THE CUSTOMARY LAW DILEMMA IN PROVIDING LEGAL PROTECTION TO CHILD LABORERS IN WEST PAPUA

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Dian Mega Erianti Renouw
Anisah

Abstract

Child laborers, notably in informal sectors, are often exploited and received physical violence. Indeed, they often come from low-income families with parents undergoing highly economically challenged situations and other limitations (low education, minimum wages, malnutrition, and low healthiness). The research used juridical-normative and juridical-empirical methods. The research shows that the role of custom in West Papua has not been beneficial in protecting children who are victims of exploitation. The admitted customary leaders do not have the legal power to be adhered to. Indonesian positive law that has and should ensure legal certainty has not also been enforced well in West Papua Societies. Law Number 23 of 2002 concerning Child Protection, Article 13, Paragraph 1b, has not been firmly implemented in Indonesia’s remote areas. This is because the number of law enforcement personnel is limited. Customs can be given a role in providing legal protection by introducing customary institutions admitted by the government. With a partnership of customary people and the government, legal fairness will occur in every detail of Indonesia and be felt by all Indonesian people.

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How to Cite
Dian Mega Erianti Renouw, & Anisah. (2022). THE CUSTOMARY LAW DILEMMA IN PROVIDING LEGAL PROTECTION TO CHILD LABORERS IN WEST PAPUA. JournalNX - A Multidisciplinary Peer Reviewed Journal, 8(8), 58–67. https://doi.org/10.17605/OSF.IO/D7YA8