THE ARRANGEMENT OF CHILD PROTECTION INSTITUTIONS IN INDONESIA BASED ON THE 1945 INDONESIAN CONSTITUTION

Children have constitutional rights as stipulated in the 1945 Indonesian Constitution. The implementation of children's rights requires the formation of institutions that protect children's rights in accordance with the 1945 Indonesian Constitution and how the existence of child protection institutions that have been in Indonesia today. The research aims to provide the basis for the establishment of child protection institutions and the arrangement of child protection institutions in Indonesia. This research method uses normative research with a statute approach. The results of this study indicate that the implementation of child protection requires special institutions. The existence of two child protection institutions, namely The Indonesian Children Protection Commission (ICPC) and a National Commission for Children Protection (NCCP), require institutional arrangements so that authority does not overlap.


Introduction
There are three child protection institutions in Indonesia, which are the Indonesian Children Protection Commission (hereinafter referred to as ICPC), the National Commission for Children Protection (hereinafter referred to as NCCP), and the Indonesian Children Protection Agency (hereinafter referred to as ICPA). The three institutions have an important role in protecting children from all forms of violence that can harm children as the nation's next generation. Commission.
Prior to the existence of the Children Protection Law which was also the basis for the formation of the ICPC by the government, in 1997 ideas began to emerge about the importance of establishing an institution that plays a role in children protection.
This is because at that time there were many cases of violence against children.
Therefore, as a follow-up to this case, based on the Decree of the Minister of Social formed by a number of activists and government officials at the regional level.
Hierarchically, the presence of ICPC is higher than that of NCCP because ICCP is an institution formed by the government based on a law, while NCCP is a Non-

Governmental Organization (NGO) formed based on a Decree of the Minister of Social
Affairs. So as an official government agency, ICCP has the obligation or responsibility to accommodate all cases related to deprivation of children's rights as a form of protection. However, when viewed from the point of view of its initial establishment, NCCP was established earlier, which was established in 1998, than ICPC, which was established in 2002. This research attempts to make a comparison of the two commissions regarding the authority to supervise and protect children. This is because, from the media reports, the two commissions are fighting for each other's existence in providing supervision and protection for matters relating to children's rights.
In 2017, the Chairperson of the Fulfillment of Children's Rights said that as determined through the extraordinary national forum that NCCP had changed its new name to ICPA. ICPA was the first name used when this institution was first formed.
The return of the name from NCCP to ICPA aims to avoid dualism and misunderstanding between NCCP and ICPC, which is official government institution.
This forum also resulted in a decision to revoke the mandate given to Arist Merdeka Sirait, who was previously the chairman of NCCP.
However, NCCP is still standing and chaired by Arist Merdeka Sirait. The chairman of NCCP emphasized that the organization he leads is an official 1. What is the constitutionality of establishing a children protection institution?

How should the institutional arrangement for children protection in
Indonesia be structured?

Type of Research
The research was conducted on ICPC and NCCP as objects of analysis. Therefore, the type of research used in this study is normative legal research. Normative legal research is research focused on studying the application of positive legal norms or norms (Jonaedi " Efendi and Johnny Ibrahim, 2018

Research Approach
In this study, a research approach was used to answer the formulation of problems related to the legal issues discussed. There are two approaches that are considered capable of being part of the analytical instrument in this study. The research approaches are: 1) Legislative Approach (Statute Approach), this approach is carried out by examining all laws and regulations related to the legal issue being handled (Marzuki, 2015). Because normative legal research is always closely related 2) Conceptual Approach (Conceptual Approach) is a study of legal concepts such as sources of law, legal institutions and so on. This approach comes from the views and doctrines that have developed in legal science (Johan Nasution, 2008). In addition to a statutory approach, a supporting approach is also needed to strengthen the analysis of legal issues, and a conceptual approach is also carried out. ICPC and NCCP are two institutions that have the same interest, namely providing protection for children. Therefore, it is necessary to have the right concept through the views and doctrines of legal experts to make arrangements for the existence of children protection institutions in Indonesia.

Legal Material Sources
Primary legal materials are the main legal materials used in normative legal research. The primary legal materials from this research are:

1)
The 1945  Secondary legal materials are legal materials that assist or support primary legal materials and then strengthen the explanation in them. Secondary legal materials used in this research are books and journals.
The first technique for collecting legal materials is ensuring the existence of child protection institutions in Indonesia, whether they are government agencies or Non-Governmental Organizations (NGO), and also ensuring the legal basis of these institutions. This is done by accessing the official website of ICPC, which is an official government agency, and NCCP as a non-governmental organization (NGO). In addition, social media accounts from these institutions were also searched, such as Instagram, Twitter and Facebook. After ensuring the existence of children protection institutions, the next step is looking for the basic norms contained in the 1945 Constitution of the Republic of Indonesia as a reference for the formation of children protection institutions in Indonesia. Then the next step is looking for other regulations that are a source of support for the establishment of children protection institutions. Next is collecting theories related to basic norms, institutions, and the concept of rights regulation through books that can be used as references, so that later solutions will be obtained to answer legal issues from this research.
This research uses inductive legal material analysis techniques. Inductive legal material processing explains about a specific matter then draws it into general conclusions. In addition, this study also uses legal reasoning that is correlated with basic legal norms and positive legal norms as a characteristic of normative legal research.

Constitutionality of the Establishment of Children Protection Institutions
Indonesia is a constitutional state that upholds human rights. Human rights are one of the substances that must be contained in the 1945 Constitution of the Rights in article 52 paragraph 2 which discusses children's rights. However, it will only be in vain if the rules that have been designed in such a way through a series of debates are not realized with a real protection.
One of the steps that can be taken to provide protection for children can be realized by giving responsibility to certain agencies that specifically handle child protection. Then it becomes urgent to form a child protection agency. Children are the nation's biggest investment in the future, so protecting children is also a shared responsibility of the whole nation.
The first children protection institution in Indonesia was ICPA which was initiated in 1997 with a protection work system in each region. Then ICPA felt the need to establish an independent statute, so NCCP was formed as a national ICPA statute in 1998. The initiative to form NCCP was a form of public concern for violence against children that occurred before 1998. The main reason for the establishment of TlR: 2020 Vol 2 (1) Encik Muhammad Fauzan, Ariyanti Arifta 33 NCCP was as a form concern for the importance of solidarity in efforts to protect children. After the existence of NCCP as a forum for public complaints against all forms of child abuse, many facts were revealed about the increasing number of violence against children.
Seeing the increasing number of violence against children, the government is Therefore, as a form of government responsibility for child protection, a protection institution was formed as the government's responsibility for the rights that need to be protected. This institution is ICPC, which was formed in 2002 and became an official government agency. Apart from making complaints to ICPC, which has the status of a state institution, the public can also make complaints to NCCP, which is a nongovernmental organization. The following is a graph of the number of complaints of violence against children to NCCP from 2011 to 2015. Based on the graph above, complaints of violence against children to the NCCP have also increased every year, but the increase is not greater than that of complaints against the ICPC. Therefore, it can be concluded that the public mostly complained to the ICPC. In a vulnerable five (5) year period, from 2011 to 2015, the ICPC has received complaints of violence against children ranging from 2,000 to 6,000 people.
Meanwhile, NCPC only received complaints ranging from 2,400 to 2,800 people. However, prior to the ICPC, there was a child protection agency formed by a group of people together with the government. The first institution to exist as a form of child protection guarantee in Indonesia, namely the NCCP. Since 1998 the NCCP has been active in child protection in Indonesia, which is a refinement of the Children Protection Institution which was first initiated in 1997. The historical fact of the existence of the Children Protection Institution at that time was only at the regional level. As time went on, it began to spread to other areas, which at its peak was the formation of the National Children Protection Institution statuts which later changed However, the NCCP has the status of a non-governmental organization and has been registered with the Ministry of Law and Human Rights.
Due to the similarity in the name "commission" between the ICPC and the NCCP, it is necessary to have an arrangement so as not to cause conflict between the two institutions. As an official government agency, the existence of the ICPC is clearly important as one of the implementations of government duties in terms of child protection which is of course supported by a clear legal basis for establishing an institution. Meanwhile, the NCCP, which is a non-governmental organization, is also recognized for its existence in Indonesia as long as it does not conflict with the Law.
According to KBBI, a non-governmental organization is an organization that aims to fight for the interests of the community. NCCP is a non-governmental organization that promotes the interests of children in which children are part of society. Therefore the NCCP is a non-governmental organization. There is no specific regulation regarding NGOs, but the establishment of NGOs is adjusted to the type of legal or non-legal entity used to support the organization's activities.
Referring to the definition of NGO according to KBBI, there are 3 (three) regulations that can be used as a reference as the legal basis for NGOs: Social Affairs. As a legally valid NGO, the NCCP has also been registered with the Ministry of Law and Human Rights and has met the requirements as determined.
The more child protection agencies there are, the better the child protection system in Indonesia will be. Because basically the emergence of child protection institutions is to uphold the rights of children protected by the state. However, in reality, the emergence of the same name "commission" in the ICPC and NCCP has actually created new conflicts between other institutions which have resulted in the struggle for the existence of the two. This has resulted in a change in the focus of the objectives of these two institutions, whose initial intention was only to provide protection for children's rights as stipulated in the Law but has now increased 1 (one) more, namely the struggle for existence. Therefore, it is necessary to make arrangements for these institutions. It would be better if there is a strengthening of the main duties and functions of the ICPC as a state institution, while the NCCP and ICPA are merged into one (1) by not using the name "Commission" so as not to cause further misunderstandings. Between state institutions and NGOs are required to work together and establish good communication so that the handling of child protection can be achieved optimally.
The use of the name commission is more appropriate for state institutions, this is based on the definition of a commission according to the KBBI that "a commission is a group of people who are authorized by the government, meetings, etc. to carry out certain functions". The NCCP was formed based on the results of the meeting, so the use of the term commission is actually also entitled to be owned by NGOs, but in this study the term commission between state institutions (ICPC) and NGOs (NCCP) becomes a problem because it triggers misunderstandings in society and causes struggles for the existence of the two institutions. the. Since the word "government" is mentioned before the word "meeting" in the meaning of commission according to the KBBI, the government has more right to use that term.
There is also a need for mediation between the NCCP and the ICPA to reestablish a common goal and harmony in the thinking of each institution. This aims to eliminate internal conflicts that have occurred, and to build together a child protection institution with a new name according to mutual agreement, of course by not using the term commission. After that, it is important to conduct socialization to TlR: 2020 Vol 2 (1) Encik Muhammad Fauzan, Ariyanti Arifta 42 the community regarding the existence of the ICPC as an official government agency and child protection agency with a new name according to the agreement (ICPA and NCCP merging) and being an NGO so that there is no misunderstanding of terms and the community is not confused anymore if they want to make a complaint, against cases related to child protection.

Conclusion
a. The existence of the ICPC as a state institution is in accordance with the mandate of Article 28B paragraph (2) which states that one of the rights of children is to get protection. Meanwhile, the existence of the NCCP also refers to Article 28 of the 1945 Constitution of the Republic of Indonesia and Article 28C paragraph (2), which states that everyone has freedom of association and has the right to advance themselves collectively to develop their society, nation and state. NCCP is an institution consisting of associations of several unified parties and have the same goal of advancing themselves collectively by providing protection for children's rights for the continuation of a better life as a nation and state. So that the existence of the ICPC and the NCCP is a concrete form of the constitutionality of establishing child protection institutions.
b. It is important to organize child protection institutions between ICPC as a state institution, NCCP as an NGO and ICPA as an NGO to provide an understanding of the differences between each child protection agency in Indonesia by taking into account the legal basis of each institution and the impact of its existence on society.