Perlindungan Hak Anak dalam Konteks Hukum Positif: Analisis Pasal 28B Ayat 1 dan 2 UUD 1945

The Indonesian Constitution, enshrined in the 1945 Constitution, guarantees fundamental rights for all citizens, including children. Article 28B, specifically, stands as a cornerstone for safeguarding the rights of children, emphasizing their right to develop and participate in society. This article delves into the provisions of Article 28B, analyzing its implications for child protection within the framework of Indonesian positive law.

The Right to Develop and Participate

Article 28B, in its first paragraph, states that "Every person shall have the right to develop himself and his personality." This provision recognizes the inherent right of every individual, including children, to grow and flourish in all aspects of their being. It encompasses the right to education, healthcare, and access to opportunities that foster their physical, mental, and social development. This right is not merely a passive entitlement but an active obligation on the part of the state and society to create an environment conducive to the holistic development of children.

The Right to Participate in Society

The second paragraph of Article 28B further emphasizes the right of every person, including children, to participate in society. It states that "Every person shall have the right to participate in government." This right extends beyond mere political participation and encompasses the right to voice opinions, express concerns, and engage in decision-making processes that affect their lives. Children, as active members of society, have the right to be heard and considered in matters that pertain to their well-being.

The Role of Positive Law in Protecting Children's Rights

The provisions of Article 28B serve as the foundation for a comprehensive legal framework for child protection in Indonesia. This framework encompasses various laws and regulations that aim to ensure the realization of children's rights. For instance, the Child Protection Law (UU No. 23 Tahun 2002) provides specific provisions for the protection of children from exploitation, abuse, and neglect. It also establishes mechanisms for reporting and addressing child rights violations.

Challenges and Opportunities

Despite the robust legal framework, challenges remain in ensuring the effective protection of children's rights in Indonesia. Poverty, lack of awareness, and cultural practices can hinder the full realization of these rights. However, the recognition of children's rights in the Constitution and the existence of specific laws provide a strong foundation for addressing these challenges.

Conclusion

Article 28B of the 1945 Constitution serves as a powerful instrument for safeguarding the rights of children in Indonesia. It recognizes their right to develop and participate in society, laying the groundwork for a comprehensive legal framework for child protection. While challenges remain, the commitment to upholding these rights through legislation and social awareness is crucial for ensuring a brighter future for all children in Indonesia.