 37.
4 23.
19. 8
19. 5
12. 8
50.00
Per cent
THE SITUATION OF CHILDREN AND WOMEN IN INDONESIA 2000-2010 140
THE SITUATION OF CHILDREN AND WOMEN IN INDONESIA 2000-2010 141
The National Socio-Economic Survey data not presented here demonstrate that for all age cohorts, urban women marry at least two years later than rural women. The median age at
first marriage for urban women aged 25-29 years is 22.7 years compared to 18.9 years for rural women in the same age group. While for women with some secondary education the median
age at first marriage is 22 years, for women with less than primary education it is just 17 years or younger. The gap is larger among younger women than older women. As the age at marriage
has increased, the proportion of single males and females aged 15-24 years has increased. Nevertheless in rural areas, as marriage continues to occur at very young ages, the proportion of
single adolescents is lower. In 2000, 95.6 per cent of teenage girls aged 15-19 years in urban areas were single, compared to 84.6 per cent of those in rural areas.
Figure 3.5.9: Percentage of women 20-24 years old who were married or in union before the age of 18 years by area, Indonesia 2000-2008
Source: BPS - Statistics Indonesia, based on the National Socio-Economic Survey 2000-2008
The data on child marriage in Indonesia as presented in this section indicate that whilst decreasing, the practice remains worryingly commonplace, especially in rural areas. In
implementing policies that increase access to education and in the enactment of the 2002 ILCP, the GoI has taken important initial steps in tackling child marriage, but these initiatives need to be
pursued and strengthened for a further significant decline to take place.
3.5.2.5 Child labour Here an overview of the situation of child labour in Indonesia is provided, presenting some data
that examines the prevalence of child labour as well as data on the nature of the work undertaken by children, and some information about the socio-economic profile of children in employment.
Child labour can be problematic for a number of distinct reasons. First, it contravenes a number of key rights such as the right to education, the right to play and recreation, and second children
in Indonesia are often employed in hazardous or illicit occupations that are detrimental to their health and well-being. However, it is important to note that societal attitudes tend to be tolerant
and accepting of child labour, especially that which takes place within family businesses.
The GoI ratified a number of ILO conventions No. 1051999 on Forced Labour, No. 1381999 on the Minimum Age for Admission to Employment, and No. 1822000 on the Worst Forms of Child
Labour. In addition, the GoI set up a National Action Committee on the Eradication of the Worst Forms of Child Labour in 2001, and the 2003 Manpower Law has provisions relating to child
labour. The worst forms of child labour relate to forced labour, recruitment in armed conflicts, prostitution and pornography, illicit trade and activities, and - in broader terms - activities likely to
harm children.
298
Those are treated separately below. There are some question marks about the regulation and monitoring of child labour provisions in
Indonesia. On one hand, all forms of hazardous work and ‘worst forms of labour’ are prohibited by law for those under the age of 18. Some forms of labour, however, are permissible and once
again the contradictions and lack of clarity that surround definitions of children in Indonesia become an issue with regards to child labour. The Law on Manpower
No. 13 , 2003 initially
defines children as persons below the age of 18 who are not allowed to be hired by employers. Further sections of the law, however, then stipulate that employers can hire 13- to 15-year-olds
for ‘light work as long as it does not hamper their physical, mental and social development’.
299
The lack of clarity is not helped by the fact that there is no legal definition of what constitutes ‘light work’ and further family enterprises are exempted from a large number of provisions, thus
creating uncertainty and potential loopholes. Other aspects of the Law on Manpower have more potential to contribute to child protection, notably in setting up a maximum number of three
hours of work per day, as well as important regulations concerning safe working conditions and environments for children in employment.
300
Whilst improved, the legal provisions regarding child labour are not satisfactory, and the lack of monitoring and enforcement lead to poor
compliance with the limited protection afforded by the law.
The data presented on child labour comes from the National Labour Force Survey SAKERNAS, Survei Angkatan Kerja Nasional, which is carried out twice a year. The survey is not designed
specifically to capture child labour information, and the data is not comprehensive for instance there is little data about children under 10 years old. However, the longitudinal aspects of
National Labour Force Survey make it an important source of information. The second source of data presented here is a specific module designed in conjunction with the ILO: the Indonesia Child
Labour Survey ICLS. The ICLS was incorporated into the 2009 National Labour Force Survey. Although only available for one year, the data from the ICLS provides in-depth information about
working children at that specific point in time.
Figure 3.5.10: Working children aged 5-17 years, Indonesia 2004-2009 thousands
Source: BPS - Statistics Indonesia and ILO, National Labour Force Survey 2004-2009
301
298 Ibid., p151 299 Ibid., pp22-23
300 Ibid., pp151-154 301 BPS - Statistics Indonesia and ILO 2010 Working Children in Indonesia 2009, BPS and ILO: Jakarta based on the National Labour
Force Survey; SAKERNAS, Survei Angkatan Kerja Nasional . The National Labour Force Survey
uses the term ‘working children’, a term used to refer to ‘children in employment’ or children who engage in any activity within the production boundary of the System
of National Account. The term ‘working children’ corresponds to ‘children in employment’, a standard terminology used by ILO. The National Labour Force Survey focuses on children aged 10-14 years. In 2001, with support from UNICEF, BPS - Statistics Indonesia also
collected and published information about children aged 5-17 years.
Per cent
0.00 5.00
10.00 15.00
20.00 25.00
30.00 35.00
40.00 45.00
23.64 3874
22.89 37.32
23.13 36.58
22.06 36.12
22.26 35.71
22.65 36.15
23.89 37.75
17.12 31.13
18.82 3346
2000 2001
2002 2003
2004 2005
2006 2007
2008
Year
Urban Rural
2009 2004
2005 2006
2007 2008
Year
3,591.3 3,271.0
3,446.3 4,538.9
4,186.5 4,314.2
4,800.0 4,300.0
3,800.0 3,300.0
2,800.0
Number thousand
THE SITUATION OF CHILDREN AND WOMEN IN INDONESIA 2000-2010 142
THE SITUATION OF CHILDREN AND WOMEN IN INDONESIA 2000-2010 143
Figure 3.5.11: Labour force participation rates of children aged 10-17 years, Indonesia 2004-2009
Source: National Labour Force Survey 2004-2009 Note: Labour force participation rates indicate the percentage of the total population of children aged 10-17 years who are in the labour force.
Figures 3.5.10 and 3.5.11 provide data about the labour force trends in Indonesia. Labour force data relate to all persons between the age of 5-17 years who are legally employed as well as
those engaged in the worst forms of child labour and those employed below the minimum age for employment.
302
Figure 3.5.10 shows the labour force trend in numbers between 2004 and 2009; the data indicate a steady increase in the total number of working children, including those
engaged in hazardous or ‘worst forms’ of labour. Although limited to the 10-17 years old age group, the general trend in child labour force participation rates reflect the trend in Figure 3.5.11,
that child labour peaked in 2007 where it comprised 13.18 per cent of the age 10-17 population. By 2009, over 12 per cent of 10- to 17-year-olds participated in the labour force, a two per cent
increase over 2004. The increases in numbers and participation rates among children as young as 10 in the labour force is a worrying trend in Indonesia. The remainder of the data presented are
derived from the ICLS and provide more detailed insights into the nature of the working activities undertaken by children aged 5-17 years old.
Table 3.5.1: Children aged 5-17 years by type of activity and sex thousands, Indonesia 2009
Source: Indonesia Child Labour Survey ICLS 2009, part of the National Labour Force Survey 2009
Figure 3.5.12: Percentage of children aged 5-17 years by type of activity and sex, Indonesia 2009
Source: Indonesia Child Labour Survey 2009
Based on data from the 2009 ICLS, Table 3.5.1 and Figure 3.5.12 indicate that children whose sole occupation is work account for 6.9 per cent of all children aged 5-17 years. Attending school is the
main and sole occupation for 45.3 per cent of Indonesian children, followed by attending school and contributing to household activities the four main housekeeping duties include: cleaning,
laundry, cooking and shopping. There are, however, some important gender disparities. More than half 53.6 per cent of boys attend school as their main and sole occupation, but only 36.5
per cent of girls are in the same category. Girls, however, are clearly expected to contribute to housekeeping, sometimes as their sole occupation 4.9 per cent compared to 2.2 per cent for
boys, but mostly in addition to schooling 45.3 per cent compared to 26.4 per cent for boys. Finally and most worrying of all, from the perspective of rights to play and recreation, 2.8 per cent
of children go to school, work and contribute to household duties 2.8 per cent in total, 3 per cent of girls and 2.6 per cent of boys, 2009 ICLS.
Figure 3.5.13: Percentage of working children by age group and total work hours, Indonesia 2009
Source: Indonesia Child Labour Survey 2009
Figure 3.5.13 provides data on the number of hours children work, and these data indicate that Indonesia’s working children work very long hours indeed. Children under 13 years old are not
supposed to work at all, but 4.2 per cent of those who work do so for more than 40 hours a week. Additional data from the survey indicates that children in this group attend school as well as work
over 40 hours a week.
302 In 2009, the Indonesian Child Labour Survey ICLS was incorporated into the National Labour Force Survey SAKERNAS. In addition to providing an overview of ‘working children’, the survey also obtained information about ‘child labour’. The operational deinition of
‘child labour’ used is “working children who engage in any kind of presumably hazardous works as indicated by working hours,” and it consisted of all working children 5-12 years old regardless of their working hours, children 13-14 years old working more than 15
hours per week, and children 15-17 years old working more than 40 hours per week.
Per cent
14.00 12.00
10.00 8.00
2004 2005
2006 2007
Year
2008 2009
10.93 9.27
9.84 13.18
11.87 12.10
Type of Activity
Children in economic activities Working
Seeking work Children not in economic activities
Total Working only
Working and schooling Working and housekeeping
Working, schooling, and housekeeping Schooling only
Schooling and housekeeping Housekeeping only
Idle children
Male
2,612.6 2,391.3
221.4 27,517.7
30,130.3 585.0
1,147.4 1,433.1
774.3 16,159.9
7,941.4 651.6
3,760.5
Female
1,915.8 1,661.5
254.2 26,791.1
28,706.9 101.6
988.1 1,423.6
851.8 10,491.5
13,014.8 1,417.6
2,973.2
Total
4,528.4 4,052.8
475.6 54,308.9
58,837.3 686.6
2,135.5 2,856.8
1,626.1 26,651.4
20,956.2 2,069.2
6,733.7
Per cent
10 20
30
Working Children Schooling only
Schooling and houskeeping
Type of Activity
Male Female
Total Houskeeping only
Idle children 40
50 60
7.9 5.8
6.9 53.
6 45.
3 36.
5 26.
4 35.
6 45.
3
2.2 3.5
4.9 12.
5 11.
4 10.
4
Per cent
0.0 10.0
20.0 30.0
40.0 50.0
60.0 70.0
80.0 67.0
0-15 hours 5-12 Years
16-30 hours 31-40 hours
40 hours 48.1
29.4 27.2
37.8 1.6
30.2 5.8
12.8 4.2
8.3 27.5
13-14 Years
Working Hours
15-17 Years
THE SITUATION OF CHILDREN AND WOMEN IN INDONESIA 2000-2010 144
THE SITUATION OF CHILDREN AND WOMEN IN INDONESIA 2000-2010 145
Figure 3.5.14 Percentage of working children by industry and age group, Indonesia 2009
Source: Indonesia Child Labour Survey 2009
Figure 3.5.14 indicates that the majority of working children, across all age groups, are employed in the agricultural sector, followed by commerce and manufacturing. There are, however, some
important gender differences. The overwhelming majority of boys work in the agricultural sector 66 per cent compared to 44.6 per cent of the girls who work. Girls, however, have more diverse
occupations, with substantial numbers working in trade and commerce 28 per cent for girls, compared to 12.8 per cent boys and 16.7 per cent of girls working in manufacturing, compared to
6.1 per cent of boys, according to the 2009 ICLS data.
Figure 3.5.15: Percentage of working children aged 5-17 years by employment status, Indonesia 2009
Source: BPS - Statistics Indonesia and ILO, based on Indonesia Child Labour Survey 2009
Figure 3.5.15 reveals that the overwhelming majority of working children are unpaid family workers 65.5 per cent and that only 34.5 per cent are remunerated for their labour. Additional
data indicate that the proportion of unpaid workers diminishes amongst the higher age groups: 82.5 per cent of those aged 5-12 years are unpaid workers, as are 81.5 per cent of those aged 13-
14 years and 57.8 per cent of those aged 15-17 years old.
Figure 3.5.16: Percentage of working children aged 5-17 years by place of work, Indonesia 2009
Source: BPS - Statistics Indonesia and ILO, based on Indonesia Child Labour Survey 2009
Finally, Figure 3.5.16 indicates that although child workers are primarily unpaid family workers, they nonetheless work mainly on plantations and farms rather than at family dwellings.
Additionally, substantial numbers of children work in environments that are often associated with hazardous work: 7.7 per cent work in mines, construction sites and quarries, while 8.2 per cent
work in mobile places, streets or traffic lights.
The information on child labour and working children in Indonesia paints a troubling picture where large numbers of children are working, often combining work with other chores or
activities, and that these numbers have been increasing since 2004. Other troubling facts include that Indonesia’s child labour laws are hardly stringent but in addition, they are clearly poorly
enforced. Under these conditions, the potential for exploitation and abuse under the guise of unpaid family work is clear.
A specific dimension of child work that deserves special consideration is that of domestic workers. Throughout the world, domestic work is mostly informal, mostly undertaken by women
and with few protections or regulations. There are approximately three million domestic workers in Indonesia.
303
Several studies on domestic work indicate that the majority of domestic workers are women, and that a large proportion of these workers are under the age of 18 estimates
range from approximately 25 per cent to approximately 50 per cent.
304
The ILO estimated the total number of child domestic workers to be approximately 700,000.
305
A report on domestic work in Indonesia by the ILO 2006 showed a marked reluctance by Indonesian society to
regulate domestic work, not least because domestic work is often approached and understood as pertaining to the domesticprivate sphere and therefore out of bounds from state interventions.
306
There is no data and little information about the prevalence of abuse amongst domestic workers but according to Amnesty International, “economic exploitation, poor working conditions and
gender-based discrimination” does take place, and “many [domestic workers] are subjected
Percent
15-17 Years 10
20 30
40 50
60 70
Others 9.9
5.3 2.4
6.1 3.4
4.3 Communyty,Social, Personal Services code 9
Wholesale trade, Retail Tr ade, Restaurant and Hotels
code6 Manufacturing Industry code3
Agriculture, Forestry , Hunting. And Fishery code1
13-14 Years 5-12 Years
19.3 18.4
18.3 10.8
8.4 10.7
53.8 64.6
64.3
Percent
15-17 Years 10
20 30
40 50
60 70
Others 9.9
5.3 2.4
6.1 3.4
4.3 Communyty,Social, Personal Services code 9
Wholesale trade, Retail Tr ade, Restaurant and Hotels
code6 Manufacturing Industry code3
Agriculture, Forestry , Hunting. And Fishery code1
13-14 Years 5-12 Years
19.3 18.4
18.3 10.8
8.4 10.7
53.8 64.6
64.3
303 BPS - Statistics Indonesia 2007 National Labour Force Survey 2006, BPS: Jakarta 304 Rosenberg, R. Ed. 2003 Trafficking of Indonesian Women and Children. ICMC and ACILS: Jakarta, p18
305 ILO, cited in: Human Rights Watch 2005 ‘Always on call: Abuse and exploitation of child domestic workers in Indonesia’, Human Rights Watch, Vol.17, No. 7C, available at http:www.hrw.orgenreports20050619always-call-0 Last accessed 9 October 2010
306 ILO 2006 Domestic Workers in Southeast Asia, A Decent Work Priority. International Labour Ofice: Jakarta, p9
Per cent
10 20
30 40
50 60
70
Employee Self-Employee
Employment Status
Unpaid famiy worker 24.2
10.3 65.5
THE SITUATION OF CHILDREN AND WOMEN IN INDONESIA 2000-2010 146
THE SITUATION OF CHILDREN AND WOMEN IN INDONESIA 2000-2010 147
to physical, psychological and sexual violence.”
307
As with other forms of ‘domestic’ violence, abuses which take place behind the closed door of the private sphere often go unreported and
mostly unpunished. Lack of regulation and effective protection are combined with societal attitudes that child domestic workers are vulnerable to harm and have little prospect of accessing
redress through formal or legal mechanisms.
Overall child labour remains a source of concern in Indonesia, but the setting up of the National Action Plan NAP on the Elimination of the Worst Forms of Child Labour 2002-2007,
accompanied by the establishment of a national committee to oversee its implementation, showed an important commitment by the GoI to tackle some of the worst aspects. The
implementation of this NAP involved stakeholders at national, provincial and district municipality levels. The central government developed the policy of institutionalising the coordination at
provincial and districtmunicipality levels. Currently, two provinces have enacted Provincial Regulations on the Worst Forms of Child Labour, 21 provinces have established Provincial
Action Committees and 72 districtsmunicipalities have established DistrictMunicipality Action Committee. The NAP also included information and awareness campaigns widely disseminated
through the media, the provision of family empowerment services, and capacity building through local programme development trainings and institution building. Lastly, the NAP also comprised
direct interventions through the provision of assistance to 45,111 children with non-formal training, vocational education programmes and rehabilitation.
The National Action Plan has produced some important advances, but an internal evaluation of the NAP activities identified ongoing challenges. First, data on child labour remains poor and
this in turn makes it difficult to allocate budget, devise and implement appropriate policies and responses.
308
Second, although coordination and cooperation between national and sub-national levels have improved, this is nonetheless a work in progress which needs further strengthening.
Capacity building and allocating sufficient budget for the fight against the worst forms of child labour remain priorities.
309
The same report further recommends the development of integrated sustainable programmes, the mainstreaming of child labour issues in education, and poverty
alleviation programmes to prevent child labour.
3.5.2.6 Sexual exploitation and trafficking The sexual exploitation of children in Indonesia relates to the prostitution of children andor
using children for the production of pornographic materials. The sexual exploitation of children is categorised amongst the ‘worst forms of child labour’ and represents a fundamental violation
of child rights.
310
The causes of child prostitution are complex, often deeply rooted in poverty and family economic pressures, but a wide range of risk factors also play a role such as migration and
displacement, inequality, discrimination, persecution, violence, armed conlicts, HIV and AIDS, dysfunctional family environments and criminal networks.
311
The expansion of the sex industry and demand factors also play important roles.
312
The harmful impacts of prostitution on children are multiple, including physical and emotional stress, early school leaving, increased susceptibility to HIV and AIDS and other STIs, unintended
pregnancy, as well as violence and social rejection.
313
The risk of HIV and AIDS infection is a particular source of concern since the 6-16 per cent of female workers who are HIV-positive are
usually infected within the first six months after initiating sex work, and young girls have less knowledge about HIV and AIDS and methods of protection than their older counterparts.
314
Prostituted children are also more likely to use alcohol and develop smoking habits.
315
Unsurprisingly, considering the underground and illicit nature of the sexual exploitation of children, it is difficult to evaluate the number of children who are prostituted in Indonesia. Adult
female commercial sex work in Indonesia is legal providing that it takes place in registered establishments. However informal and illegal forms of prostitution operate in parallel to legal
and regulated forms. Karaoke bars, massage parlours and street prostitution also exist. Data on the illegal forms of commercial sex work are difficult to establish. An in-depth analysis dating
from the late 1990s estimated that 30 per cent of women involved in prostitution were below the age of 18.
316
Since the same study estimated the number of commercial sex workers to be between 140,000-230,000, using 30 per cent as a benchmark this indicates that the number of
children victims of sexual exploitation ranges between 40,000-70,000.
317
There has been no new or updated data since this study was published in 1999.
There are some complex societal attitudes and behaviours towards commercial sex work in Indonesia, where some forms of adult prostitution are legal but also deeply morally
reprehensible. As was already lagged in the 2000 SITAN, silence about this ‘taboo’ subject tends to be the norm. Beyond silence, however, it is difficult to escape the notion that the prevalent
views about sex work and sex workers are negative, if not wholly hostile.
318
In a recent report by Save the Children 2010, attention was drawn to abusive practices towards commercial sex
workers including children who have been forced into prostitution during police raids seeking to clamp down on illegal prostitution.
319
On one hand, it is relatively well known that 30 per cent of sex workers are children, but there seems to be no policy of differentiating between children
forced into prostitution and adult sex workers, let alone efforts to attend to the needs of these sexually exploited children during these operations. Raids and the decision to clamp down on
prostitution tend to emanate from district governments seeking to ‘clean up’ and improve the moral standards of their localities.
320
The latter may be understandable, but abusive practices and the criminalisation of sex workers and children sold into prostitution far less so. This once again
underlines some of the challenges associated with efforts to introduce coherent child protection policies in the context of a decentralised country.
The complexities of attitudes and practices towards sex work and the sexual exploitation of children are also rooted in legal provisions that do not always promote the best interests of
children. It has already been noted that commercial sex work is legal for adult females provided it takes place within certain establishments. However, the system of legal protection is not as
307 Amnesty International n.d. Indonesia: Exploitation abuse - the plight of domestic workers, AI: Asia Pacific, available at: http: asiapacific.amnesty.orgaproaproweb.nsfpagesDW Last accessed 22 February 2011
308 Secretariat of the National Action Committee on the Elimination of the Worst Forms of Child Labour 2008 Report on the implementation of the national action plan on the elimination of the worst forms of child labour stage one 2002-2007 and stage two
, Secretariat of the National Action Committee on the Elimination of the Worst Forms of Child Labour: Jakarta
309 Ibid. 310 UNICEF 2004 The commercial sexual exploitation of children in Surakarta Central Java and Indramayu West Java, Indonesia,
UNICEF: Jakarta, pxii 311 UNICEF 2010 Children in Indonesia: Sexual exploitation, UNICEF: Jakarta, available at: www.unicef.orgindonesiaUNICEF_Indonesia_
Sexual_Exploitation_Fact_ Sheet_-_July_2010.pdf Last accessed 9 October 2010 312 Ibid.
313 UNICEF 2004 The commercial sexual exploitation of children in Surakarta 314 National AIDS Commission KPA 2009 UNGASS report
315 UNICEF 2004 The commercial sexual exploitation of children in Surakarta, pxviii 316 Irwanto, M. F., Anwar, J., Hendirati, A. and Sunarno, N. 1998 Situational analysis of children in need of special protection, Centre for
Societal Development Studies, Atmajaya Catholic University, Department of Social Affairs and UNICEF, Jakarta, cited in: UNICEF 2000 The situation of children 2000, p158
317 Save the Children 2010 Review report Indonesia, p141 318 There are some important local differences and in some areas sex work is more tolerated than in others, see: UNICEF 2004 The
commercial sexual exploitation of children 319 Save the Children 2010 Review report Indonesia
320 Ibid.
THE SITUATION OF CHILDREN AND WOMEN IN INDONESIA 2000-2010 148
THE SITUATION OF CHILDREN AND WOMEN IN INDONESIA 2000-2010 149
solid as it should be. On one hand, the prostitution of children whilst punishable by law remains poorly defined Article 81 and 82, 2002 ILCP. On the other hand, the failure to systematise and
harmonize the legal definitions of childhood and adulthood once again becomes problematic. As previously discussed, child marriage signifies the loss of legal status of child for females who
marry before they are 18, creating a grey area where it becomes unclear whether a married young girl can legally be prostituted or not. These legal grey areas are subject to varied or localised
interpretations of the law, which weaken child protection. Finally, in the field of legal protection, the GoI signed the Optional Protocol to the CRC on the sale of children, child prostitution and
child pornography, but has yet to ratify it. Ratification is essential to clarify and harmonize current policies as well as to strengthen protections where they are very weak, for instance with regards
to child pornography.
321
The stigmatisation and criminalisation of sexually exploited children is particularly harmful to children themselves as well as to the consolidation of child protection in this particularly
sensitive ield. However, as elsewhere in the word, long-standing challenges in dealing with sexual exploitation are being reprised and revisited and reformulated through the prism of
human trafficking. In this approach, those who are trafficked tend to be identified as victims and moral condemnation is extended to those who benefit, organise, facilitate or buy into trafficking.
In Indonesia, there is an emerging focus on two important aspects of the sexual exploitation of children: sex tourism and the trafficking of Indonesian children both inside and outside of
the country. According to the Directorate General of Tourism Destination Development of the Ministry for Culture and Tourism, there were nearly 14,000 child victims of sexual exploitation in
tourist destinations in 40 villages and six provinces of Indonesia.
322
The Directorate also identifies that Bali, West Nusa Tenggara, Central Java, Riau Islands, West Java and East Java have been
identiied as ‘top’ destinations for child tourism in Indonesia. So far, whilst there is evidence of child sex tourism taking place in Indonesia, this is not yet identified as a significant issue. Rather
the potential for Indonesia to become a child sex tourism destination is flagged, and this calls for preventative measures.
Although available data are insufficient, the trafficking of Indonesian adults and children is known to take place to countries such as Malaysia, Singapore, Japan and the Middle East, and
it is known that some of the victims of trafficking are coerced into prostitution. There are known factors that facilitate human trafficking and sexual exploitation, such as poverty, social acceptance
of child labour, child marriage and low education, as well as a poor record of birth registration as described earlier in this section.
As with child labour, the GoI adopted and implemented National Action Plans NAPs to elaborate and coordinate responses. In 2002 the GoI established two distinct NAPs by Presidential Decree,
one on the Eradication of Trafficking of Women and Children 2002-2007 Presidential Decree No. 882002 and one on the Elimination of the Commercial Sexual Exploitation of Children 2002-2007
Presidential Decree No. 872002. The Ministry for Women’s Empowerment commissioned an evaluation of these National Action
Plans.
323
The findings of the evaluation indicate a failure to allocate sufficient funds and that most of the programmes attached to the NAPs failed to be implemented. In addition, some important
321 ECPAT International 2004 Report on laws and legal procedures concerning the commercial sexual exploitation of children in Indonesia
, ECPAT: Bangkok 322 UNICEF 2010 Children in Indonesia: Sexual exploitation
323 Marshall, P. et al. 2008 Evaluasi pelaksanaan rencana aksi nasional pertama indonesia untuk penghapusan perdagangan perempuan dan anak P3A dan penghapusan eksploitasi seks komersial anak ESKA
, unpublished report.
advances were realised with trafficking but not with the elimination of the sexual exploitation of children. In terms of advances, the adoption of Law No. 212007 on the Eradication of the Criminal
Act of Trafficking Persons was a significant step forward. Further, national and sub-national task forces on the Prevention and Response to the Criminal Act of Trafficking in Persons have been
set up to implement programmes. Provincial and district task forces have started to become established in some provinces and districts. In addition, most of the provinces and some districts
have adopted regulations on trafficking, and outreach education work has been conducted in all 33 provinces of Indonesia.
324
Similar progress however, was not shown with regards to the Elimination of the Commercial Sexual Exploitation of Children. The GoI did little to underline the issue and it was clear that
the implementation of the NAP and related programmes was not a priority. One of the chief recommendations of the evaluation was that both trafficking and the elimination of the sexual
exploitation of children be combined to ensure better coordination, avoid overlapping or the duplication of programmes, and if possible to even out attention between the two issues. The
two NAPs have not only been renewed but the recommended combination has taken place through the setting of the NAP on the Elimination of the Criminal Act of Trafficking in Persons
and the Sexual Exploitation of Children. Important steps towards tackling the commercial sexual exploitation of children and trafficking have taken place in Indonesia, but these still
fall short of constituting a solid base for effective child protection initiatives. Legal protection needs to be strengthened notably with the ratification of the UN Optional Protocol and data
both on trafficking and the commercial sexual exploitation of children need to be gathered more systematically. The development of preventive programmes alongside responsive ones is
another area of priority not least through information and awareness raising, as well as through supporting the economic security of vulnerable households.
325
Finally, the National Action Plans need to be suitably funded and better implemented to enable coordinated responses, notably at
the sub-national level.