Author
Ms Tirtawening
Organisation/Institution
University of New South Wales, Faculty of Law & Justice
Country
AUSTRALIA
Panel
Children and Law
Title
Realising Article 12 in Indonesia: Participation Rights of Child CSA Victims and the Path Toward Justice Reform
Abstract
This paper examines how the participation rights of child sexual abuse (CSA) victims in Indonesia are systematically constrained within the justice process, with a particular focus on the police stage. Drawing on legal analysis and empirical research, the study forms part of a broader project on the role of police in facilitating access to justice for child victims. Using a child-rights-centred framework grounded in Article 12 of the United Nations Convention on the Rights of the Child (UNCRC), the paper evaluates the extent to which children are able to express their views and have those views meaningfully considered. Findings show that Indonesian CSA cases frequently fall short of realising children’s participation rights due to intersecting legal, procedural, institutional, and sociocultural barriers. Substantive legal definitions of sexual offences remain unclear, discriminatory, and influenced by gendered and religious moral frameworks. Narrow interpretations, such as defining rape only as intercourse outside marriage against women or girls, and the vague scope of “indecent act” offences, distort how children’s narratives are received. Procedural gaps, including fragmented child-friendly guidelines and the dominance of adults accompanying victims, reduce children’s ability to participate directly. Attitudinal and capacity gaps among police, such as limited understanding of children’s rights, adult-centric communication, and distrust of children’s accounts, further restrict meaningful participation. Additionally, gender norms and religious morality reinforce stigma, silence, and pressures for informal settlement. By mapping these multi-layered constraints, the paper argues that meaningful child participation in CSA cases requires more than legal reform. It demands a shift toward child-centred, gender-sensitive justice practices that recognise children as rights-holders and credible agents. Keywords: child’s participation right, child sexual abuse, access to justice, police procedure
Biography
Tirtawening is a PhD candidate at the Faculty of Law and Justice, University of New South Wales (UNSW), Sydney, Australia. She holds a Bachelor of Laws and a Master’s degree in Anthropology from the University of Indonesia. Her doctoral research examines access to justice for victims of child sexual abuse, with a particular focus on police reporting processes. Conducted in Jakarta, her fieldwork involves engagement with police officers, child victims, and support persons, including legal and psychological professionals. She is also an academic (currently on study leave) in the Department of Law, Society, and Development at the Faculty of Law, Universitas Indonesia. She teaches courses in Legal Anthropology, Gender and Law, Law and Society, and Sociolegal Methods. Her research interests include children’s rights, violence against women, access to justice, and migration.
