scholarly journals EFEKTIVITAS PEMENUHAN HAK ANAK SETELAH PERCERAIAN (Studi Kasus di Kota Makassar)

2020 ◽  
Vol 1 (2) ◽  
pp. 1
Author(s):  
Awaluddin Sallatu
Keyword(s):  
Juvenile Court ◽  
Legal Protection ◽  
Children's Rights ◽  
The State ◽  
Children’S Rights ◽  
Rights Of The Child ◽  
The Future ◽  
The Government

AbstractThe Juvenile Court has included the rights of the child, the implementation of the obligations of parents, society and the government and the State, but the protection of children's rights still requires serious handling when there are things that are specific relating to legal protection for themselves. and if this can be overcome then every child will be able to assume their responsibilities as a child in the future so that the child is still given the broadest opportunity to grow and develop optimally, both physically, mentally and socially, with noble character, it is necessary to protect and to realize the welfare of children by providing guarantees for the fulfillment of their rights and the treatment without discrimination. This study aims to determine and analyze the effectiveness of fulfilling children's rights after divorce as well as factors that are inhibiting the fulfillment of children's rights after divorce.Keywords: Fulfillment Effectiveness, Children's Rights, After Divorce.AbstrakPengadilan Anak telah mencantumkan hak-hak anak, pelaksanaan kewajiban orang tua, masyarakat dan pemerintah serta Negara, namun perlindungan terhadap hak-hak anak masih memerlukan penanganan yang serius manakala ada hal-hal yang sifatnya spesifik yang berkaitan dengan perlindungan hukum bagi dirinya. dan apabila hal tersebut dapat diatasi maka setiap anak kelak mampu memikul tanggung jawabnya sebagai anak dikemudian hari sehingga dengan demikian anak tetap diberikan kesempatan yang seluas-luasnya untuk tumbuh dan berkembang secara optimal, baik fisik, mental maupun sosoial, berakhlak mulia, perlu dilakukan upaya perlindungan serta untuk mewujudkan kesejahteraan anak dengan memberikan jaminan terhadap pemenuhan hak-haknya serta adanyaperlakuan tanpa diskrimansi. Penelitian ini bertujuan untuk mengetahui dan menganalisis efektivitas pemenuhan hak anak setelah perceraian serta faktor-faktor yang menjadi penghambat dalam pemenuhan hak anak setelah perceraian.Kata Kunci :Efektivitas Pemenuhan, Hak Anak, Setelah Perceraian.

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 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.

scholarly journals Beginning of Protection of Children’s Rights in the Vietnamese Legal Development

DÍKÉ ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 105-118
Author(s):  
Giang HUYNH THI TRUC
Keyword(s):  
United Nations ◽  
Children's Rights ◽  
The State ◽  
Children’S Rights ◽  
Colonial Rule ◽  
Legal Development ◽  
Rights Of The Child ◽  
French Colonial ◽  
United Nations Convention ◽  
The Government

In Vietnam, the government has focused on protecting children’s rights for many years, especially after the State signed the United Nations Convention on the Rights of the Child; however, whether such rights existed during the French colonial rule in Vietnam is an issue that needs to be clarified. This paper is formulated on the premise that the protection of children’s right was legislated in the Vietnamese law during the French occupation. In order to prove this position, this paper considers the laws enforced during the French colonial rule in Vietnam (1858–1945).

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.

Hong Kong pre-service teachers’ attitudes towards and knowledge of children’s rights

2018 ◽  
Vol 15 (2) ◽  
pp. 119-135
Author(s):  
Yan Lam Lo
Keyword(s):  
Hong Kong ◽  
Children's Rights ◽  
Self Determination ◽  
Children’S Rights ◽  
Adequate Knowledge ◽  
Rights Of The Child ◽  
Positive Attitudes ◽  
Training Institutions ◽  
The Government ◽  
Teachers Attitudes

The Convention on the Rights of the Child emphasizes that the education of the child should be directed to the development of respect for human rights and fundamental freedoms. However, though Hong Kong is a one of the States Parties to the Convention on the Rights of the Child, the government does not put much emphasis on promoting Convention on the Rights of the Child. Children’s rights education is not compulsory in schools or in teacher training institutions in Hong Kong. It is detrimental if teachers do not possess adequate knowledge and positive attitudes towards children’s rights as they hold a crucial role in educating children about their rights and nurturing rights-respecting students. Through modifying Rogers and Wrightsman’s Children’s Rights Attitudes Scale, the present research examined pre-service teachers’ attitudes towards children’s self-determination rights, nurturance rights, and the conflict between self-determination and nurturance rights, and also their knowledge of children’s rights, in order to uncover the areas of improvements.

The Long Awaited: Past Futures of Children’s Rights

2013 ◽  
Vol 21 (2) ◽  
pp. 209-232
Author(s):  
Anne McGillivray
Keyword(s):  
Children's Rights ◽  
Children’S Rights ◽  
History Of Childhood ◽  
World State ◽  
Social Interventions ◽  
Rights Of The Child ◽  
The Future ◽  
Utopian Thinking ◽  
History Of ◽  
Good For

This paper is an invitation to re-think how we think about the future of children’s rights. Utopias, science fictions, and the trajectories of history are invoked in futurist imaginings. Utopian thinking across centuries has both marked and marred social interventions into the conduct of childhood. Visionaries from More to Comenius to H.G. Wells have to a greater or lesser extent focused on childhood as means to a utopian end. While utopianism has deeply harmed children, the Convention on the Rights of the Child is in some ways indebted to Wells’s imagined World State. The long history of childhood discloses intimations of rights millennia before rights existed. It also discloses how doing good for children often has gone terribly wrong due to failure of the imagination. Science fictions are rapidly becoming fact. Rights thinking has failed to keep pace with developments profoundly affecting children and the conduct of their childhood.

scholarly journals Juvenile Justice

2020 ◽  
pp. 278-306
Author(s):  
Ton Liefaard
Keyword(s):  
Juvenile Justice ◽  
Children's Rights ◽  
Legal Framework ◽  
Children’S Rights ◽  
Specific Approach ◽  
Implementation Challenges ◽  
Rights Of The Child ◽  
The Future ◽  
Rights Issue ◽  
Domestic Level

Juvenile justice is a children’s rights issue. This chapter sheds light on the international children’s rights framework for juvenile justice and elaborates on its implications for juvenile justice systems at the domestic level. It discusses the comprehensive nature of the international legal framework and addresses key implementation challenges in light of the complexity of and controversies inherently related to juvenile justice. In doing so, the chapter shows there are specific challenges that ought to be recognized in order to enhance the protection of children in conflict with the law and secure a fair and child-specific approach. At the same time, it points at the progress made since adoption of the UN Convention on the Rights of the Child (CRC), which justifies the conclusion that the future of children’s rights implementation in the context of juvenile justice is a hopeful one.

scholarly journals PRINSIP DAN KEBIJAKAN DALAM PENGEMBANGAN KOTA LAYAK ANAK BERDASARKAN PERATURAN MENTERI NEGARA PEMBERDAYAAN PEREMPUAN DAN PERLINDUNGAN ANAK NOMOR 11 TAHUN 2011 TENTANG KEBIJAKAN PENGEMBANGAN KABUPATEN/KOTA LAYAK ANAK

PRANATA HUKUM ◽  
2020 ◽  
Vol 15 (2) ◽  
pp. 172-182
Author(s):  
Yulia Hesti ◽  
Risna Intiza
Keyword(s):  
Civil Rights ◽  
Family Environment ◽  
Child Protection ◽  
Information Disclosure ◽  
Birth Certificate ◽  
Well Being ◽  
Children's Rights ◽  
Children’S Rights ◽  
The Future ◽  
The Government

Family is the smallest government, where there are problems or conflicts that occur in both parenting, protection, supervision, education and giving freedom in choosing skills, favorites that can be developed and applied in society and for the future. Seeing more and more cases of bullying, violence in schools and in the community is growing, worrying parents. Based on that background, the formulation of the problem is whether the Principles and Policies in The Development of ChildrenWorthy Cities based on the Regulation of the Minister of State for Women Empowerment and Child Protection on Child Development Policy No. 11 of 2011. Based on Article 5, it affirms that the government in creating programs and policies that put children's rights first, both to grow and develop children because the current growth of the child will have an impact on their lives in the future. Give breadth so that the child can give his opinion according to his point of view, because we do not know that there is a great potential that exists on each side of the child. Children are the next generation of the nation, the pride of every parent and family, who must be looked after and protected as best they can. Under Article 6, its policy governs a. civil rights and freedoms; b. family environment and alternative parenting; c. basic health and well-being; d. education, leisure use, and cultural activities; and e. special protection. The principles in government management must be transparency, accountability, participation, information disclosure, and legal supremacy, and not discrimination or discriminating between tribes, races, cultures and others. The policy on children's rights is a civil right in which the right to identity is the child hasa birth certificate.

scholarly journals IMPLEMENTASI KEBIJAKAN PENGEMBANGAN KABUPATEN/KOTA LAYAK ANAK (KLA) DI KOTA PALEMBANG

2020 ◽  
Vol 2 (2) ◽  
pp. 36-52
Author(s):  
Amir Mahmud ◽  
Suandi Suandi
Keyword(s):  
Development Policy ◽  
Children's Rights ◽  
Children’S Rights ◽  
Political Environment ◽  
Research Use ◽  
Business World ◽  
Violence Against Children ◽  
Rights Of The Child ◽  
Child Friendly ◽  
The Government

Implementation of Child Friendly Cities Development Policy is one way to create an environment that can guarantee fulfillment of children's rights carried out by the government together with the community and the business world. In Indonesia, cases of violations of children's rights are increasingly prevalent, especially cases of violence against children. The purpose of this research is to determine Implementation of Child Friendly Cities Development Policy in Palembang City. This research use methode is qualitative methode. This research used policy implementation theory by Van Metter and Van Horn in Agustino (2008). Data collection techniques which used are interview, observation and documentation. Data analysis which used is data reduction, display data, and conclusion. The triangulation technique used to check the validity of the data in this research is the source and method triangulation. The result shows that the implementation of Child Friendly Cities Development Policy in Palembang is generally good, seen from the achievement of the objectives policy with the fulfillment of the majority of children's rights under the Convention on the Rights of the Child (KHA), although there are some things still need to be improved, namely the characteristics of implementing agencies, inter-organizational communication and implementing activities, as well as the economic, social and political environment.

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