scholarly journals The children rights protection in the new normal era: an Indonesia experience during covid-19 pandemic

2020 ◽  
Vol 28 (2) ◽  
Author(s):  
Izza Aliyatul Millah ◽  
Pujiyono Pujiyono
Keyword(s):  
Child Protection ◽  
Health And Safety ◽  
Children's Rights ◽  
Children’S Rights ◽  
Conceptual Approach ◽  
New Normal ◽  
Legal Information ◽  
Normal Behavior ◽  
Problem Formulations ◽  
The Right

The new normal era is a necessity and must be faced by all countries until the discovery of the Covid-19 disease vaccine. The implementation of this new normal era policy has caused public debate related to various concerns of the people, especially the state’s readiness to guarantee the safety of the population from the transmission of Covid-19, especially in the protection of children in terms of fulfilling their rights. This paper aims to find out child protection providers in providing protection and fulfillment of children’s rights in new normal behavior during the Covid-19 pandemic and to find out the implementation of policies towards the protection of children’s rights in new normal behavior during the Covid-19 pandemic. This research uses doctrinal law research. Legal information sources use primary legal materials (relevant regulations and documents) for further qualitative analysis. The approach used is a statutory approach and conceptual approach in helping solving problem formulations. This research concludes that the right effort to deal with the new normal era is to strengthen child protection based on children’s rights, starting from parents, family, community, and government during the pandemic. Associated with the establishment of a policy schedule for children entering school when the new normal era in the Covid-19 pandemic. The key to protecting children in the new normal era is the health protocol rules that can be a guideline for parents and caregivers of children and the fulfillment of children’s primary rights in the new normal era is the health and safety aspects of children.

scholarly journals Study at home in covid-19 pandemic as a legal protection to children's rights in Indonesia

2020 ◽  
Vol 28 (2) ◽  
Author(s):  
Ratri Novi Erdianti
Keyword(s):  
Online Learning ◽  
Child Protection ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
The World ◽  
Survival And Development ◽  
Learning Policies ◽  
The Right ◽  
At Home

The implementation of online learning systems in the pandemic period of COVID-19 caused problems related to learning methods that require adequate facilities and not all students have them. In addition, the community also feels less than optimal for students, especially elementary school children who find it hard to accept learning through online, this is also because there is more work to replace the material students can use. The purpose of this paper is to see that the study at home policy is an appropriate step according to the guarantee of legal protection mandated by Law no. 35 of 2014 concerning Amendment of Law No. 23 of 2002 concerning the Protection of children to continue to carry out the learning process so that the world of education is not paralyzed due to the problem of the spread of covid 19. The purpose of this study is to examine the study at home policy as a guarantee of legal protection mandated by Law no. 35 of 2014 concerning Amendment to the Law no. 23 of 2002 concerning child protection. The method used in this study is the normative method. The results of the study show that online learning policies are the best solution and are in line with the principles of legal protection of children's rights in Indonesia, especially regarding the right to be safe from danger and to be kept away from diseases as well as the right to survival and development.

scholarly journals Fulfillment of the Rights of Children with Disabilities through the Involvement of Civil Society Organizations, Case of Yayasan Sayap Ibu

ijd-demos ◽  
2021 ◽  
Vol 3 (2) ◽  
Author(s):  
Uliviana Restu Handaningtias ◽  
Ika Arinia Indriyany ◽  
Lily Ismalia
Keyword(s):  
Child Protection ◽  
Child Neglect ◽  
Children With Disabilities ◽  
Children's Rights ◽  
Civil Society Organizations ◽  
Children’S Rights ◽  
Social Foundations ◽  
Study Results ◽  
The Right ◽  
Adoption System

AbstractThe rights of children with disabilities are still an unfinished discourse. In the big cities and remotes areas in Indonesia, sometimes we can hear cases of neglecting children with disabilities. The Indonesian government carries out various programs to eradicate cases of child neglect; one of the efforts taken is to permit social foundations that have special orphanages for children with disabilities to implement a legal adoption system. The question that then arises is, is the system sufficient to fulfill the rights of children with disabilities as mandated by Law No. 23 of 2002 on Child Protection? What components of rights were then successfully fulfilled through this adoption system, and what are the next steps for the government. This study seeks to provide an overview of how the adoption system fulfills children's rights with disabilities. This study using a qualitative method with a case study approach, the study's results photograph the reality experienced by foster children through the adoption system. The study results show that several main components as part of children's rights: the right to life, the right to grow without discrimination, the right to express opinions, and the right to get the best. Thus, from the results of this study, further research is needed to examine how the adoption system can be applied more effectively to reach the fulfillment of the rights of children with disabilities more optimally.Keywords Rights of children with disabilities, adoption system, social foundations for children with disabilities AbstrakHak anak disabilitas masih menjadi wacana yang belum selesai. Kasus penelataran anak disabilitas masih terdengar baik di kota besar maupun di pelosok daerah di Indonesia. Pemerintah Indonesia melaksanakan beragam program untuk mengentaskan kasus penelantaran anak, salah satu upaya yang di tempuh adalah dengan memberikan ijin bagi yayasan sosial yang memiliki panti asuhan khusus anak disabilitas untuk menerapkan sistem adopsi secara legal. Pertanyaan yang kemudian timbul adalah, apakah sistem tersebut cukup untuk memenuhi hak anak disabilitas sebagaimana diamatkan oleh Undang-undang no 23 tahun 2002 tentang Perlindungan Anak? komponen hak apa sajakah yang kemudian berhasil dipenuhi melalui sistem adopsi ini dan bagaimana langkah pemerintah selanjutnya. Penelitian ini berusaha untuk memberikan gambaran mengenai bagaimana sistem adopsi memenuhi hak anak disabilitas. Menggunakan metode kualitatif dengan pendekatan studi kasus, hasil penelitian memotret realitas yang di alami oleh anak asuh melalui sistem adopsi tersebut. Hasil penelitian memperlihatkan beberapa komponen utama yang terpenuhi sebagai bagian dari hak anak, yaitu: hak hidup, hak tumbuh tanpa diskriminasi, hak menyampaikan pendapat, dan hak memperoleh yang terbaik. Dengan demikian, dari hasil penelitian ini dibutuhkan penelitian lanjutan untuk menelaah bagaimana sistem adopsi dapat diterapkan lebih efektif untuk menjangkau peneuhan hak anak disabilitas dengan lebih optimal. Kata kunci : hak anak disabilitas, sistem adopsi, yayasan anak disabilitas

THE PROBLEM OF CHILDREN'S RIGHTS IN CIBURIAL VILLAGE, INDONESIA

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Teta Riasih
Keyword(s):  
Civil Rights ◽  
Child Protection ◽  
Field Research ◽  
Social Institutions ◽  
Children's Rights ◽  
Children’S Rights ◽  
Research Approach ◽  
Child Friendly ◽  
The Government ◽  
The Right

Children in Ciburial Village experience several problems including discrimination, violence, exploitation, and neglect of children. UU no. 4 of 1979 concerning Child Welfare and Law No. 23 of 2002 in Indonesia concerning Child Protection, states the importance of child protection by parents and the community, but this has not been fully met at the level of implementation. To realize child protection, the Bandung regency government, since 2014 has launched a pioneering child-friendly district by forming a child-friendly village including Ciburial Village, Cimenyan Sub-district. The research approach used was qualitative (field research), the source of data in the research amounted to eight people. The main source is the Ciburial Village leader and several Village officials who determine various village policies and programs that support child protection. Data collection techniques used primarily were group interviews with officials in the village of Ciburial, in addition to that also used in-depth interview techniques. The results showed that the fulfillment of children's rights in the context of supporting a village worthy of children is very good, namely by the availability of social institutions in each of the Five Pillars that guarantee the fulfillment of children's rights, fulfillment of civil rights and freedom of children, the right to health and basic welfare, the availability of the family and care environment alternative for children, the right to education, the use of free time and cultural activities based on local wisdom, and provide special protection. Suggestions in this research are the need to continue to promote socialization on child protection, as well as the provision of human resources who are concerned about the protection of children who come from internal circles of Ciburial Village beside the government officials of Ciburial Village to better coordinate with the Government of Bandung Regency and other agencies so that the fulfillment of children's rights in Ciburial Village can run optimally.

scholarly journals Perlindungan Hak Anak Dalam Perkawinan Poligami Di Indonesia

2017 ◽  
Vol 9 (2) ◽  
pp. 73
Author(s):  
Nurul Aini
Keyword(s):  
Child Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Conceptual Approach ◽  
Indonesian Government ◽  
Polygamous Marriage ◽  
The Family ◽  
The Government ◽  
The Relationship ◽  
Husband And Wife

<p>The problem of polygamy is actually not only related to the relationship between husband and wife, but also concerns how children can still develop their potential. Some children's problems do not entirely become the responsibility of the family, but also the government. The purpose of this study is to describe the protection of children in polygamous marriage according to Muhammad Syahrur viewed from the perspective of Law No. 23 of 2002 concerning Child Protection. This research belongs to normative juridical research using statute approach and conceptual approach. The results showed based on the hudûd theory of Muhammad Syahrur that Shahrur's thoughts on polygamy were in line with what the Indonesian government was trying to maintain and protect children's rights even though in the different forms. In addition, according to the researcher, it needs to be added regarding the cumulative requirements contained in Law No. 1 Number 1974 concerning Marriage as contained in Article 2 letter b and d of Law No. 23 of 2002 concerning Child Protection as a condition for a husband to apply for polygamy.</p>Problematika poligami sebenarnya bukan terkait hubungan antara suami dan istri saja, tetapi juga menyangkut bagaimana anak tetap bisa mengembangkan potensinya. Sebagian persoalan anak memang tidak sepenuhnya menjadi tanggung jawab keluarga, tetapi juga pemerintah. Tujuan penelitian ini adalah untuk mendeskripsikan perlindungan anak dalam perkawinan poligami menurut Muhammad Syahrur ditinjau dari perspektif UU No. 23 Tahun 2002 tentang Perlindungan Anak. Penelitian ini tergolong penelitian yuridis normatif dengan menggunakan <em>statute approach</em> dan <em>conceptual approach</em>. Hasil penelitian menunjukkan berdasarkan teori <em>hudûd</em> Muhammad Syahrur bahwa pemikiran Syahrur tentang poligami tersebut sejalan dengan apa yang diupayakan pemerintah Indonesia untuk memelihara dan melindungi hak-hak anak meskipun dari bentuk dan perwujudannya berbeda. Selain itu, menurut peneliti perlu ditambahkan terkait persyaratan kumulatif yang terdapat dalam UU No. 1 Tahun 1974 tentang Perkawinan sebagaimana yang terdapat dalam Pasal 2 huruf b dan d UU No. 23 Tahun 2002 tentang Perlindungan Anak sebagai syarat seorang suami akan mengajukan permohonan poligami.

scholarly journals Protection of Child Rights in Polygamy Family Around ASN in Asahan District Community (Analysis Study of Law No. 35 of 2014 about Child Protection)

2021 ◽  
Vol 3 (3) ◽  
pp. 468-478
Author(s):  
Azwar Gunawan
Keyword(s):  
Civil Rights ◽  
Child Protection ◽  
Community Analysis ◽  
Children's Rights ◽  
The Body ◽  
Children’S Rights ◽  
Best Interests ◽  
The Republic ◽  
The Government ◽  
The Right

Based on Article 2 of Law Number 23 of 2002 concerning Child Protection and Law Number 35 of 2014 concerning Child Protection, that the implementation of child protection is based on Pancasila and is based on the 1945 Constitution of the Republic of Indonesia, as well as the basic principles of the Convention on the Rights of the Republic of Indonesia. children include: 1) Non-discrimination; 2) The best interests of the child; 3) Right to life, survival and development, and 4) Respect for children's opinions, it can be analyzed and concluded that everything that is urgent for children is their right that is protected by law. Positive law or also called ius constitutum is a collection of written legal principles and rules that are currently applicable and binding in general or specifically and enforced by or through the government or courts in the Indonesian state. Civil Rights, Right to Education and Maintenance, Children's Rights To get Welfare, Children's Right to Take Care of Legal Affairs, it can be analyzed and concluded that children's rights are not only schooled. But civil, welfare, even if he stumbles into a legal case, he has the right to be protected. Protection of children's rights in Law no. 35 of 2014 which states that parents are obliged and responsible for: nurturing, nurturing, educating, and protecting children, developing children according to their abilities, talents, and interests and preventing marriage at the age of children. Children are a mandate and gift from God Almighty, in whom the dignity of being fully human is attached. When polygamy is unavoidable, one of the problems that often arises is that children often become victims. Both in terms of love, education and attention. Of all the rights of children, the most urgent for children is education. Children have the right to get education from an early age as contained in the juridical basis in the body of the Constitution Chapter XIII Article 31 paragraphs 1 and 2 of 1945 which reads: every citizen has the right to receive instruction (paragraph 1) the government seeks and organize a national teaching system regulated by law.  

From “Perverse” to Progressive?: Advocating for Children’s Rights in Argentina

2012 ◽  
Vol 20 (1) ◽  
pp. 72-89
Author(s):  
Amy Risley
Keyword(s):  
Child Protection ◽  
Social Issues ◽  
Children's Rights ◽  
Economic Reforms ◽  
Children’S Rights ◽  
Socioeconomic Conditions ◽  
Economic Rights ◽  
Rights Of The Child ◽  
The Social ◽  
United Nations Convention

This article argues that social issues are central to the children’s rights movement in Argentina. For more than a decade, child advocates have traced the plight of children to poverty, marginality, and neoliberal economic reforms. In particular, they have framed the issue of child welfare as closely related to socioeconomic conditions, underscored the “perverse” characteristics of the country’s existing institutions and policies, and called for reforms that accord with the United Nations Convention on the Rights of the Child. Although the country’s policies are gradually being transformed due to a landmark child-protection law passed in 2005, a dramatically more progressive framework for children’s rights has not yet been adopted. Given that policymakers have largely failed to reverse the trends that activists perceive as harming children, it is expected that advocates will continue to criticise the gap between domestic realities and the social and economic rights included in the Convention.

UPAYA HUKUM TERHADAP ORANGTUA YANG TIDAK MELAKSANAKAN KEWAJIBAN ALIMENTASI DALAM PERSPEKTIF PERLINDUNGAN ANAK

2019 ◽  
Vol 7 (2) ◽  
pp. 307
Author(s):  
Tyas Sekar Mawarni ◽  
Anjar Sri Ciptorukmi Nugraheni
Keyword(s):  
Child Protection ◽  
Theoretical Studies ◽  
Cost Of Living ◽  
Legal Research ◽  
Conceptual Approach ◽  
Family Problems ◽  
The Law ◽  
The Right ◽  
Legal Substances

<p>Abstract</p><p>The purpose of this study is to explain the legal efforts that can be done if the parents do not implement the obligation of alimentation in the perspective of child protection. The method used is the method of legal research normatif (legal research), with the approach of the law (statute approach) and conceptual approach (conseptual approach). The legal substances used in this study include primary and secondary legal materials. The results of this study explain the parental remedies that do not carry out alimentation obligations in theoretical studies can be done by litigation or court and non-litigation or out of court. However, for non-litigation settlement in Indonesia is not yet available for family problems. Legal efforts through litigation may include the filing of livelihood rights and the execution of a permanent judge’s decision regarding the right of alimentation (cost of living).</p><p>Keywords: Legal effort;alimentation obligation; child; and child protection.</p><p> </p><p>Abstrak</p><p>Tujuan penelitian ini ialah untuk menjelaskan upaya hukum yang dapat dilakukan apabila orangtua tidak melaksanakan kewajiban alimentasi dalam perspektif perlindungan anak.Metode yang digunakan ialah metode penelitian hukum normatif (legal research), dengan pendekatan undang-undang (statute approach) dan pendekatan konseptual (conseptual approach).Bahan hukum yang dipergunakan dalam penelitian ini meliputi bahan hukum primer dan sekunder.Hasil penelitian ini menjelaskan mengenai upaya hukum orangtua yang tidak melaksanakan kewajiban alimentasi secara kajian teoritis dapat dilakukan dengan litigasi atau pengadilan dan non-litigasi atau di luar pengadilan.Namun, untuk penyelesaian melalui nonlitigasi di Indonesia belum difasilitasi Negara Mengenai masalah keluarga. Upaya hukum melalui Litigasi dapat berupa pengajuan hak nafkah dan eksekusi putusan hakim yang berkekuatan tetap mengenai hak alimentasi (biaya nafkah).</p><p>Kata Kunci: Upaya hukum; kewajiban alimentasi;anak;dan perlindungan anak.</p>

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 Multiple Practices of Social Pedagogy: The Case of The Smile of the Child , a Non-Profit Organization Dedicated to Children’s Protection and Well-Being

2015 ◽  
Author(s):  
Costas Yannopoulos ◽  
Stefanos Alevizos ◽  
Marina Kavallieraki
Keyword(s):  
Psychological Health ◽  
Child Protection ◽  
Well Being ◽  
Children's Rights ◽  
Children’S Rights ◽  
Voluntary Organization ◽  
Non Profit ◽  
Social Pedagogy ◽  
Physical And Psychological Health

The Smile of the Child is a Greek non-profit, voluntary organization in the field of social pedagogy. It has been an NGO active in the field of child protection and children’s rights since 1996. It began as the dream of 10-year old Andreas Yannopoulos, who, shortly before losing his own battle for life, documented his vision in his journal. The Smile of the Child, empowered by committed employees and the support of hundreds of volunteers, provides services 24 hours a day throughout the year, including programmes for children’s welfare and protection of their physical and psychological health, as well as for the safety of thousands of children in danger in Greece.

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