Factors Contributing to Neglect
Factors that may contribute to the occurrence of neglect include:
Individual factors
Systemic factors
Educational factors
Preventive measures may include maintaining public safety and order and increasing public awareness of legal rights and obligations, particularly the rights and obligations of husbands and wives under religious and applicable law.
Although women are more frequently identified as victims of domestic violence, the Indonesian Domestic Violence Law recognizes that any person within the household may be a victim.
Scope of the Household
Under Article 2 of the Domestic Violence Law, the scope of a household includes:
Husband, wife, and children;
Persons who have a family relationship with the husband, wife, or child through blood relation, marriage, breastfeeding, foster care, or guardianship, provided that they reside in the household; and
Persons who work in the household and reside in the household.
A person working in the household is considered a member of the family for as long as they remain within the relevant household.
Domestic Violence and Neglect
Domestic violence may result in criminal sanctions against family members who commit acts of violence. Such violence may be physical or psychological, as regulated under Article 5 of the Domestic Violence Law.
Physical violence under Article 6 includes acts that cause pain, illness, or serious injury. Examples may include slapping, kicking, or burning a person with a cigarette.
Legal Action in Cases of Domestic Violence
Under Article 26 paragraph (1) of the Domestic Violence Law, a victim has the right to report domestic violence directly to the police, either at the victim's current location or at the location where the offense occurred.
A victim may also authorize a family member or another person to make the report to the police on their behalf.
Where the victim is a child, a report may be made by the child's parent, guardian, caregiver, or the child themselves, in accordance with applicable laws and regulations.
Family members may also take other lawful measures to prevent the violence from continuing and to protect the victim.
The Community's Role in Preventing Domestic Violence
Under Article 15 of the Domestic Violence Law, members of the public have a role in preventing domestic violence within the limits prescribed by law. This includes:
a. Preventing the continuation of criminal acts;
b. Providing protection to victims;
c. Providing emergency assistance; and
d. Reporting acts of neglect within the household, whether committed by a husband or wife, where the conduct may constitute an offense under applicable law.
Neglect of a Wife and Children
Neglect may also include the failure to provide for a wife or child where a person has a legal, contractual, or other recognized obligation to provide a livelihood, care, or maintenance.
Article 9 of Law No. 23 of 2004 concerning the Elimination of Domestic Violence prohibits any person from neglecting a member of their household when they are legally obligated, or obligated by agreement or contract, to provide for that person's livelihood, care, or maintenance.
Protection of Children from Discrimination, Exploitation and Neglect
The protection of children from discrimination and exploitation is regulated under Law No. 23 of 2002 concerning Child Protection, as amended by Law No. 35 of 2014, and subsequently amended by Government Regulation in Lieu of Law No. 1 of 2016 concerning the Second Amendment to Law No. 23 of 2002 concerning Child Protection.
Prohibition of Child Exploitation
Under Article 76I of Law No. 35 of 2014, every person is prohibited from placing, allowing, ordering, participating in, or otherwise engaging in the economic and/or sexual exploitation of a child.
Children's Right to Protection
Under Article 13 paragraph (1) of the Child Protection Law, every child under the care of a parent, guardian, or any other person responsible for their care has the right to protection from:
a. Discrimination;
b. Economic or sexual exploitation;
c. Neglect;
d. Cruelty, violence, and abuse;
e. Injustice; and
f. Other forms of mistreatment.
How Lawyers Can Assist in Neglect Cases
A lawyer may assist clients in protecting the legal rights of spouses and children in cases involving neglect, domestic violence, and child protection.
Legal Advocacy
Advocating for the client's rights, including the rights of wives that must be respected and protected by their husbands and the rights of children that must be supported and cared for by their parents.
Legal Representation
Providing legal assistance and representation to clients in seeking protection and legal remedies concerning neglect.
Legal Research
Conducting legal research and reviewing relevant legal materials, including legislation concerning child protection and domestic violence.
Preparation of Legal Claims and Documents
Assisting with the preparation of legal claims and documents based on the applicable Child Protection Law and Domestic Violence Law.
Legal Advice
Providing legal advice within the scope of applicable laws and regulations concerning legal protection and remedies in cases of neglect.
Protection of Legal Rights
Ensuring that the client's legal rights are properly addressed under Law No. 35 of 2014 concerning Child Protection and Law No. 23 of 2004 concerning the Elimination of Domestic Violence.
Legal Basis
