Legal Aspects of Abandoned Children: Legal Protection and Responsibilities of the Regional Government of Karawang Regency

As time goes by, there are increased cases of child neglect due to parents who want to run away from the burden of their responsibility to care for their children. Legal protection policies for abandoned children that have been applied so far tend to only add to their shortcomings without paying attention to the wider impact. This is because laws that are supposed to protect the basic rights of abandoned children are struggling with their own problems. This research uses research methods with the approach technique used is Normative Juridical. The approach used is a conceptual approach and a statue approach using primary, secondary and tertiary legal materials. Legal material analysis uses the nature of prescriptive analysis, which is to provide arguments for the results of research that has been done by providing prescriptions or judgments about right or wrong or what should be according to law against legal facts or events resulting from research. The results showed that the Constitution mandates the state to realize welfare as stated in the Articles in the Constitution. The function of the State in caring for abandoned children can be realized if the government as a policy maker and / or legislation must take sides and pay attention to various problems of abandoned children in Indonesia. The responsibility of the local government of Karawang Regency from the juridical aspect towards abandoned children relates to Regional Regulation Number 8 of 2012 concerning the Implementation of Social Welfare, which is carried out in two ways or steps, Coaching, and Advanced Development. The Karawang Regency Social Office collaborated with other elements.


INTRODUCTION
Children have a position that when viewed is based on social, cultural, economic, political, legal aspects or based on the sustainable development of a family, tribe, and nation (Maidin Gultom, 2008).Children get a position as a trust as well as a gift of God.On this basis, it is attached to him human rights as human beings that should be upheld as high as possible (Prinst Darwin, 1997).Viewed based on the constitution, that children are the future of the nation and the next generation at the will of the nation.Therefore, a child has the right to survival, growth and development, education, participation and the right to be protected from violent crimes and discrimination that may occur.
Viewed from a social perspective, children are honor, family dignity depends on the attitude and behavior of children to achieve, from culture, children are treasures and wealth that should be maintained and at the same time are a symbol of fertility of a family (Fitriani, 2020).
Viewed from other perspectives, for example the political perspective that children as the successor of the nation and the successor of the development of a country, while the economic perspective will see children as a gift that the more children the more sustenance.The legal perspective (Fitriani, 2016), seeing the child as an heir because of his position, gets the same position and position before the law, as an heir because of his position, as well as a legal subject attached to him all rights and obligations (Wiryani, 2021).
Questions about children are usually concerned with the protection and fulfillment of the child's rights.However, it is more complex than that when the child in question is an The existence of abandoned children is closely related to poverty conditions in a particular region.The increase in abandoned children in an area, then its existence can be an indicator of poor families (Astri, 2014).Poverty creates many vagrants and beggars, where they make public facilities an arena of life, such as in markets, under bridges, sidewalks, and other public open spaces.
The handling of abandoned children, in general, is often used by a few parties to be used with certainly not based on responsibility, morals, and even violating the human rights of the child himself.Abandoned children tend to be used as street beggars, kept for acts of sexual violence (rape and sodomism), and worse for murder or mutilation (Edi Suharto, 2012).In fact, abandoned children should also have the right to grow and develop life in a more decent direction and participate reasonably, in accordance with human dignity and dignity, and protection from power and discrimination.The phrase "abandoned child" can be found in the Constitution of the Republic of Indonesia Year 1945 (hereinafter referred to as the Constitution of the Republic of Indonesia).
It is stated in Article 34 paragraph (1) of the Constitution of the Republic of Indonesia, that "... abandoned children are cared for by the state" (Sukadi et al., 2020).The phrase clearly presents an obligation for the state in seeking welfare for all abandoned children throughout Indonesia.
The obligations and responsibilities of the state in seeking the guarantee and protection of the basic rights of abandoned children should especially be seen as part of the mandate of the Indonesian Constitution.
The problem of abandoned children is not a new problem and generally occurs in densely populated areas.Responsibility in terms of efforts to protect and fulfill the basic rights of children is not the responsibility of the Government, which in this context is the Central Government.However, more than that it has become the responsibility of all Indonesian citizens.
As we understand, the context of Government is also interpreted broadly with the meaning of Regional Government (Darmini, 2021).The expansion of this meaning is a logical consequence of the adherence to the division of power between the Center and the Regions.
That since the existence of regional autonomy, a new round of Indonesia's constitutional system began, where the Regional Government has its own control over its regions.
Karawang Regency as part of the Central Government, referring to the latest data in 2015, was recorded to have 5,845 abandoned children.Abandoned children fall into the category of children who have social problems.A child is said to be abandoned, it turns out not only refers to a situation where there is no parent or guardian, but it turns out to be broader than that, it also includes a situation where the child's basic rights such as the right to grow and develop, the right to education, and the right to adequate health services, are not fulfilled the basic rights of children caused by negligence, parents/guardians' incomprehension, and incompetence and willfulness (Khorunnisa et al., 2020).
This social welfare problem is a challenge for the Regional Government of Karawang Regency (Regional government of Karawang regency) to carry out the mandate of the Indonesian Constitution as well as part of the success in carrying out the spirit of reform in the field of regional autonomy.Moreover, to prosper and strive for guarantees of children's basic rights as part of human rights.The problem of abandoned children is also complex, because later it will have implications for the eventual development of an area.
Based on the background above, the main problem that will be discussed in this study is to try to see from the legal aspect, especially regarding legal protection and the responsibility of the Karawang Regency Regional Government towards the existence of abandoned children.

RESEARCH METHOD
To direct the examination, the approach is fundamental to finding answers to the problems presented in the exploration.In connection with this, the exploration techniques in this investigation are as follows.First, the approach technique used is Normative Juridical (Soerjono Soekanto & Mamudji, 2019).It is carried out by examining and presenting theoretical matters such as conceptions, doctrines, regional approaches and legal norms (Butarbutar, 2018) related to abandoned children in child protection.Furthermore, the research specifications used in this study are analytical descriptive, namely this research is intended to provide data that is as thorough as possible about the problems discussed to analyze the data obtained to answer problems (Ibrahim, 2012).Meanwhile, the types and sources of data used are, primary legal materials are binding legal materials and consist of normative rules related to existing legal issues.Primary legal material used in this writing.Secondary legal materials are legal materials that provide explanations of primary legal materials such as books, journals / scientific papers and internet sites.As well as tertiary legal materials, legal materials that provide instructions or explanations to primary legal materials and secondary legal materials (Marzuki, 2013).
Data collection techniques are carried out by means of library research, namely research carried out by examining library materials or so-called secondary data (Muhammad, 2004).The secondary data used in writing this research was obtained from privately owned books and loans from libraries, journals / scientific papers obtained from internet sites and statutory documents.
Data analysis conducted in this study using qualitative data.Qualitative data analysis means describing quality data in the form of regular, consecutive, logical, non-overlapping and effective sentences to facilitate data interpretation and understanding of analysis results.This qualitative data analysis method is used so that the author can focus more on understanding and reviewing legal and statutory materials related to the topic that is the title of this paper (Sugiyono, 2019).

Legal Aspects of Protection and Responsibility towards Abandoned Children
The Indonesian state already has several regulations to provide protection, welfare, and fulfillment of children's basic rights.The founding father of the Indonesian nation, has actually formulated a concept of welfare state (Yohanes Suhardin, 2007), where the government is responsible for realizing social justice, general welfare and the greatest prosperity of the people, as contained in the preamble which states that, the state protects the entire Indonesian nation and all Indonesian bloodshed, promotes general / common welfare, educates the life of the nation, plays an active role in implementing World order based on freedom, lasting peace and social justice (Fartini, 2018), in this case the rights of children are one of the rights that must be considered.Then, in the scope of the region there is a Regional Regulation of West Java Province Number 3 of 2006 concerning Child Protection.Regional regulations are present to realize welfare for children, treatment and opportunities are needed in accordance with the needs of children in various areas of life to increase protection of children without discriminatory treatment.Then, Karawang Regency as an integral part of the Central Government, also formed Karawang Regency Regional Regulation Number 8 of 2012 concerning the Implementation of Social Welfare (hereinafter referred to as Karawang Regional Regulation on Social Welfare).

The
The regional regulation is a way out and provides legal certainty to the people of Karawang.
However, the Karawang Regional Regulation on Social Welfare does not focus on the problem of abandoned children.
Local governments also actively participate by making regulations that support child protection.Because children need an environment that is conducive to their physical and psychological development.Of course, the role of the Central Government and Regional Government, in the case of the regional government of Karawang regency, is very much seen from the many strict regulations on child protection.Not only that, all aspects that are felt to be related to the rights of children must also be stipulated by rules such as the elimination of domestic violence, marriage, employment, social welfare, citizenship and even the national education system.This proves that the role of the state is to protect the nation's children in every aspect.

Local Government Responsibility for Child Neglect
One of the objectives of the Republic of Indonesia is to realize welfare for all Indonesian people.The responsibility is imposed on the government to promote the welfare of the people and must ensure that every citizen achieves welfare based on a minimum standard of living that is decent for humanity (MR & Muhammad Anis, 2022).In particular, the constitution pays special attention to the welfare of abandoned children as part of the state-government responsibility.
According to the big dictionary Indonesian responsibility is a state where it is obliged to bear everything, so it is obliged to bear, bear responsibility, bear everything or give responsibility and bear the consequences.While government is the power to govern a State, region, region; the highest body which is something of the State such as the cabinet, managers and managers (Ade Kurniawan, Heryani, 2021).
The welfare of abandoned children can be said to have succeeded if abandoned children have fulfilled their basic rights, there are 6 criteria for children's basic rights in general, namely: The right to care, the right to education, the right to get protection and attention, the right to get recognition, the right to get health services, and the right to get food.
One of the development goals in Indonesia is to realize real, dynamic, and responsible decentralization and regional autonomy.The emphasis of decentralization and regional autonomy is placed on districts/cities.The authority given by the central government to local governments, in this case the Karawang Regency Government, certainly gives birth to the obligation and responsibility to meet the needs of the basic rights of abandoned children, in accordance with the mandate of the constitution of this country as a guarantee for the people of Indonesia.The Regional Government of Karawang Regency which has responsibility for abandoned children in Karawang Regency, then the local government must provide handling in accordance with the needs of the rights of these abandoned children (Martinesya, 2017).
Abandoned children are included in people with social welfare problems because they are children whose needs are not met reasonably, both physically, mentally, psychologically and socially.Karawang Regency is expected to become a pilot project for Child Decent City (KLA) for all districts / cities in West Java.With the establishment of Karawang as a Project, Regencies / Cities in West Java will follow him.Among the 5 Child Decent Cities in Indonesia, in West Java province only Karawang has been declared ready to become a Child-Friendly City.
This of course must be followed by other districts / cities in West Java.Creating a city that is suitable for children has become the government's obligation.The need for coordination and synchronization between the central government through provincial and regional governments (Regency / City governments).In addition, it requires increased policies from the government in terms of protection of the rights of abandoned children.In the Regional Regulation of Karawang Regency Number 8 of 2012, it is regulated in detail regarding the steps that will be taken by the local government in fostering and overcoming the problem of abandoned children or street children, vagrants, beggars and buskers who are increasing day by day, in carrying out the construction certainly does not run as easily as expected and aspired in the regional regulation.On the other hand, the Karawang Regency Government will also face various obstacles that are part of the challenges in efforts to carry out the coaching.
As in the Regional Regulation of Karawang Regency Number 8 of 2012 that the form of guidance that has been implemented by the Karawang Regency Government through the Karawang Social and Disaster Management Office there are several forms of guidance, namely: 1. Guidance consisting of coaching (Prevention, Continuation, and Social Rehabilitation Efforts, 2. Empower by example, and 3. Ongoing guidance. The active role of the government is needed to unite, synergize, and multiply forces to win the war against poverty and save the future of the nation's generation (Sukadi, 2013).The role of the government referred to here is to unite and mobilize all layers at every level of state.
From the very top, namely policy makers to the level of policy implementers, both inside and outside the government.

Child Protection for Abandoned Children in Karawang Regency
Legal protection for children has a broad spectrum.In various documents and international meetings, it is seen that the need for legal protection for children can include various aspects, namely (Sutatiek, 2015): protection of children's human rights and freedoms, protection of children in judicial processes, protection of child welfare (in the family, education and social environment), protection of children in issues of detention and deprivation of independence, protection of children from all forms of exploitation (slavery, child trafficking, prostitution, pornography, drug trafficking/abuse, exploitation of children in committing crimes and so on), protection of street children, protection of children from the consequences of war/armed conflict, protection of children against acts of violence.
Every child has the right to protection both physically and mentally in order to have survival, grow and develop into a good person and be free from violence, exploitation and even neglect (Maidin Gultom, 2008).Children are the next generation of the nation, which can determine the fate of the nation for the future.They are very much expected to bring a nation to be even better with their presence (Safira & Margo Hadi Pura, 2022).Therefore, the government and society must also support for the future of children to become outstanding children for the nation, because in essence children are a priceless gift that we can form to provide progress and goodness both in the sustainable perspective of a generation of families, tribes, and nations.
Legal protection can be interpreted as any form of protection that is regulated and based on laws and regulations based on legal certainty.According to Satijipto Raharjo, legal protection provides protection for human rights that are harmed by others and that protection is given to the community to enjoy all the rights provided by law.
According to the Regulation on Child Protection, child protection is all activities to guarantee and protect their rights to live, body, develop, and participate optimally in accordance with human dignity and dignity, and get protection from violence and discrimination.
Child protection is an effort and activity of all levels of society in sharing positions and roles, which realizes the importance of children's roles for the archipelago and the nation in the future.If they have matured in their physical, mental and social growth, it is time to replace their previous generation.Child protection is a form of justice in a society; therefore, child protection is sought in various fields of state and community life.Child protection activities carry legal consequences, both in terms of written and customs conventions (Maidin Gultom, 2008).
Law of the Republic of Indonesia Number 23 of 2014 concerning Regional Government has stipulated the division of affairs in various fields of government affairs, including education, health, and public services, stipulating that the authority owned by the district/city local government is to try to fulfill everything that is the basic rights of the child himself.For example, in the right to education, the Regional Government of Karawang Regency is obliged to strive for basic education for even abandoned children (Irwan Sandi, 2016).Besides education problems, no less important problems experienced by abandoned children are health problems.Because the place they occupy is just any place that is not suitable for habitation, so that at night they feel cold, while when they are hot during the day.As we all know, one of the factors that causes children to become abandoned is poverty.Poverty is a portrait of a nation's failure to prosper its citizens.
Coaching, and Advanced Development.The Karawang Regency Social Office collaborated with other elements.
abandoned child.Meanwhile, the definition of abandoned children as mentioned in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection (hereinafter referred to as Regulations on Children) states in Article 1 number 6 that abandoned children are children whose needs are not met reasonably, both physically, mentally, spiritually, and socially.Abandoned children are essentially children who are included in vulnerable groups and need legal protection (children in need of special protection) (Bagong Suyanto, 2010).
Constitution of the Republic of Indonesia has actually placed the position and position of children (including abandoned children) in a protected position and entered into the phrase and meaning of "the entire Indonesian nation", which because of its position and position as the next generation of the nation, children including abandoned children as the nation's generation must receive protection and fulfillment of their rights as an integral part of human rights and citizens.Furthermore, as in Article 28B paragraph 2 of the Constitution of the Republic of Indonesia that every child has the right to survival, growth, development, and the right to protection against violence and discrimination(Fahlevi, 2015).Then, for abandoned children, the Constitution of the Republic of Indonesia has provided a legal framework in the form of guarantees and legal protection contained in Article 34 of the Constitution of the Republic of Indonesia, ".... abandoned children are cared for by the state".This implies that children are legal subjects of national law that must be protected, nurtured and fostered to achieve child welfare(Tedy Sudrajat, 2011).In other words, the child is the responsibility of the government and society.In this context, Indonesian national law is a unity of laws or regulations built to achieve state goals based on the Preamble and Articles of the 1945 Constitution.Because, in the Preamble and Articles of the 1945 Constitution it has the purpose, basis, and ideal of Indonesian state law.The fulfillment of children's rights, referring to historical juridical records, began in 1970, before the ratification of the Convention on the Rights of the Child (CRC) in 1990.With the birth of Law Number 4 of 1979 concerning Child Welfare (hereinafter referred to as the Child Welfare Regulation of 1979), it shows that the protection of child welfare begins and becomes the beginning of a reference in policy making on child protection.However, the presence of the 1979 Child Welfare Regulation was still insufficient in providing protection for children's rights in Indonesia, there are still many records on the issue of protection of children (Apriyanita, 2017).human rights and freedoms of children, protection of children in judicial processes, protection of child welfare (in the family, education and social environment), protection of children in matters of detention and deprivation of liberty, protection of children from all forms of exploitation (slavery, trafficking of children, prostitution, pornography, trafficking / abuse of drugs, exploitation of children in committing crimes and so on), protection of street children, protection children from the consequences of war/armed conflict, protection of children against acts of violence.Indonesia ratified the International Convention on the Rights of the Child (Convention on the Right of the Child), the Convention ratified through Presidential Decree No. 36 of 1990 has not been able to lift the deterioration of the situation of Indonesian children.Then after the ratification of KHA Indonesia passed Law Number 3 of 1997 concerning Juvenile Justice and Law Number 23 of 2002 concerning Child Protection(Sugianto, 2013).In the Child Protection Law Number 23 of 2002 it is stated that child protection is all activities to guarantee and protect children and their rights to live, grow, develop, and take part, optimally by human dignity and dignity, and protection from violence and discrimination.Although legal construction has been owned, during the Regulation on Child Protection has not been able to run effectively to provide legal protection for abandoned children, due to many factors that affect the fulfillment of children's rights, especially economic factors(Komang Krisna Prema, Anak Agung Sagung Laksmi Dewi, 2022).For effective supervision of child protection implementation, an independent institution is needed that is expected to support the Government and Local Government in the implementation of child protection.In addition to the above regulations, other regulations provide protection and guarantees for the basic rights of children.The regulations referred to in this context are regulations that are hierarchically under the Constitution of the Republic of Indonesia and the Law.Government Regulation Number 2 of 1988 concerning the Welfare of Troubled Children, is present in order to provide legal certainty for children as shoots of the nation who are the next generation in the development of the nation and State and as people who cannot stand alone, efforts need to be made to realize the welfare of children so that they can grow and develop reasonably both spiritually, physical and social.