scholarly journals LEGAL FRAMEWORK IN THE FULFILMENT OF RIGHT TO EDUCATION AS CONSTITUTIONAL RIGHT OF CITIZENS IN BORDER AREA OF NUNUKAN-NORTH KALIMANTAN PROVINCE (Comparison Study and Legal Framework of Right to Education of Citizens in Border Area of Indonesia-Sabah, Malaysia)

2017 ◽  
Vol 2 (2) ◽  
pp. 159
Author(s):  
Yahya Ahmad Zein ◽  
Aditia Syaprillah ◽  
Arif Rohman
Keyword(s):  
Model Comparison ◽  
Legal Framework ◽  
Border Region ◽  
Right To Education ◽  
Border Area ◽  
Policy Model ◽  
Constitutional Right ◽  
The Government ◽  
The Right ◽  
Area Management

The issues was found based on research results in the first year of the model of the fulfillment of the right to education as a constitutional right of citizens in the Nunukan-North Kalimantan Province. The research addresses the policies and models of the fulfillment of the right to education there are still various weaknesses, especially related to the implementation of policies has been contained in the Local Regulations, even worsened by the neglect of border area management principles based on the fulfillment of the right to education that will break the poverty chain, and will strengthen the orientation of border area management based on the welfare of the people. This is of course very interesting when compared to Malaysia's neighboring state Sabah in the fulfillment of the right to education concerning the availability, affordability, acceptance, and conformity of education.The main issues be discussed in this study are how is comparative policies and how os comparison of the framework in the fulfillment of the right to education as a constitutional right of citizens in the border region of Nunukan Indonesia and Sabah Malaysia.this research is a comparative law study so that it will provide a new policy model of border area management based on the fulfillment of the right to education.The results of this study conclude that the Malaysian government's policy of opening and developing the port of Tawau at the end of the 19th century and the port of Tawau is the third major destination in Sabah after Kota Kinabalu and Sandakan as evidence that the management of its border areas using the prosperity approach has brought prosperity to Malaysian citizen who is on the border of his country and this is directly proportional to the strengthening of human resources through the Infrastructure and quality of education of his country. The results of the Model comparison indicate that there are significant differences in the fulfillment of the right to education as a constitutional right of citizens in the border regions of Nunukan Indonesia and Sabah Malaysia in terms of the conditions of educational infrastructure and access to education information. Affordability of school locations and systems that facilitate the process towards educational facilities.Availability of quality education standards for citizens and the availability of adequate teachers at every level of education.The aim of this research is not only for the development of science, especially the knowledge of Indonesian border region, but also contributes as a reference for the government related to the policy of border area management in Indonesia, particularly the reference for Local Govenrmment of Nunukan.

scholarly journals THE MODEL OF LAW ON THE FULFILLMENT OF RIGHT TO EDUCATION AS THE CONSTITUTIONAL RIGHT OF CITIZENSHIP IN TERRITORIAL BORDER

2018 ◽  
Vol 30 (1) ◽  
pp. 168
Author(s):  
Aditia Syaprillah ◽  
Yahya Ahmad Zein
Keyword(s):  
Constitutional Rights ◽  
Right To Education ◽  
Border Area ◽  
National Education ◽  
Legal Model ◽  
Constitutional Right ◽  
The Government ◽  
The Right

AbstractVarious weaknesses are still found in the protection of the rights of citizens, pertaining to the right to education in border area, that resulted in the backwardness and poverty of its citizens. The government of Nunukan District has released a regulation in fulfilling the right to education of citizens, that is regional regulation Number 05 Year 2012 on the management and implementation of education. Legal model for the fulfillment of the right to education of citizens in the border area should refer to the constitutional rights of citizens and in accordance with the international covenant on ECOSOC rights and principles of national education. IntisariPersoalan kebijakan perlindungan hak-hak warga negara khususnya terkait hak pendidikan di wilayah perbatasan selama ini masih terdapat berbagai macam kelemahan yang berakibat keterbelakangan, ketertinggalan dan kemiskinan warga negara di wilayah perbatasan. Kebijakan Pemda Kab. Nunukan dalam rangka pemenuhan hak atas pendidikan warga negara di wilayah perbatasan dituangkan ke dalam Perda Nomor 05 tahun 2012 tentang Pengelolaan Dan Penyelenggaraan Pendidikan. Model hukum Pemenuhan hak atas pendidikan warga negara di wilayah perbatasan harus mengacu pada hak konstitusional Warga Negara yang dijamin dalam konstitusi Indonesia dan sesuai dengan Konvenan Internasional Hak Ekosob dan prinsip-prinsip penyelenggaraan pendidikan nasional.

scholarly journals Rights to Education for Poor Peoples: How The Country Protect Them?

2020 ◽  
Vol 2 (1) ◽  
pp. 29-42
Author(s):  
Luthfi Widyantoko
Keyword(s):  
Educational Development ◽  
National Development ◽  
Access To Education ◽  
Key Factors ◽  
Right To Education ◽  
Equal Distribution ◽  
Classic Problem ◽  
Development Agenda ◽  
The Government ◽  
The Right

This paper discusses the rights of the poor and marginalized in obtaining the right to education as one of the basic human rights. This paper is based on the condition that the urgency of educational development is one of the top priorities in the national development agenda. Educational development is very important because of its significant role in achieving progress in various fields of life: social, economic, political, and cultural. Therefore, the Government is obliged to fulfill the rights of every citizen in obtaining education services in order to improve the quality of life of the Indonesian people as mandated by the 1945 Constitution, which requires the Government to be responsible in educating the life of the nation and creating public welfare. The lack of equal distribution of education in Indonesia is a classic problem which until now there has not been any strategic steps from the government to handle it. This paper confirms that the achievement of the right to education in Indonesia has not been achieved and is motivated by several key factors, among government policies. In addition, human resources and infrastructure are also one of the causes of unequal access to education in Indonesia.

Jordan’s Commitment towards Compulsory and Free Basic Education as a Constitutional Right: An Analytical Field Study

2020 ◽  
Vol 34 (4) ◽  
pp. 356-386
Author(s):  
Ali Mohamed Aldabbas ◽  
Kamal Jamal Alawamleh ◽  
Worud Jamal Awamleh
Keyword(s):  
Public Schools ◽  
Focus Group ◽  
Field Study ◽  
Quantitative Assessment ◽  
Basic Education ◽  
International Standards ◽  
Drop Out ◽  
Right To Education ◽  
Constitutional Right ◽  
The Right

Abstract This study examines the extent to which Jordan is committed to principles of compulsory and free basic education, by analyzing legislation in light of constitutional and international standards regarding the right to education. Methodology includes quantitative assessment of these principles using a questionnaire distributed to students and their teachers in a number of public schools in three Jordanian governorates. Three focus group sessions composed of students and their teachers were held. The study suggests that, whilst the Jordanian Constitution has explicitly adopted such principles, Jordanian law yet includes provisions that diminish providing free basic education to all children of compulsory age and that mitigate the number of students who drop out of school. This study proposes amending the title of Chapter II of the Constitution and Article 20 to ensure that all children living in Jordan enjoy the right to education.

scholarly journals The Right to Education and ICT during COVID-19: An International Perspective

2020 ◽  
Vol 12 (21) ◽  
pp. 9091
Author(s):  
Luis Miguel Lázaro Lorente ◽  
Ana Ancheta Arrabal ◽  
Cristina Pulido-Montes
Keyword(s):  
Low Income ◽  
International Perspective ◽  
School Closure ◽  
Global Perspective ◽  
Low Income Countries ◽  
Right To Education ◽  
The World ◽  
The Government ◽  
The Right ◽  
The Impact

There is a lack of concluding evidence among epidemiologists and public health specialists about how school closures reduce the spread of COVID-19. Herein, we attend to the generalization of this action throughout the world, specifically in its quest to reduce mortality and avoid infections. Considering the impact on the right to education from a global perspective, this article discusses how COVID-19 has exacerbated inequalities and pre-existing problems in education systems around the world. Therefore, the institutional responses to guaranteeing remote continuity of the teaching–learning process during this educational crisis was compared regionally through international databases. Three categories of analysis were established: infrastructure and equipment, both basic and computer-based, as well as internet access of schools; preparation and means of teachers to develop distance learning; and implemented measures and resources to continue educational processes. The results showed an uneven capacity in terms of response and preparation to face the learning losses derived from school closure, both in low-income regions and within middle- and high-income countries. We concluded that it is essential to articulate inclusive educational policies that support strengthening the government response capacity, especially in low-income countries, to address the sustainability of education.

scholarly journals EFEKTIFITAS PERATURAN DAERAH KOTA MAKASSAR NOMOR 6 TAHUN 2013 DALAM PEMENUHAN HAK DASAR PENDIDIKAN PENYANDANG DISABILITAS DI KOTA MAKASSAR

2019 ◽  
Vol 13 (2) ◽  
Author(s):  
Firman Umar ◽  
Nur Syarif Ramadhan
Keyword(s):  
Students With Disabilities ◽  
City Government ◽  
School Level ◽  
Educational Institutions ◽  
Right To Education ◽  
Persons With Disabilities ◽  
Basic Rights ◽  
The Government ◽  
The Right ◽  
The City

This study aims to determine: (1) The fulfillment of basic rights to education for Persons with Disabilities in Makassar based on Local Regulation Makassar City No. 6 of 2013, (2) Obstacles encountered in obtaining the basic right of education of persons with disabilities in the city of Makassar, (3 ) the right solution to overcome the obstacles encountered in obtaining the basic right of education of persons with disabilities in the city of Makassar. This research is a study that used a qualitative descriptive approach, which is where the primary data source being informers are students with disabilities the high school level, students with disabilities S1, officials of Education Department of Makassar, members of Parliament of Makassar, the Management Organization disabilities, Pembina NGOs and Parents persons with disabilities. The data collection procedures used were interviews and documentation. While the analysis of the data used is descriptive analysis. The results showed that: (1) Makassar City Government has sought the fulfillment of the basic right to education for persons with disabilities in the city of Makassar. it is evidenced with the local regulations require every institution in which education in the city of Makassar to provide opportunities for persons with disabilities to education. The effect of the presence of these regulations is at the moment with disabilities have been able to attend school at any educational institutions both at school SLB, Regular schools and universities. (2) they encountered several obstacles that obtained with disabilities in getting the right to education that is still no educational establishments are not willing to accept persons with disabilities to attend regular schools, educational facilities are not accessible for persons with disabilities and there are educators at regular schools who do not understand in dealing with students with disabilities. (3) to overcome these obstacles, the government should socialize more about the policies that guarantee basic rights of education of persons with disabilities in educational institutions that are still not willing to accept students with disabilities. In addition, the government should identify the persons with disabilities who attend regular school, then allocate the budget for the procurement of infrastructure and training of educators in dealing with students with disabilities in regular schools and universities.

scholarly journals Pemenuhan Hak Pendidikan Dasar Di Kota Ambon Saat Pandemi Covid-19

SASI ◽  
2021 ◽  
Vol 27 (2) ◽  
pp. 196
Author(s):  
Lucia Charlota Octovina Tahamata ◽  
Welly Angela Riry
Keyword(s):  
Learning Process ◽  
Digital Literacy ◽  
Teaching And Learning ◽  
Basic Education ◽  
Literacy Skills ◽  
Learning System ◽  
Right To Education ◽  
Learning Methods ◽  
The Government ◽  
The Right

Fulfilling of the Right to Education is a part of Human Rights. The right to education has become important in line with government policies to work from home during the Covid 19 pandemic. During the Covid-19 pandemic the learning process uses two learning methods, namely the online method and the offline method. Two learning methods are used for learning but the process has not been implemented optimally by both teachers and students, there are always obstacles faced. The purpose of this study was to determine and study the fulfillment of the right to basic education during the Covid 19 pandemic. The authors conducted research at the Department of Education and Culture of Elementary Schools and Junior High Schools in Ambon City using empirical research methods, data collection techniques through interviews and observations to students. Based on the results of the research conducted, the authors found that the distance learning system in schools in Ambon City was not optimal due to facilities and infrastructure and mastery of technology. which is still low. Fulfilling the right to education requires the involvement of all parties, namely the government, educators, students and parents to work together in the teaching and learning process during the Covid-19 pandemic. The government, educators, students and educational administering institutions at a practical level must strive to develop learning methods with good digital literacy skills so that they need to be improved through trainings using media for online learning for both educators, students and parents

scholarly journals Building the Builders to Ensure Delivery of Good Quality Education in South Africa: A Critical Legal Insight

2021 ◽  
Vol 11 (4) ◽  
pp. 67
Author(s):  
Isaiah Mmatipe Sefoka
Keyword(s):  
South Africa ◽  
Teaching And Learning ◽  
High Standard ◽  
Empirical Approach ◽  
Quality Education ◽  
Legal Research ◽  
Right To Education ◽  
Research Activities ◽  
The Government ◽  
The Right

This paper examines how educators are playing a dynamic role in ensuring the realisation of the right to quality education through their educational pedagogies. Teaching and learning have now become an essential tool in shaping the right to access quality education. The paper articulates the intervention by the judiciary through its pronouncements, laws, structures, policies and salient programmes in promoting the right to quality education. It emphasises the importance of capacitating educators with relevant expertise and knowledge so that they will impart that education to the learners. It also hints the importance of having good infrastructural amenities as they augment the delivery of the right to quality education. This paper emphasizes that jurisprudentially speaking, the right to education is inalienable and as such, it is incumbent on the government and institutions responsible for delivery of education to ensure that the right is promoted and always provided for. The paper adopted a non-empirical approach generally acceptable in legal research activities. It recommends that government must capacitate and empower educators as this will enable them to improve their pedagogic methods and as a result deliver an education of good quality and high standard.   Received: 21 December 2020 / Accepted: 8 April 2021/ Published: 8 July 2021

scholarly journals Kesejahteraan Masyarakat Perbatasan Sebagai Tolak Ukur Efektivitas Keadilan di Indonesia

2021 ◽  
Vol 1 (1) ◽  
pp. 30-39
Author(s):  
Gede Yudiarta Wiguna ◽  
Siti Safa’ati Rohmah ◽  
Gusti Ayu Indira Syahrani Putri
Keyword(s):  
Qualitative Approach ◽  
Border Region ◽  
Border Area ◽  
The People ◽  
Border Areas ◽  
The Republic ◽  
The Government ◽  
Definition Of ◽  
Study Type

This article was written with the aim of discussing the situation of the people who live on the borders of the Unitary State of the Republic of Indonesia, which are classified as far from the reach of the government regarding justice and justice. The lack of concern for the conditions of life in the border region is a rebellion which has an effect on the sense or spirit of people's nationalism towards their own homeland. The method used in this article is a case study type qualitative approach. This article explains the definition of justice obtained from accountable sources and in this article discusses the conditions and situations of the people who live in the border area as a measure for the realization of equitable justice and justice. This article can later be used as a reference in realizing the welfare and justice of communities in border areas.

scholarly journals The Legal Framework and Barriers to Access to Environmental Information in Ethiopia

2021 ◽  
Vol 15 (1) ◽  
pp. 139-172
Author(s):  
Abdulkader Mohammed Yusuf
Keyword(s):  
Legal Framework ◽  
Vital Role ◽  
Environmental Information ◽  
Access To Information ◽  
Multilateral Environmental Agreements ◽  
The Public ◽  
Barriers To Access ◽  
Constitutional Right ◽  
The Right ◽  
Right Of Access

Information plays a vital role, both in terms of its importance for a democratic order and as a prerequisite for public participation. Many countries have made provisions for access to information in their respective constitutions. The FDRE Constitution explicitly provides that everyone has the right to seek and receive information. The Freedom of Mass Media and Access to Information Proclamation –which entered into force in 2008– gives effect to this Constitutional guarantee. Moreover, the number of laws on different environmental issues is on the rise, and the same could be said of the multilateral environmental agreements that Ethiopia has ratified. Many of the laws incorporate the right of the public to access environmental information held by public bodies. Despite the existing legal framework, there are still notable barriers to access to environmental information. By analyzing the relevant laws, the aim of this article is to contribute to the dialogue on the constitutional right of access to information with particular emphasis on the legal framework on, and the barriers to, access to environmental information within the meaning of Principle 10 of the Rio Declaration.

scholarly journals Legal problems of ensuring equal conditions for realization the constitutional right to education

2018 ◽  
Vol 2 (4) ◽  
pp. 30-42
Author(s):  
A. Matnenko
Keyword(s):  
Selection Process ◽  
Developed Countries ◽  
School Education ◽  
Right To Education ◽  
Education Inequality ◽  
The United Kingdom ◽  
Foreign Countries ◽  
Constitutional Right ◽  
The Individual ◽  
The Right

The subject of the paper is legal conditions for realization the constitutional right to education.The purpose of the paper is to confirm or disprove the hypothesis that legal measures of realization of the right to education that are used in developed foreign countries can be used in Russia to improve Russian educational legislation.The methodology. General scientific methods as analysis, synthesis, induction, deduction, comparison were used. The author also uses the formal legal interpretation of Russian judicial decisions as well as comparative legal method.The main results and scope of their application. The court decisions supporting the principle of territorial consolidation of schools indicate that this principle does not exclude the possibility of citizens not residing in the fixed territory to enter the school of their choice. However, the implementation of this feature, due to the lack of legislative regulations of the procedure, can cause bias, corruption and other abuses of constitutional right to education. Inequality children’s opportunities to enter the school due to their place of residence persists in the individual selection process. Situations where there are no clear and consistent rules for the provision school education inevitably generates numerous violations of citi-zens' rights and inequality based on the financial situation of parents. In Russia, there is no "waiting list", when children wishing to enroll in a particular school, would be taken to the vacant place. Accordingly, the adoption of such decisions by school administrations also lies in the plane of subjective discretion and causes corruption risks. China's experience is interesting because there are transparent, equal conditions for legal attraction of extra-budgetary funds to the school system, which do not turn access to education in the best schools into a corruption scheme or competition of parents ' incomes and do not infringe the rights of those who seek to enter them on the basis of their own achievements and knowledge. Speaking about the British experience, it is interesting to note that the lack of vacancies in the school itself can not be a reason for refusing to enroll a child in school.Conclusions. The legal experience of developed countries, such as the United Kingdom, Germany, Austria, Japan, China, in regulating the grounds and procedures for the provision of school education can be successfully applied in order to improve the Russian legislation, which establishes the legal mechanisms for the implementation of the constitutional right to education.

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