scholarly journals DIALEKTIKA PERLINDUNGAN HUKUM BAGI GURU DALAM MENDISIPLINKAN SISWA DI SEKOLAH

2020 ◽  
Vol 1 (1) ◽  
pp. 55
Author(s):  
Fokky Fuad ◽  
Istiqomah Istiqomah ◽  
Suparji Achmad
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Research Method ◽  
Legal Protection ◽  
Theoretical Framework ◽  
Community Treatment ◽  
Educational Goals ◽  
Legal Method ◽  
The Supreme Court ◽  
Optimal Protection

Teachers as educators are often in a dilemmatic position, between the demands of the profession and community treatment. Teachers are required to be able to deliver students to achieve educational goals. However, when teachers try to punish students in order to enforce discipline. spontaneously parents and society categorize it as an act that violates human rights and child protection laws. The formulation of the problem in this study are: First, how to protect the rights of teachers in disciplining students? Second, Has the Court Decision related to the teacher's efforts to discipline students provided protection for teachers or vice versa? The research method used is to use the normative legal method. The theoretical framework used is to use the theory of legal protection developed by Satjipto Rahardjo. The conclusions generated in this study: First, in the context of the dialectics between norms that meet each other, a legal synthesis appears through the presence of the Supreme Court's Decision which is able to provide protection for teachers. Second, that the Supreme Court Decree No. 1554 K / PID / 2013 has been able to provide optimal protection for teachers to carry out their functions as educators.

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 Sanksi Pidana terhadap Pengasuh Tempat Penitipan Anak terhadap Kematian Anak yang Diasuh

2020 ◽  
Vol 1 (1) ◽  
pp. 120-124
Author(s):  
Gede Made Agus Paramartha ◽  
I Ketut Sukadana ◽  
I Made Minggu Widyantara
Keyword(s):  
Child Care ◽  
Child Protection ◽  
Care Service ◽  
Care Center ◽  
Legal Protection ◽  
Criminal Code ◽  
Child Care Center ◽  
Care Services ◽  
Legal Method ◽  
Child Care Service

Children are one of the gifts entrusted by God Almighty to every parent. They have the obligation to supervise and maintain the development of each child. Children should also be cared for properly by their parents, but it is not uncommon for children to be cared for by others through child care services. When a child is under supervision at a child care service, there is negligence by the caregiver which causes the death of the child. Based on this background, this study aimed to describe how the legal protection for children who are left in a child care center and what are the criminal sanctions for the caregivers of child care center toward child deaths. This research was conducted using the normative legal method. The results of this study showed that children who are left in a child care center get legal protection to prevent children from getting acts that threaten the child's psyche. Legal protection is specifically regulated in Law Number 35 of 2014 concerning child protection. In addition, the criminal sanction for caregivers of child care toward the death of a child refers to article 359 of the Criminal Code with the risk of a sentence of 5 years in prison.

scholarly journals Legal Protection of Children with HIV that Infected from Mother Transmission in Perspective on Human Rights (Case Study in Cianjur District)

2018 ◽  
Vol 54 ◽  
pp. 02002
Author(s):  
Trini Handayani ◽  
Tanti Kirana Utami
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Legal Protection ◽  
Objective Condition ◽  
Approach Method ◽  
Living With Hiv ◽  
And Control ◽  
Mother To Child ◽  
Hiv Aids

More than 90% of children with HIV in Cianjur District due to maternal transmission died within three years (2015 to 2017). Local Government seeks to protect children and their families with the aim of improving the welfare of children. This paper examines how the objective condition of children with HIV/ AIDS in Cianjur District and the legal protection of children with HIV/AIDS in Cianjur District in the perspective on human rights. This research employs case approach method with research specification that is analytical descriptive. The result of this research is that the objective condition of children with HIV/ AIDS in Cianjur Regency has mostly died due to decreased immunity. The legal protection of children living with HIV/ AIDS in Cianjur Regency is by making various regional regulations such as local regulations on child protection, local regulations on HIV/ AIDS prevention and control. The Ministry of Health has a Prevention Mother to Child Transmission program to prevent of HIV infection through the transmission of HIV in pregnant woman to her fetus.

scholarly journals Analysis of the Kuala Kapuas District Court Decision Regarding Legal Protection for Children Who Become Victims of Sexual Violence

Academia Open ◽  
2020 ◽  
Vol 3 ◽  
Author(s):  
Yuniar Imroatus Solikhah ◽  
Emy Rosnawati
Keyword(s):  
Human Rights ◽  
Sexual Violence ◽  
Child Protection ◽  
Legal Protection ◽  
Fundamental Difference ◽  
District Court ◽  
Young Generation ◽  
Criminal Matter ◽  
Strategic Role ◽  
Criminal Matters

In Law No. 35 year 2014 about child protection, explained that each child is potential, and the young generation of the nation's successors. The country has a strategic role, so it is obligatory to protect the child from all forms of inhumane treatment that can lead to violations of human rights. One form of human rights violations is sexual violence. This research uses normative research methods with a legal approach as well as a case approach. To analyze whether the fundamental difference of the two judges in the District Court of Kuala Kapuas criminal matter number 164/Pid.Sus/2019/PN. Klk with the participation of the State of Kupang criminal Matters No. 249/Pid. Sus/2019/PN.KPG in the decision to take the case of a criminal lawsuit in child sexual violence. The occurrence of the decision of judge or disparity of judges is not separated from the discretion of the judges and also due to the minimum sanction system and maximum sanctions in the Indonesian criminal system. The consideration of the Tribunal judges gave a 14-year criminal verdict against the defendant Armayansyah, considering that the defendant was a lecturer or teacher in the victim's school and the age of the victim who still stepped on 13 years.

scholarly journals Peran Kantor Wilayah Kementerian Hukum dan Hak Asasi Manusia Terhadap Pendaftaran Indikasi Geografis

2020 ◽  
Vol 5 (1) ◽  
pp. 65
Author(s):  
Erick Junata Sipayung
Keyword(s):  
Human Rights ◽  
Local Governments ◽  
Research Method ◽  
Economic Value ◽  
Geographical Location ◽  
Legal Protection ◽  
Geographical Indications ◽  
Regional Office ◽  
Community Factors

Indonesia is a country rich in biological natural resources which is spread throughout the region, including the Riau Islands Province. Geographical location surrounded by almost 90% (ninety percent) of the sea area, it indirectly indicates the potential of Geographical Indications that are spread in 7 (seven) districts/ cities in Riau Islands. Directorate General of Intellectual Property through the Regional Office of the Ministry of Law and Human Rights has committed to continue to explore the IG potential in each region determined through the Annual Performance Target. IG legal protection can only be given if an item or product has been registered, for example "Sagu Lingga" which has just been declared as one of the IG products. The registration of “Sagu Lingga” is inseparable from the role of the Regional Office of the Ministry of Law and Human Rights of the Riau Islands in collaboration with the Lingga Regency Government and Indonesian Sagu Empowerment Association of Lingga. From the results of research in the field, in an effort to register potential IG Products in Riau Islands Province, the Role of the Kemenkumham Kepri Regional Office since the enactment of Law Number 20 of 2016 concerning Trademarks and Geographical Indications has not been running optimally, where the form of efforts carried out is still limited to inventory, coordination with local governments and supervision of IG products. This is caused by the existence of several constraints caused by several factors including Legal Factors, Law Enforcement Factors, Means and Infrastructure Factors, Community Factors and also Cultural Factors. Whereas the IG registration effort should aim to establish legal certainty and increase the economic value of a product that has an impact on the welfare of the community. This is what then makes researcher interested in pouring it in the form of research. All information was carried out by unstructured interviews, observations and document studies where sample selection was carried out using the purposive sampling method. The research method used is a sociological juridical research method.

scholarly journals PERLINDUNGAN HUKUM TERHADAP HAK ASASI ANAK YANG MENJADI KORBAN KEKERASAN

2018 ◽  
Vol 18 (1) ◽  
pp. 151-162
Author(s):  
Zuraidah Azkia ◽  
Muhamad Sadi Is
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Legal Protection ◽  
Law Reform ◽  
Legal Aid ◽  
Child Rights ◽  
Violence Against Children ◽  
The Future ◽  
The Government ◽  
Victims Of Violence

Child rights are an integral part of human rights so that the government must develop the obligation to protect, fulfill and respect the rights of children especially the rights of children who are victims of violence, because violence against children especially in Indonesia is increasing recently. Therefore, the form of legal protection against the rights of children who are victims of violence can be given in a repressive form that is done in a systematic way, through a series of programs, stimulation, training, education, prayer guidance, games and can also be provided through legal aid called advocacy and child protection laws. While the concept of legal protection of child rights in the future must do law reform of child protection system in Indonesia with the aim to give justice, certainty and benefit to children in Indonesia in particular so as to protect and guarantee the rights of children who become victims violence. In order for child protection law in Indonesia in the future to be able to really give protection to child rights which become victims of violence, then child protection law must be free from humanity principle based on human rights.  

scholarly journals Legal Protection of Child’s Rights Who Conducts of Marriage

FIAT JUSTISIA ◽  
2020 ◽  
Vol 14 (2) ◽  
pp. 177
Author(s):  
Dian Ety Mayasari
Keyword(s):  
Human Rights ◽  
Child Welfare ◽  
Child Protection ◽  
Legal Protection ◽  
Human Rights Law ◽  
Next Generation

Every child must be protected and guarded because in addition to the nation's next-generation, also because children have rights in transition. Unfortunately, children cannot enjoy their rights, such as getting an education, playing rights, rights to be creative and to be creative. Law Number 4 of 1979 concerning Child Welfare, Law Number 39 of 1999 concerning Human Rights, Law Number 23 of 2002 concerning Child Protection which was later amended by Law of Law Number 35 of 2014. Implementation of the legality of child protection does not work effectively needs socialization, so that child marriages do not occur and children can enjoy their rights as a child.

scholarly journals Kedudukan Notaris dan PPAT dalam Perjanjian Jual Beli Tanah dan Jaminan Perlindungan bagi Para Pihak

2020 ◽  
Vol 1 (2) ◽  
pp. 379-383
Author(s):  
I Komang Edy Susanto ◽  
Ida Ayu Putu Widiati ◽  
Ni Gusti Ketut Sri Astiti
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Land Rights ◽  
Equal Treatment ◽  
Public Official ◽  
Legal Certainty ◽  
Land Registration ◽  
Legal Method ◽  
The Law ◽  
The Right

Basically, notaries also serve as Land Deed Making Official (hereafter called PPAT) after they carry out a test. Thus, in carrying out their role as PPAT, they are entitled to make deeds of transferring land rights. Based on this background, this research was conducted with the aim of describing how the position of the notary and PPAT in transferring land rights and how legal protection for parties who transfer land through sale and purchase. The research method used in this research was a normative legal method. The results of this study indicated that the position of a notary in the transfer of land rights as an official deed maker is mentioned in article 2 paragraph (1) of Law No. 2/2014 concerning the Position of Notary, which states that a notary is a public official who is authorized to make authentic deeds and has other powers as referred to in this Law or based on other Prevailing Laws. The position of the PPAT in essence has the task of carrying out land registration by making deeds as evidence and having carried out certain legal actions regarding land rights. Legal protection for parties transferring land through sale and purchase is stated in the 1945 Constitution, namely Article 27 paragraph (1) which states that each person has the right to recognition, guarantee, protection, and legal certainty that is just and equal treatment before the law.

scholarly journals Perlindungan Hukum Terhadap Notaris dalam Pelaksanaan Jabatan Notaris Berdasarkan Teori Keseimbangan Berbasis Keadilan

2021 ◽  
Vol 9 (2) ◽  
pp. 37
Author(s):  
Khairunnisa Noor Asufie ◽  
Ali Impron
Keyword(s):  
Human Rights ◽  
Research Method ◽  
Competent Authority ◽  
Legal Protection ◽  
Public Official ◽  
Public Officials ◽  
Conceptual Approach ◽  
Principle Of Proportionality ◽  
Two Sides ◽  
Prescriptive Analysis

<span>Notary has two sides were attached, namely as an individual Indonesian citizens and public officials appointed by the competent authority. As a Notary as a holder of the office of Notary who performs duties as a public official appointed by an authorized official. Notary as an individual has a position as an Indonesian Citizen based on his personal identity as an Indonesian Citizen. The legal protection provided to the Notary is based on the position of the Notary as a public official appointed by an authorized public official, not legal protection as an individual Indonesian Citizen. Although the two are attached together but related to legal protection, there is a separation of the two positions. Legal protection of Notaries as individual Indonesian Citizens has been regulated by regulations already in Indonesia and related to the human rights of individual Indonesian Citizens while legal protection of Notaries as public officials is a topic of discussion that will be discussed further. Discuss the legal protection for Notaries in the performance of their duties by reviewing based on the principle of proportionality. Legal protection for Notaries in the performance of their office is now something important because many Notaries are criminalized in the performance of their office. The research method used for this research is normative research. This research is a <em>prescriptive analysis. </em>In this research, using the approach, the approach of legislation <em>(Statue Approach)</em> and conceptual approach (<em>Conceptual Approach</em>).</span>

And Then There Was One: Freedom of Religion in Canada – the Incredible Shrinking Concept

2008 ◽  
Vol 10 (2) ◽  
pp. 197-204 ◽  
Author(s):  
Margaret H Ogilvie
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Supreme Court Of Canada ◽  
Freedom Of Conscience ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Supreme Court ◽  
Human Rights Act ◽  
Religion In Canada ◽  
Constitutional Protections

Defining religion for the purposes of constitutional or human rights protection is a challenge shared by UK and Canadian courts in this era after the enactment of the Human Rights Act 1988 and the Canadian Charter of Rights and Freedoms 1985, respectively: neither defines what is to be protected. Canadian courts have been impressed with this task since 1982 and, unsurprisingly, the Supreme Court of Canada (SCC) has considered the content and scope of section 2(a), the fundamental right to freedom of conscience and religion, on a number of occasions, most recently in Syndicat Northcrest v Amselem. The outcome in Amselem is a salutary reminder that, for post-modern courts, religion can be whatever they want it to be, and, indeed, be nothing in particular, which merits protection or not at the whim of these courts. In Amselem, a 5–4 majority of the SCC reduced religion for Charter purposes to any beliefs which the complainant calls religion and persuades a court to be sincerely held. A court then has the discretion to decide whether to extend legal protection to those beliefs (and their allegedly offensive practice) without giving credible reasons beyond the complainant's sincere belief in them. Amselem may, therefore, be of considerable interest to British lawyers regarding the potential lurking within ostensibly generous constitutional protections for religion ultimately to reduce religion to nonsense undeserving of legal protection.

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