Exclusive, KPAI Chairman Aris Adi Leksono: There is a Legal Void, the Government Must Determine Who is Supervised by Daycare

A fact was revealed as the viral alleged abuse and neglect of children at the Little Aresha daycare, Umbulharjo, Yogyakarta. So far, according to the Chairperson of the Indonesian Child Protection Commission (KPAI), Dr. Aris Adi Leksono, M.MPd., it is not clear which ministry or agency issued a permit for the daycare. In fact, the licensing agency is the one who should be responsible for supervision. This legal vacuum, according to him, must be immediately determined by the government.

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Until now, Aris explained that each ministry and agency has its own regulations regarding daycare or what is often referred to as a Child Care Center (TPA) for working parents.

At the Ministry of Social Affairs, its name is Taman Asuh Sejahtera (TAS); at the Ministry of Women Empowerment and Child Protection, its name is Taman Asuh Ceria (TARA); while at the Ministry of Population and Family Development/BKKBN, its name is Taman Asuh Sayang Anak (TAMASYA).

Each ministry has its own rules for this daycare. "Each ministry has regulations, and the most powerful regulation is in the National Education System Law. The momentum can now be used to standardize daycare in the future," he said.

That is why, when asked which ministry actually oversees daycare, he could not give a definitive answer. "That's the problem, because so far there has been no pattern of a single roof permit. So there is no rule for which agency is actually in charge. This is still a homework, and the government must be present to solve this problem," he said.

The momentum of the emergence of cases of alleged child abuse and neglect at the Little Aresha daycare can be the starting point for tidying up licensing and supervision.

"We are waiting for the government to determine who has the authority to issue permits and also supervise these daycares," he told Edy Suherli, Bambang Eros, and Irfan Meidianto when they visited the VOI office, April 30, 2025.

When the KPAI team went down to the field or heard reports about children at the Little Aresha Yogyakarta daycare, what exactly had happened?

As a supervisory institution, KPAI is present in this case. Initially, someone complained to the Yogyakarta City Regional Child Protection Commission (KPAD). From the complaint, we then coordinated with the local government and the authorities, until the raid was carried out at the daycare. According to our observations, the community (who have entrusted their children there) were deceived by the appearance and promotion carried out. It turns out that after being investigated, the Little Aresha daycare is not licensed.

What findings were obtained from the raid?

In addition to not being licensed, the ratio between the number of children entrusted to the caregiver is very imbalanced. A caregiver handles more than 5 children, even up to 30 children. In terms of space, it is also not appropriate; children are placed in small rooms that are not representative, so it can interfere with children's health and growth and development.

Another finding shows that the daycare's caregivers do not have competence. Then, from the aspect of welfare, it is not guaranteed. Various aspects are directly correlated with the findings in the field. Humans have limits to their ability to manage emotions; because of the unnatural workload, they eventually commit the alleged violence.

What else did the KPAI team find in the field?

Another finding shows that the alleged abuse of children who were cared for there occurred in a structured manner. That is, the daycare's management and leadership were also involved in the action. They directed the caregivers to take certain actions (such as tying up children) so that the conditions were considered "conducive", the children did not run around, and so on. Like the viral video, there was a child who was tied up and left alone. We really can't stand to see it.

It's sad, even though the babysitter is also a woman.

"The mother's soul should have emerged, but it turns out that it is not visible in this case. If their child is treated like the viral video, would you? Tough or not? But in fact, they did such a terrible act. That is the reality we face in the field.

So, the alleged torture and abandonment of children is not a rumor, yes, there is a fact?

Yes, there is a fact. Simply like the video that has gone viral. However, we are trying to mitigate so that the video can be removed for the future of the children in it. This concerns privacy, data, and protection from negative stigma in the future.

This case can also have a systemic impact on daycare institutions in general; parents can lose trust in this type of institution. Therefore, we appeal to those who have uploaded it to lower it. If it's about reporting, please do it, but the guidelines must still follow PPRA (Guidelines for Child-Friendly Reporting).

It turns out that it is very sad with the findings in the field. When you first found out about this case, what was your reaction?

"As a person and as the Chairman of the KPAI, I am very surprised. How can someone be so bad to children, even though they are the hope for the future of this nation and country.

Actually, this case that happened at the daycare is not the first time it has happened. What is the root of the problem?

This is not the first case. Previously in Depok there was also a daycare that went viral, then there was also one in Pekanbaru, Surabaya, and most recently in Aceh. We have conveyed and coordinated with the relevant ministries and agencies to follow up on these cases. However, the recommendations we have conveyed are often only received without any real follow-up.

The proof is, there are still unlicensed daycare centers that can operate, there are daycare centers that do not meet standards, to caregivers who do not have competence. How do we want to talk about the next generation who are qualified if from an early age they have experienced acts of violence? From a humanitarian perspective, it is hard to believe that there are people who are so bad for toddlers.

Apart from daycare, the management also has an institution with the same name at the TK and Playgroup (PG) level. Will this institution also be monitored for alleged acts of violence or the like?

After the police investigated and investigated the parties who had become suspects due to their association with the Little Aresha daycare, it is not ruled out that similar things will also be done at TK and PG. Especially if there is preliminary evidence, for example, complaints from parents whose children are studying there. We just have to wait for further developments.

We emphasize that the resolution of this daycare case is not only in the legal aspect, but must be carried out comprehensively regarding the environmental situation. Whatever the foundation that oversees this daycare does must be dug up and investigated, to see if there is similar treatment at the institutions they build.

The case of the Little Aresha daycare was revealed due to a report from a former nanny. Does this case look like an iceberg phenomenon?

In every case of violence against children, there is always a pattern like an iceberg. What appears on the surface is only a little, but there are more below. That's why we have to delve into this case. Not long after the daycare case in Yogyakarta went viral, a similar report emerged in Aceh. It is suspected that this incident does not only occur in Yogyakarta and Aceh; other areas are very likely to exist.

This momentum can be a trigger (trigger) for the central government and local governments to list, select, and investigate what is actually happening at daycare in their respective areas. It must be ensured that institutions such as daycare have a commitment to the protection and fulfillment of children's needs and rights.

If you refer to the Child Protection Law, what are the violations that occur in this daycare?

Of course, related to the article of persecution and violence. It should be noted that in addition to those who are proven to have committed persecution and violence, there is also a 1/3 sentence for those who have a close relationship with the victim. This daycare nanny is one of the closest people, such as teachers at school. The goal is to have a deterrent effect on the perpetrator and others.

What other laws regulate child abuse?

It can also use the Criminal Code, and in the implementation of daycare is also regulated in the National Education System Law. This daycare position is like PAUD (Early Childhood Education) non-formal. In the Ministry of Social Affairs, institutions such as daycare are called Taman Asuh Sejahtera (TAS); in the Ministry of Empowerment of Women and Child Protection, it is called Taman Asuh Ceria (TARA); and in the Ministry of Population and Family Development/BKKBN, it is called Taman Asuh Sayang Anak (TAMASYA).

Each has regulations, but the most powerful regulation is in the National Education System Law. The momentum can now be used to standardize daycare in the future.

Which agency has the authority to supervise daycare?

That's the problem, because so far there has been no pattern of one-roof permits. So there is no clear rule about which agency is actually authorized. This is still a homework and the government must be present to solve this problem. We are waiting for the government to determine who has the authority to issue permits and supervise daycare.

Earlier it was reported that you attended a meeting with several ministries and agencies to discuss this, what was the result?

The result of the meeting was the formation of a special task force (task force) which reflected the presence of the state in this matter. Those who will discuss whether the form of regulation is in the form of Presidential Decree or SKB related to daycare. Later there will be a follow-up meeting to harmonize various existing regulations.

For a daycare nanny, what are the ideal requirements?

The main thing is that he must have competence in childcare. Be able to manage the emotional side, maintain bonding with the child, pay attention to the child's needs in detail, see changes in the child's behavior, and understand the aspects of child protection.

Caregivers must know what they can and cannot do in the context of child protection and understand child safety protocols (child safeguarding). In addition to understanding the Child Protection Law, they must have a compassionate soul.

One of the most common problems we encounter in the field is the issue of caregiver competence. If the competence is low, the commitment will also be low. Therefore, it is necessary to conduct an assessment when recruiting caregivers. After that, there is a certification that must be followed. The certification should be valued so that it has an impact on welfare. Don't let the demands of the job be maximized, but the salary is just as it is.

Why is the KPAI so hard to urge that the operational permit for the Little Aresha daycare be revoked permanently? Isn't it possible for the institution to be rehabilitated under certain rules, or is this already a category of 'unforgivable sin'?

The problem is that they don't have a permit. With the facts that exist now, if proven, this daycare must be closed permanently. For children who are victims, the government will help distribute them based on parental consent. Why are we so firm? So that this becomes a warning for other daycares. This concerns the lives and futures of children.

For children who are victims and their parents, an assessment will be carried out to see the extent of psychological pressure or injuries that have occurred. Then, they will be assisted in the recovery process and transferred to another daycare that is better, or returned to family care. We also opened a complaint for this case, and there are already 103 people who have complained.

There are 13 people who have become suspects in the case of alleged child abuse and neglect at the Little Aresha daycare. What is your hope?

If proven, they must be punished severely and added to the sentence of one-third (1/3) of the amount of the sentence imposed by the judge. Hopefully this will be a concern for the judge who will try the case.

For parents who are forced to leave their children because they work, what are the 'Red Flags' or danger signs to be aware of when surveying daycare?

You have to be more selective in choosing; don't just believe in the promotional appearance on social media. Make sure that the daycare has official permission. Then, make sure the caregiver is competent with official certification evidence. After that, just look at the facilities and infrastructure at the place. Not least, they must uphold the safety of the children they care for.

They must also have a commitment to accountability in childcare. For example, at the Little Aresha daycare, parents are not allowed to enter; what is the reason? Are you afraid of being caught "the hole"? Ideally, parents should be able to access their child's condition through CCTV, so they can supervise at all times. This control from parents will actually improve the quality of service at the daycare.

Is it necessary to institutionalize this CCTV rule so that parents can supervise?

Yes, that's right. We will propose it in a meeting with ministries and agencies so that it becomes a mandatory requirement for daycare. In addition, there must be standardization of human resources, facilities and infrastructure, as well as service programs at daycare.

It is suspicious if daycare does not want to install CCTV for various reasons. Likewise, if parents are asked to sign a certain agreement, for example, they will not sue if something happens during the care. Things like that should be wary of.

What is your advice to the government, the community, and daycare managers so that cases like Little Aresha's do not happen again?

Behind formal standards such as licensing, let's look at the humanistic side. Remember, babies are God's trust; they are a trust and successor of families, communities, and nations. Let's take good care of them by upholding the dignity and dignity of God's trust.

If the value is strengthened by existing regulations, God willing, cases like the one that happened at the Little Aresha Yogyakarta daycare and elsewhere will not be repeated. Being a caregiver is not just about making a living, but can also be a field to seek reward.

Schools are ideally a friendly place for children. However, the reality is that violence actually occurs in educational institutions. The issue of schools should be a friendly place for children to be optimized by Aris Adi Leksono, both in educational institutions where he serves and as an inspiration to write a dissertation.

Growing up and growing up in a pesantren environment makes Aris determined to pursue a profession as an educator. "I grew up in an environment with a strong educational activity. I grew up at the Raudlatul Muta'allimin Islamic Boarding School, Wonosalam Village, Pucuk District, Lamongan Regency, East Java," said the man born in Lamongan, February 2, 1984.

At this boarding school, Aris has been entrusted by the pondok's caretaker to help and take care of his younger siblings. "My job is to supervise my younger siblings in disciplining the boarding school program, as well as maintaining good interaction between fellow students and teachers and the older caretakers," he said.

Because he was considered capable of supervising and helping classmates in their studies, young Aris, who was just sitting in class 2 Tsanawiyah (equivalent to junior high school), was entrusted to teach children at the Madrasah Ibtidaiyah (MI / SD). "So my kiai has asked me to teach at MI while I was still in Tsanawiyah," he said.

Seeing what he did, since then Aris has been determined to become a teacher. "A teacher is a space of service that is limitless. I am determined to become a teacher," said Aris.

After Tsanawiyah in his hometown, he continued his studies at Madrasah Aliyah Asshiddiqiyah, Jakarta (2003), and continued his S1 Islamic Religious Education at the NU Islamic Religious High School, Jakarta (2008). "My first dedication as a teacher was at MTsN 34 East Jakarta. At that time I declared a school program with a child-friendly concept. And the program turned out to get the attention of many parties," said Aris, who then continued his S2 Research and Evaluation of Education at UNJ (2012) and S2 Management of Education at STIM IMMI Jakarta (2013).

The child-friendly school program turns out to be a mainstream issue in the world of education in Indonesia because of the many cases of bullying and violence. Armed with experience in implementing it in schools, Aris Adi Leksono has a deep understanding of applying this issue.

While continuing his S3 studies at the Islamic University of Nusantara Bandung, the issue of child-friendly schools again became an interesting topic for his dissertation. "I chose the topic of implementing regulations in child-friendly educational units. I then compared good and bad practices in several schools and madrasahs," he said.

Armed with this empirical and academic experience, he dared to take the fit and proper test for KPAI commissioners. "Alhamdulillah I passed and became a KPAI commissioner for the 2022-2027 period. In the middle of the journey, because the previous chairman was unable to continue, I was then elected as the Chairman of KPAI to continue the task that was previously carried out by the late Hj. Margaret Aliyatul Maimunah," he said.

For Aris, the concept of child-friendly must be really applied so that the relationship between teachers and students is not a relationship of power, but a balanced relationship. In the midst of his busy schedule, Aris always takes the time to accompany his children before going to school or the KPAI office.

According to Aris, one of the causes of violence in schools is normalization. "Violence in educational institutions is very dangerous if we normalize it. This will have a negative impact on the growth and development of children in the future," said Aris, who considers communicating with children as part of healing for him.

He emphasized that adults around children (teachers, parents, and society) must consider violence as a serious problem. "If adults consider things like this to be normal, it will be dangerous. Children must be strengthened to be empowered with the help of adults around them," said the father of three children from his marriage to Fiddini Ifa Ayuda.

He is very concerned if violence is actually carried out by individuals in religious educational institutions. "Religious teachings do not justify violent behavior, especially by teachers or caregivers. They have manipulated and used power relationships for personal gain," he said.

Aris and colleagues at the KPAI have urged the relevant ministries to act decisively. "This is very important. If necessary, a third (1/3) of the judge's sentence should be imposed on the perpetrators who are the closest people. In addition, preventive measures also need to be taken massively to build awareness of all parties," concluded Aris Adi Leksono.

"We have conveyed and coordinated with relevant ministries and agencies to follow up on this case. However, the recommendations we have conveyed have only been accepted, there is no follow-up. Proof that there are daycare centers that are not licensed but can operate, there are also daycare centers that are not standard, and caregivers who do not have competence,"

Aris Adi Leksono