scholarly journals KONSEP SEKOLAH RAMAH HAK ASASI MANUSIA (HAM) SEBAGAI WUJUD PELAKSANAAN KONSTITUSI

2020 ◽  
Vol 6 (3) ◽  
Author(s):  
Chairiyah Chairiyah ◽  
Nadziroh Nadziroh ◽  
Wachid Pratomo
Keyword(s):  
Human Rights ◽  
Cultural Values ◽  
Teaching And Learning ◽  
Education Law ◽  
Right To Education ◽  
National Education ◽  
Teachers And Students ◽  
National Life ◽  
The Government ◽  
The Right

 Schools are one place to educate national life. Schools also form the basis of the government in carrying out its obligations to fulfill the right to education of Indonesian citizens. In addition to the right to education which is a constitutional mandate, schools are also part of the fulfillment of human rights. The National Education Law (Law No 20/2003) article 4 paragraph 1 states that education is carried out democratically and fairly and is not discriminatory by upholding human rights, religious values, cultural values, and national pluralism. Education-based on human rights means that the learning process is carried out in a way where teachers and students must be protected with mutual respect for human rights. In the teachings of Taman Siswa are taught the main principles, namely nature, independence, culture, nationality, and humanity. So, carrying the paradigm of human rights in teaching and learning in schools is not something strange because the foundation has been firmly established by Ki Hadjar Dewantara. Teachers have the right innovations to develop human rights values in schools. 

scholarly journals Legal Regulation of Relations in the Field of Education

2019 ◽  
Vol 8 (4) ◽  
pp. 9035-9038
Keyword(s):  
Human Rights ◽  
Migration Policy ◽  
Case Law ◽  
Legal Regulation ◽  
European Convention ◽  
Right To Education ◽  
National Education ◽  
Education Legislation ◽  
European Court ◽  
The Right

The article analyzes the specifics of ensuring the protection of the right to education in case-law decisions of the European Court of Human Rights. The authors have found that there are problems in the current education systems both in Europe and Russia. These problems are solved in accordance with the case law created by the European Court of Human Rights making decisions to ensure the right to education. The authors have noted the main violations committed by governments or governmental bodies in its implementation. The authors have shown the correspondence of the norms of national education legislation of a number of European countries to the provisions of the European Convention on Human Rights. In this regard, the authors have concluded that today, the right to education in European states is not always respected due to migration policy and in the future, relations in this area will deteriorate.

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 HAK ASASI MANUSIA SEBAGAI JUS COGENS DAN KAITANNYA DENGAN HAK ATAS PENDIDIKAN

Yuridika ◽  
2017 ◽  
Vol 32 (2) ◽  
pp. 352
Author(s):  
Virgayani Fattah
Keyword(s):  
Human Rights ◽  
International Law ◽  
Right To Education ◽  
Social Community ◽  
National Education ◽  
Peremptory Norm ◽  
Jus Cogens ◽  
The Right ◽  
Peremptory Norms

Jus cogens as a norm of general international law accepted and recognized by the community as a whole interasional with the main characteristics are non-derogable nature. The right to education is a fundamental human rights, so that its presence can not be reduced under any circumstances based on the benefits and importance of education for children. The national education policy is not fully aligned with the international human rights instruments led to the development of the education sector is not entirely based on human rights. Government is obliged to fulfill the right to education, especially with regard to the budget for building and repairing school buildings and improve the quality of education in Indonesia. The importance of the right to education as the main vehicle for elevating and empowering children from poverty, as a means to actively participate in the construction and total social community and as a powerful path towards human civilization itself. So it can be understood that a peremptory norm, also called jus cogens is a basic principle of international law that is considered to have been accepted in the international community of the country as a whole. Unlike general treaty law that traditionally requires treaties and allows for changes in obligations between countries through treaties, peremptory norms can not be violated by any country.

scholarly journals Penyelenggaraan Pendidikan Kristen Sebagai Pemenuhan Hak Asasi Manusia

2020 ◽  
Vol 1 (1) ◽  
pp. 25-37
Author(s):  
Clartje Silvia E. Awulle
Keyword(s):  
Human Rights ◽  
Christian Education ◽  
Active Role ◽  
The State ◽  
Christian Higher Education ◽  
Human Right ◽  
Right To Education ◽  
National Education ◽  
Role Of The State ◽  
The Right

This paper examines the organization of Christian education by the Theological College in the context of the fulfillment of human rights in the field of education. The writing of this paper uses qualitative discription methods and literature studies. In the context of human rights, the right to education is categorized as a positive right (positive right) because to realize these rights, it really requires an active role of the state so that the formulation of the right to education uses the term right to (right to) meaning that every citizen has the right to proper education as a basic human right that must be protected and fulfilled by the state with the aim that humans are protected their dignity, welfare and continuity of life. Having the opportunity to attend Christian education is a basic right of every Indonesian citizen who is a Christian who must be protected, guaranteed and fulfilled by the state. In the end all Christian citizens have the same opportunity to enjoy Christian higher education as a national education sub-system without discrimination. Abstrak Makalah ini mengkaji mengenai penyelenggaraan pendidikan kristen oleh Sekolah Tinggi Theologi dalam konteks pemenuhan hak asasi manusia (HAM) di bidang pendidikan. Penulisan makalah ini menggunakan metode qualitative discription dan studi literatur. Dalam konteks HAM, hak atas pendidikan dikategorikan sebagai hak positif (positive right) karena untuk merealisasikan hak-hak tersebut, sangat membutuhkan peran aktif negara sehingga rumusan hak atas pendidikan menggunakan istilah right to (berhak atas) artinya setiap warga negara berhak atas pendidikan yang layak sebagai hak dasar manusia yang harus dilindungi dan dipenuhi oleh negara dengan tujuan agar manusia terlindungi martabat, kesejahteraannya dan kelanjutan kehidupannya. Memperoleh kesempatan untuk mengikuti pendidikan kristen adalah hak dasar setiap warga negara Indonesia yang beragama kristen yang wajib dilindungi, dijamin dan dipenuhi oleh negara. Pada akhirnya semua warga negara Kristen memiliki kesempatan yang sama untuk menikmati pendidikan tinggi kristen sebagai sub sistem pendidikan nasional tanpa diskriminasi.

scholarly journals The Rule of Law for the Right to Inclusive Education in Indonesia

2019 ◽  
Vol 06 (03) ◽  
pp. 594-618
Author(s):  
Maya Indrasti ◽  
Faridah Jalil
Keyword(s):  
Inclusive Education ◽  
Point Of View ◽  
Education For All ◽  
Education Policies ◽  
Right To Education ◽  
Persons With Disabilities ◽  
National Education ◽  
Marginalized Learners ◽  
The Government ◽  
The Right

Indonesia is committed to guarantee the right to education for all citizens without exception. The commitment of Indonesia to Education for All (EFA) leads to the fulfillment of inclusive education policies. The people of Indonesia tend to understand inclusive education as education for people with disabilities. On the other hand, inclusive education has a broader meaning, which does not refer only to special education. Furthermore, it also covers education with special services. The essence of inclusive education is to remove barriers that limit all marginalized learners, to respect diversity and needs, to create patterns of education without discrimination, and ultimately to achieve quality education. People’s understanding leads to questions about inclusive education in legal context, as well as the rules of inclusive education in Indonesia. This paper contains a qualitative study with a historical-doctrinal approach. The study aims to explain the right to inclusive education listed in the rules and regulations in Indonesia and their problems. From the normative point of view, the rules on inclusive education are regulated in the Law Number 8 of 2016 on Persons with Disabilities and the Regulation of the Minister of National Education Number 70 of 2009. Furthermore, the rules of inclusive education can also be found in several other regulations implicitly. Most of the rules have stipulated provisions that include the right to education. Therefore, the Government appears to be progressively realizing the respect, protection, and fulfillment of the right to education, including inclusive education, for all people of Indonesia.

scholarly journals HUMAN RIGHTS CATEGORIZED JUS COGENS AND IT’S RELATION TO THE RIGHT OF EDUCATION

2017 ◽  
Vol 2 (1) ◽  
pp. 69
Author(s):  
Virgayani Fattah
Keyword(s):  
Human Rights ◽  
Human Right ◽  
Right To Education ◽  
International Human Rights ◽  
Social Community ◽  
National Education ◽  
International Human ◽  
Jus Cogens ◽  
The Right

Jus cogens as a norm of general international law accepted and recognized by the international community as a whole with the main characteristics is the nature of non derogable rights.The right to education is a fundamental human right, so that its existence can’t be reduced under any circumstances based on the importance and importance of education for children.The national education policy is not yet fully aligned with the international human rights instruments causing the development of education sector not yet fully based on human rights.The Government is obliged to fulfill the right to education primarily in relation to the budget for building and repairing school buildings and improving the quality of education in Indonesia, as set out in the International Human Rights Instrument, in particular the Covenant on Ecosystem Rights.The importance of the right to education as the primary vehicle for lifting and empowering children from poverty, as a means to participate actively and totally in the development of its social community and as a powerful road to humanity.

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.

PENDIDIKAN BERBASIS BUDAYA (Presfektif Pemikiran H.A.R. Tilaar)

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
AGUNG KURNIAWAN DJIBRAN
Keyword(s):  
Content Analysis ◽  
Text Book ◽  
Interactive Process ◽  
National Education ◽  
Teachers And Students ◽  
The Government ◽  
Education Culture ◽  
Education Opportunity ◽  
Education Concept ◽  
Education Process

AbstractH.A.R. Tilaar emphasizes to the importance of education based on culture, because education is process of culture. Therefore, between the education and culture has been greatly relation, because the education is not able to be separated from culture that has reflected and grown up dynamically in Indonesian society.The purpose of this research is to determine how the education based on culture according to H.A.R. Tilaar’s perspective. The object of this research was H.A.R. Tilaar’s Perspective which concerns to the education based on culture.The approach of this research was literature review. The source of the data were a text book written by H.A.R. Tilaar and other literatures related to this research. The technique of analyzing data were the content analysis of the text book written by H.A.R. Tilaar and other literatures.The result of this research are : (a) H.A.R. Tilaar conceptualizes the education as an culturing processes; (b) the education process is an culturing process through the interactive process between teachers and students; (c) it is necessary to the Government of Indonesia to correct the National education concept by proposing several aspects such as ; (1) the basic value of education; (2) to notice the function of sociological education; (3) the relation between culture and education; (4) the education as The Agent ofChange, and (5) to get the equalization of education opportunity; and (d) to grow up the creative and adaptive thinking toward education phenomenawhich always move dynamically in the environment of the Indonesian community which has its complexity.Keyword: Education, Culture.

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