Implications of Legal Positivism of the Promotion of Children's Rights on National Law

2020 ◽  
Vol 11 (2) ◽  
pp. 661
Author(s):  
Lita A.L.W. TYESTA ◽  
Retno SARASWATI ◽  
Faisal ARIF
Keyword(s):  
Legal Protection ◽  
Children's Rights ◽  
Legal Positivism ◽  
Children’S Rights ◽  
Modern Process ◽  
Legal Science ◽  
The Law ◽  
Political Form

This article discusses the influence of positivism in the development of legal science, especially in the development of Indonesian law. Through the positivism which was introduced by August Comte, the study aims to analyze the legal positivism as a strategic-political form that is needed in terms of promoting children's rights. As a result, positivism can not only be used as a medium used to help the modern process: the law there can also be used as a means to provide legal protection for the people’s, especially for the protection of children's rights.  

JUVENILE JUSTICE SYSTEM THROUGH DIVERSION AND RESTORATIVE JUSTICE POLICY

2017 ◽  
Vol 2 (1) ◽  
pp. 168
Author(s):  
Dyah Listyarini
Keyword(s):  
Restorative Justice ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
The Law ◽  
The Right

Indonesia as a state of law has ratified several international human rights instruments, especially the Convention on the Rights of the Child, in which the state should ensure the protection, respect, fulfillment, promotion, and enforcement of children's rights. In fact, many children have been treated unjustly in the fulfillment of their rights when conflicting with the law.  Methods of legal protection of the rights of children conflicting with the law are based on the provision that “every child has the right to survive, grow and develop as well as the right to protection from violence and discrimination”. Other ways to protect children’s rights may also include the policy that children conflicting with the law should be treated humanely in accordance with their dignity and rights; special personnel should be provided for their companion and counseling; sanctions should be appropriated for the best interests of the children; and special facilities and infrastructure for children should be equally provided. This means that appropriate sanctions should hence be supported through the process of resolving cases using the principle of “diverse and restorative justice  The concept of diverse and restorative justice can be applied to the crime of under 7th-year punishments and non-repeated crime. Methods for handling children who have conflicts with the law have hitherto emphasized on normative juridical processes such as investigation, prosecution, and examination of the case by the judge (in court). The processes, however, have not guidelines or technical manuals for law enforcement officers to implement the non-litigation settlement for children cases

CHILDREN'S RIGHTS BEFORE THE LAW: A ROLE OF LOCAL GOVERNMENT IN THE CHILD PROTECTION SYSTEM

Al-Bayyinah ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 243-260
Author(s):  
Hatija Asiri ◽  
Andi Sugirman
Keyword(s):  
Child Protection ◽  
Local Governments ◽  
Legal Protection ◽  
Children's Rights ◽  
The State ◽  
Protection System ◽  
Children’S Rights ◽  
The Law ◽  
The Government

Protection of children's rights before the law has been regulated in Law No. 11 of 2012 concerning the child protection system and is specifically followed up in the Local Regulation of Bone Regency No. 1 of 2014. Children's inability in legal matters makes the State provide protection to children in conflict with the law. Legal protection for children is the obligation of the State as a mandate of the 1945 Constitution. The problem that arises is that cases of children dealing with the law continue to increase, so it is important to see the form of the role of the government in giving rights to children in conflict with the law. This research is a normative empirical study with a normative juridical legal research approach. Analyzing legal theories and statutory regulations, comparison of laws (comparison approach). The findings of this study indicate that children who are in conflict with the law, the government has provided diversion protection, namely protection at the level of the judicial process, investigation and prosecution. The position of diversion is given by the government to children as victims, perpetrators and witnesses in criminal acts. Local governments in providing productive protection for children in trouble by providing educational and economic assistance. The implication of this finding shows that children are the generation of the nation who deserve protection from the State, even though these children are in conflict with the law. 

scholarly journals PERLINDUNGAN HUKUM TERHADAP HAK-HAK ANAK ATAS PENDIDIKAN PADA MASA PANDEMI COVID-19 [The Legal Protection of Children's Right to Education during the Covid-19 Pandemic]

Law Review ◽  
2021 ◽  
pp. 323
Author(s):  
Cynthia Phillo ◽  
Hessa Arteja ◽  
M Faiz Rizqi
Keyword(s):  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Right To Education ◽  
Legal Method ◽  
The Future ◽  
The Law ◽  
The Government ◽  
The Right ◽  
Bahasa Indonesia

<p><em>Children as the forerunners of the successor to the future Indonesia nation make children individuals who become priorities in holding the right to education. The law itself has governed the rights that a child must have, including the right to get a proper education. Due to the COVID-19 Pandemic, the government finds it difficult in providing legal protection for a proper education rights of children. By using normative legal method, this paper will explain how the legal protection of children’s rights  over education during the COVID-19 Pandemic that’s happening and how the government’s role is in fulfilling childern’s rights in getitng an education.</em></p><p><strong>Bahasa Indonesia Abstrak: </strong>Anak sebagai cikal bakal penerus bangsa Indonesia menjadikan anak sebagai individu yang menjadi prioritas dalam memegang hak pendidikan. Undang-undang sendiri telah mengatur tentang hak-hak yang harus diteirma oleh anak, termasuk hak dalam pendidikan. Karena Pandemi COVID-19 yang terjadi, menambah kesulitan bagi pemerintah untuk memberikan perilundungan hukum bagi hak anak atas pendidikan. Dengan menggunakan penelitian hukum normatif, tulisan ini akan menjelaskan bagaimana perlindungan hukum hak anak atas pendidikan pada masa Pandemi COVID-19 yang sedang tejadi dan bagaimana peran negara dalam memenuhi hak anak dalam mendapat pendidikan.</p>

scholarly journals Perlindungan Hukum terhadap Anak dalam Terjadinya Perceraian

2020 ◽  
Vol 1 (2) ◽  
pp. 47-50
Author(s):  
Gede Andi Wiradharma ◽  
I Nyoman Putu Budiartha ◽  
I Ketut Sukadana
Keyword(s):  
Child Protection ◽  
Child Custody ◽  
Married Couple ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Differences Of Opinion ◽  
The Law ◽  
To Receive ◽  
Husband And Wife

Marriage is a thing that unites two individuals into one through a religious and legal ceremony. After the wedding ceremony takes place, the two individuals are married-couple. In undergoing marriage, a lot of things must be passed, so the husband and wife will have differences of opinion. The differences of opinion sometimes cause husband and wife to experience conflict which will usually lead to a fight that often ends to divorce. This research was conducted with the aim of describing how the regulation of child custody rights according to the law in Indonesia and how the legal protection of children's rights due to divorce. This research was designed using a normative legal research method. The results of this study showed that the regulation of child custody according to the law in Indonesia is regulated in Law Number 35 of 2014 concerning Child Protection and also mentions children's rights and obligations. In this law, child protection takes precedence. In addition, legal protection for children's rights due to divorce is also guaranteed where children are still entitled to receive rights from their parents such as getting an education, a decent place to live, feel secure, and get health insurance.

scholarly journals Anak dan Kejahatan (Faktor Penyebab dan Perlindungan Hukum)

Jurnal Selat ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 225-234
Author(s):  
Ria Juliana ◽  
Ridwan Arifin
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Children's Rights ◽  
The State ◽  
Children’S Rights ◽  
Applicable Law ◽  
Rights Of The Child ◽  
The Law ◽  
The Right ◽  
Rule Out

The State of Indonesia has never been separated from existing regulations, given that the State of Indonesia is a rule of law and all actions taken refer to the applicable law. The problem of a law lies in the procedure for the application of the law and the implementation of the law, in legal protection for children in Indonesia, both victims and perpetrators have the right to be protected, for this reason a rule of law has been set against the child’s own misconduct applicable. Problematics of arrest and detention and punishment of crimes committed by children enactment of article 43 of Act No. 3 of 1997 which explains that child detainees are basically still in effect the provisions of the Criminal Procedure Code (KUHAP) are the loss of children's rights and protection against applicable law. The development of the rights of the child is a public concern because at this time child perseverance has spread and the application of the law continues to apply to that the rights of children must also be considered to see that children's rights must also be fought for. Above everything discussed above that neglected the rights of children and their protection was due to the lack of attention from parents and families and a small part of this resulted from an environment that was not good for the character of the child himself. To create high peace and stability then the basis of the change is parents. Improvements made to the guidance of children that are carried out fundamentally with love and love, it does not rule out the possibility of child delinquency or criminal acts that are done less, other things if the child is allowed to grow without attention then does not rule out the greater the crime that will be committed.

Taking Children’s Human Rights Seriously

2020 ◽  
pp. 48-69
Author(s):  
Michael Freeman
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Popular Media ◽  
Children’S Rights ◽  
Ronald Dworkin ◽  
Philosophical Discussion ◽  
Persuasive Argument ◽  
The Law ◽  
Deficit View

Despite the development of the children’s rights movement, human rights scholarship continues to overlook the rights of children. Even those like Ronald Dworkin, who proclaim the need to take rights seriously, are curiously silent, even ambivalent, when it comes to children. This inattention often forces advocates of children’s rights to the margins of human rights scholarship. In the few places where serious philosophical discussion of children’s rights does take place, the analysis intends to diminish the value of rights for children. These critics are not malevolent, and typically want what is best for children, but they do not think it can be accomplished through a children’s rights agenda. This chapter lays out a persuasive argument for a children’s rights agenda, or, for taking children’s rights seriously. Drawing from philosophy, history, literature, popular media, and of course the law, this chapter argues against the conventional deficit view underlying most arguments against the recognition of children’s rights and makes a case for the importance of children’s rights where rights are the currency in use.

scholarly journals Marriage Function as Protection Rights Against Wife and Children Right in Polygamous Marriage

Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 277
Author(s):  
Muhammad Madih ◽  
Munsharif Abdul Chalim
Keyword(s):  
Data Analysis ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Remedies ◽  
Polygamous Marriage ◽  
Marriage Contract ◽  
The Right ◽  
Husband And Wife ◽  
Laws And Regulations

Marriage is a bond between man and woman which is also the religion of Islam is a way of worship, that in the community there is monogamy: one husband and one wife, but there are also polygamous marriage is one man with more than one wife with their applicable laws and regulations for implementation. The purpose of this study was to: 1) To determine the function of the marriage covenant can provide legal protection of the rights wife and children in polygamous marriages. 2) To determine the right of wife and children in polygamous marriages. 3) To know the legal remedies can be done to determine the rights of wives and children in polygamous marriages. Based on the results of data analysis concluded that: 1) The function of the marriage contract may provide legal protection of the rights of the wife and children in polygamous marriages as a certainty or limitation of rights received by his wife and children during the marriage took place and as a measure for husbands to act fairly in polygamous marriages , 2) The position of the right wife and children in polygamous marriages, namely the right wife by the husband proportionate balanced well after their second marriage and so are the rights of children still get their right in accordance with the provisions of the Act. 3) Remedies that can be done to determine the right istir and children in polygamous marriages with authentic mating agreements made governing the boundary between the rights and obligations of husband and wife in a polygamous marriage.Keywords: Marriage; Polygamy; Marriages Agreement; Wife and Children's Rights.

scholarly journals The CRC comes of age: assessing progress in meeting the rights of children in custody in Northern Ireland

2020 ◽  
Vol 62 (2) ◽  
pp. 217-234
Author(s):  
Linda Moore
Keyword(s):  
Northern Ireland ◽  
Juvenile Justice ◽  
21St Century ◽  
Social Economic ◽  
Children's Rights ◽  
Political Context ◽  
The State ◽  
Children’S Rights ◽  
Primary Research ◽  
The Law

This article focuses on the extent to which Convention rights are complied with regarding the treatment of children in conflict with the law in Northern Ireland, and in particular the rights of incarcerated children. Relevant children’s rights instruments and principles are identified to establish the benchmarks for this discussion. There follows discussion of the particular social, economic and political context which impacts upon the lives of children in conflict with the law in Northern Ireland. The legislative context for the detention of children in custody in Northern Ireland is explored, and the regimes in the Juvenile Justice Centre (JJC) for Northern Ireland and Hydebank Wood Young Offenders Centre (YOC) are assessed for compliance with children’s rights standards. Primary research conducted by the author and her colleagues with children in custody in Northern Ireland 2 and recent inspection and research reports form the basis for the analysis of the state of children’s rights in custody in Northern Ireland in the 21st century.

scholarly journals Perlindungan Hukum terhadap Anak Sebagai Pelaku Tindak Pidana dari Perspektif Kemerdekaan Pers

2021 ◽  
Vol 2 (2) ◽  
pp. 233-237
Author(s):  
Kadek Mahadewi ◽  
I Wayan Rideng ◽  
Ida Ayu Putu Widiati
Keyword(s):  
Child Protection ◽  
Negative Impact ◽  
Code Of Ethics ◽  
Legal Protection ◽  
Children's Rights ◽  
Criminal Code ◽  
Children’S Rights ◽  
Press Freedom ◽  
The Press ◽  
Negative Impacts

Legal protection  for children  who consider  the law  is one important  aspect  that must  be considered   by all parties  to avoid  negative  impacts felt  by children  and children.   This  research  has  two problemformulations,     namely:   1) How  is legal protection   against  children  as  a  crime?  2)  What  are  the  implications   of press freedom which violates children's  rights as a crime? The method  used is nonnative legal  research.   The  implementation    of  press  freedom    in  reporting   is  not   in accordance   with  the  regulations   regarding  child  protection   and  the journalistic code of ethics because  efforts  are still being made  by the press  in reporting  about children  as a crime  whose identity  is published  in both print and electronic  media so that  it has a negative  impact  both physically.   and psychologically   to children. This requires  accountability  from the press  and sanctions  given  to the press  who violate children's  rights are regulated  in the Criminal  Code.

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