Synergize PKSA with Local Government welfare programs

4.1.4 Increase Legal Framework as Legal Basis for PKSA

There is no evidence to support that PKSA has strengthened the legal framework as its legal basis.The program’s guidelines do not specify the kinds of legal framework PKSA intends to increase and how it will be achieved. At national level, the continuity of PKSA as a national program is regulated by ministerial regulations derived from the 2009 Social Welfare Act. The regulations define how the program should be managed and organized from central level down to district and community levels. They do, however,not include any assurance that PKSA will be funded adequately and reliably. PKSA Guidelines are the legal framework to maintain consistency of services and program management. Unfortunately, the current guidelines are not fully used as a reference for guiding PKSA implementation at various levels. At local level no legal framework for PKSA interventions has been established see chapter 4.1.3. The current development with the enactment of two new regulations Undang-undang Sistem Peradilan Anak Child Court System Act and the Presidential Decree on the Empowerment and Protection of Women and Children in Conflict Situation in 2014 provide opportunities for PKSA to strengthen its significance and gain more political support. The Juvenile Court System Act promotes the implementation of community-based care as a main model to rehabilitate child perpetrators. This approach that has been introduced and implemented by PKSA in the cluster children in contact with the law. Under the new law, children who were convicted for less than 7 years imprisonment should be rehabilitated in community-based residence. The latest Presidential Decree stresses the need for proper services to assist children in conflict situations. In line with this decree PKSA has established a cluster to assist children in need for special protection, including children that are the victims of natural disasters or social conflicts. PKSA needs to develop structures and capacities to meet the tasks and responsibilities created by the decrees mentioned above. With regard to children in contact with the law, it is crucial to clarify and strengthen social worker’s mandates through development of new regulations and MOU with relevant ministries. Many social workers in this cluster expressed their concerns over the lack of acknowledgment from officers 4. ASSESSMENT OF PKSA EFFECTIVENESS, IMPLEMENTATION PERFORMANCE, EFFICIENCY, RELEVANCE AND SUSTAINABILITY 28 Rapid Assessment of the Child Social Welfare Program PKSA of other departments toward social worker’s roles, responsibilities and mandates. It is appreciated that LKSAs e.g. in Magelang are developing facilities that can function as community-based detention centers In addition, PKSA, through MoSA, needs to monitor and control the implementation of regulations and practices at local level in order to prevent the violation of children’s rights. These include intensive ‘sweeping’ of street children found in Surakarta, Makassar, and North Jakarta, schools policies to expel students found to be in contact with the law, and school practices that are unfriendly for the children who are victims of abuse. To conclude, the PKSA objective to strengthen the legal framework has been achieved only partly. The program needs to develop, advocate, and enforce more lawsregulations at both central and local levels that protect and promote children’s rights. At the same time, the program needs to respond to the increased opportunities that are provided by the new laws. 4.1.5 Increased Number of Neglected Children including under 5, Street Children,Children in Contact with The Law, Children with Disability and Children in Need of Special Protection, Who Are Able to Access Basic Services Increased access to basic services is one of PKSA objectives to ensure the fulfillment of child rights and child protection. The program provides cash transfers through beneficiary’s saving accounts that can be used to access the services. Currently, each beneficiary receives annually IDR1 million compared to IDR 1.2-1.5 million in earlier years. To monitor the progress, MoSA started a verification system in 2014. However, up to the time when the report was written, the study team was unable to obtain results from PKSA’s monitoring activities. The fieldwork found that the number of children with access to basic services increased after they joined PKSA. Education was accessed by most school-age children in most areas and clusters. Cross-checking with teachers confirmed that their school attendance rates were considered high 85 or above. Interviews with social workers and heads of LKSAs indicated that the number of children with birth certificates grew

4. ASSESSMENT OF PKSA EFFECTIVENESS, IMPLEMENTATION PERFORMANCE, EFFICIENCY,

RELEVANCE AND SUSTAINABILITY 29 Rapid Assessment of the Child Social Welfare Program PKSA