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.

scholarly journals PERLINDUNGAN HUKUM TERHADAP ANAK DALAM PERSPEKTIF HAK ASASI MANUSIA

2018 ◽  
Vol 4 (1) ◽  
pp. 141
Author(s):  
Muhammad Fachri Said
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Research Method ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Research ◽  
Descriptive Research ◽  
The Common ◽  
The Government

This study aims to analyze the problem of legal protection for children in the perspective of human rights. The type of this research is socio-juridical or including descriptive research with a non-doctrinal approach, which views law as a socio-empirical symptom observed in experience. The research method used is descriptive research with the type of incorporation of normative legal research with sociological legal research related to the implementation of legal protection for children in the perspective of human rights. The results of the study show that the results of this study are the legal protection of children in the perspective of human rights in essence is an effort made by parents, government and society to fulfill and guarantee all children's rights that have been guaranteed in the convention of children's rights and laws Number 35 of 2014 concerning Child Protection. Legal protection for children in the perspective of human rights is less implemented because the government has not implemented its obligations in fulfilling children's rights so that there are still legal violations of children. The recommendation of this research is to implement legal protection for children in the perspective of human rights, parents should be fully responsible for the behavior of children and the government establishes policies that are in line with the wishes of the community, so that the common perception between parents, government and society is realized in fulfilling the rights child.

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 KEBEBASAN PERS DALAM PERSPEKTIF PERADILAN PIDANA

1970 ◽  
Vol 4 (1) ◽  
pp. 1-13
Author(s):  
Vivi Ariyanti
Keyword(s):  
National Security ◽  
Code Of Ethics ◽  
Criminal Code ◽  
Press Freedom ◽  
Freedom Of The Press ◽  
Public Order ◽  
Working Process ◽  
Process Testing ◽  
Administration Of Justice ◽  
The Press

Freedom of the press in the perspective of the criminal justice is the use of the provisions of the Criminal Code; itis not limitation or restraint on freedom of the press, because the provision was only a tool that is used for the testing of limitativeconduct a press working process. Testing can be done by using specific parameters as stipulated in the convention on thefreedom of information, such as the press can not be prosecuted in criminal law except when to do positive things likecontempt, sedition, blasphemy, pornography, a lie news, disturb national security and public order and statements thatimpede the fair administration of justice. Therefore, in press freedom, presenting news must be based on features newsjournalist code of ethics that exist

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 Child Labor Protection Based on Indonesian Manpower Act and Human Rights Principle

2020 ◽  
Vol 9 (2) ◽  
pp. 253
Author(s):  
Ridwan Arifin ◽  
Rodiyah Rodiyah ◽  
Aprilia Putri Adiningsih
Keyword(s):  
Human Rights ◽  
Child Labor ◽  
Child Protection ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Labor Protection ◽  
Key Issues ◽  
Human Rights Act ◽  
Online Sources

Child labor in many cases tends to experience various acts of crime and violence, even in the violation of their human rights, such as human trafficking and exploitation. Child labor has been regulated in various laws and regulations, including the Manpower Act. This paper examines three important key issues, namely: first, the legal protection of child labor in Indonesia based on labor and human rights laws, second, an analysis of the child labor protection rules applicable in Indonesia, and third, the emergence of child labor (child labor) in Indonesia. This research is normative legal research, where the study is literature. However, field data on this study were obtained from various related previous research results, both print and online sources. This research emphasized that the prohibition of working or employing children has been regulated in the Manpower Act which is closely related to efforts to protect children’s rights, which are also guaranteed protection in Law Number 39 of 1999 concerning Human Rights (Human Rights Act). The principle of child protection not only stipulated on Human Rights Act, but also Indonesian Manpower Act and Indonesia Child Protection Act. However, weaknesses of Manpower Act do not expressly prohibit child labor. In certain occupations, child labor is still permitted on various conditions. But in fact, these requirements are very difficult to control so that many children’s rights are violated.

scholarly journals Sosialisasi Pendampingan Hukum Terhadap Anak Asuh di SOS Children Villages

2019 ◽  
Vol 1 (1) ◽  
pp. 39
Author(s):  
Nila Trisna
Keyword(s):  
Child Protection ◽  
Growth And Development ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Assistance ◽  
The West ◽  
District Government ◽  
Perpetrators And Victims ◽  
The Government

Law No. 35 of 2014 concerning protection of children also guarantees the fulfillment of children's rights to survival, growth and development and is entitled to protection from violence and discrimination. Fulfillment of the rights of basic needs and protection for children in the scope of West Aceh has not yet been fully implemented. The process of conducting the socialization was carried out by the method of exposure and discussion of legal counseling materials about the role and obligations of the Government in providing legal protection to children who need legal assistance. The participation of all parties in paying attention to the protection of children is one thing that is very urgent. Given cases involving children in conflict with the law both as perpetrators and victims, often ignoring the rights of children who should be protected by laws and regulations. This is what needs to be done by all parties to encourage the West Aceh District Government to immediately give birth a Qanun on Child Protection. So that with regulations specifically related to child protection, children's rights are guaranteed by law. 

scholarly journals The Function of the Press Council in Supporting Legal Protection for Journalists to Actualise the Press Freedom

2020 ◽  
Vol 13 (1) ◽  
pp. 104
Author(s):  
Suriyanto Suriyanto
Keyword(s):  
Code Of Ethics ◽  
Legal Protection ◽  
Press Freedom ◽  
State Legislation ◽  
The Press ◽  
Unified View ◽  
To Receive ◽  
Democratic Country

The Press Law established in 1999 as one of the main agenda for reform is a step forward in the effort to actualize press freedom, which is one of the important pillars in a democratic country. The Press Law introduces several things that are intended to strengthen press freedom as well as the quality of journalistic works. Among them are the participation of the community in supervising the press and the functions of the Press Council to receive complaints from the community and to establish and enforce the journalistic code of ethics with the press organization. However, until now the efforts to continue criminalization against journalists in Indonesia. Law enforcers still do not have a unified view that is in accordance with the spirit of democracy to realize press freedom in Indonesia. This was mainly driven by the practice of state legislation that sets out other laws, such as the ITE Law and the Pornography Law after the Press Law which contains provisions that open multiple interpretations of the provisions of the Press Law. The role of the Press Council in legal protection for journalists has also not been seen and it is as if it has become a new institution that repressed journalists.

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 HAK ANAK DALAM SISTEM PERADILAN PIDANA ANAK DI INDONESIA

2020 ◽  
Vol 9 (1) ◽  
pp. 91
Author(s):  
Ramdani Ramdani
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Literature Study

Penelitian ini membahas tentang “Hak Anak Dalam Sistem Peradilan Pidana Anak di Indonesia”. Penelitian ini bertujuan untuk mengentahui, menganalisis dan membahasn konsep serta bentuk dari hak anak dalam sistem peradilan pidana anak di Indonesia. Penelitian ini merupakan penelitian normativ dengan menggunakan pendekatan studi kepustakaan dengan menelaah, meneliti dan mengkaji perundang-undangan yang membahas tentang hak anak baik secara konsep maupun bentuk. Hasil dari penelitian ini secara garis besar dapat disimpulkan bahwa anak dalam dalam perkara pidana mendapat jaminan perlindungan hukum dalam berbagai bentuk seperti jaminan keselamatan baik fisik, mental maupun sosial dan memiliki akses terhadap informasi mengenai perkembangan perkara. Anak harus mendapatkan haknya berdasarkan kepentingan terbaik anak penghargaan terhadap anak. Jaminan perlindungan yang didapat tidak hanya dari Undang-undang No 11 tahun 2012 tentang sistem peradilan pidana anak namun juga dari Undang-undang No 13 tahun 2006 tentang perlindungan saksi dan korban. Negara dalam hal ini pemerintah dan aparatur penyelenggara memperhatikan implementasi yang efektif dengan pertimbangan kepentingan terbaik anak.Kata kunci: Sistem peradilan pidana anak, perlindungan anak, hak anakThis research discusses "Children's Rights in the Child Criminal Justice System in Indonesia". This study aims to identify, analyze and discuss the concepts and forms of children's rights in the juvenile justice system in Indonesia. This research is a normative study using a literature study approach by examining, researching and examining laws that discuss children's rights both in concept and form. The results of this study can be broadly concluded that children in criminal cases receive legal protection guarantees in various forms such as safety guarantees both physically, mentally and socially and have access to information regarding case developments. Children must get their rights based on the best interests of the child and respect for the child. The guarantee of protection is obtained not only from Law No. 11 of 2012 concerning the juvenile criminal justice system but also from Law No. 13 of 2006 concerning the protection of witnesses and victims. The state in this case the government and the apparatus organizers pay attention to effective implementation with consideration of the best interests of children.Keywords: Child criminal justice system, child protection, children's rights

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