Lessons Learned From Child Protection Rights in Religion Paradigm and National Law

Abstract

This study aims to provide learning about child protection as one of the human rights in the paradigm of Islam and national law in Indonesia. The research method using legal studies refers to religious provisions and seven related laws and regulations, namely; Legislation no. 4 of 1979 on child welfare; Legislation no. 23 of 2002 concerning child protection; Legislation No. 11 of 2012 concerning the Juvenile Criminal Justice System (UUSPA); Legislation No. 39 of 1999 concerning Human Rights; Legislation No. 10 of 2012 concerning Ratification of the Optional Protocol to the Convention on the Rights of the Child; and Legislation no. 1 of 2000 concerning Ratification of ILO Convention No. 182 Regarding the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour; Code of Civil Law. The focus of this research is on obtaining protection from human rights violations and the right to 12-year compulsory education. The findings reveal two main topics. First, the Islamic religious paradigm views child protection as a child's human right who has a noble position, God's mandate for parents, and a form of piety to God. Second, national law makes children's human rights in care for life, education, and the responsibility of both parents based on court decisions. The conclusion is that child protection in the paradigm of religion and national law is a form of responsibility, has educational rules, and legal provisions that cannot be separated from the elements of human rights. The expected implication is that the government includes values about child protection in the national education curriculum in order to provide lessons about the importance of children's human rights to create a better future generation.