scholarly journals Perlindungan Hukum Terhadap Hak Anak Indonesia Di Kelurahan Bekasi Jaya

2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Adi Nur Rohman ◽  
Fransiska Novita Eleanora
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Civil Law ◽  
Birth Certificate ◽  
Legal Protection ◽  
Birth Certificates ◽  
Legal Rights ◽  
Self Identity ◽  
Rights Of The Child ◽  
The Government

AbstrakAnak merupakan generasi penerus bangsa yang berhak atas perlindungan hukum yakni sejak berada dalam kandungan ibunya, sampai dilahirkan. Pemenuhan hak-hak yang paling pokok diberikan adalah berhak atas kebutuhan pokoknya (sandang, pangan, dan papan), berhak atas pendidikan, pengajaran, kesehatan, tidak diskriminasi, dan menghargai pendapat anak khususnya anak yang ada di Kelurahan Bekasi Jaya Kecamatan Bekasi Timur. Selain mendapatkan pendidikan di Kelurahan Bekasi Jaya Kecamatan Bekasi Timur, ini, perlu juga didapatkan hak-hak lainnya seperti yang diatur dalam UU No. 39 Tahun 1999 tentang Hak Asasi Manusia (HAM). Secara jelas, pengaturan pemenuhan hak anak ada dalam bidang perdata dan pidana. Perlindungan hukum atas bidang hukum perdata adalah identitas diri (akte kelahiran), yang sangat sulit untuk didapatkan khsusnya bagi mereka yang tergolong tidak mampu (keluarga miskin), dan seharusnya pemerintah menyediakan sarana pembuatan akte kelahiran secara gratis tanpa dipungut biaya sebegai bentuk perlindungan terhadap warganya, dan yang ke-2 dalam bidang hukum perdata adalah berhak untuk mendapatkan kewarganegaraan yaitu seorang anak yang dilahirkan dari perkawinan campuran berhak untuk mendapatkan kewarganegaraan, jika masih dibawah umur, mengikuti warganegara ibunya, tetapi jika usianya diatas 18 tahun dan sudah dewasa, berhak untuk menentukan mengikuti warganegara ayah atau ibunya. Perlindungan hukum akan pemenuhan hak-hak anak dibidang hukum pidana, melindungi anak baik sebagai pelaku ataupun korban dari suatu tindak pidana yang terjadi, hak yang diberikan kepada anak sesuai dengan ketentuan Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak (SPPA) yaitu Diperlakukan secara manusiawi dengan memperhatikan kebutuhan sesuai dengan umurnya. Dipisahkan dari orang dewasa, memperoleh bantuan hukum dan bantuan lain secara efektif melakukan kegiatan rekreasional, Bebas dari penyiksaan, penghukuman atau perlakuan lain yang kejam, tidak manusiawi, serta merendahkan martabat atau derajatnya baik dilingkungan keluarga atau masyarakat, hukuman mati atau seumur hidup tidak dijatuhi/diberikan kepada anak,  Upaya terakhir yang diberikan adalah ditangkap, ditahan dan dituntut dimuka pengadilan,  memberikan keadilan yang objektif dan tidak memihak, identitasnya tidak boleh dipublikasikan untuk umum dan sidangnya harus bersifat tertutup agar dapat kejiwaan/psikologinya tidak terganggu. Serta memperoleh pendampingan dari orang tua/wali dan orang yang dipercaya oleh anak, memperoleh advokasi, memperoleh kehidupan pribadi serta dapat menyelesaikan kasusnya diluar pengadilan melalui diversi dengan menempuh restorative justice, yaitu prose penyelesaian perkara pidana anak dari proses peradilan pidana ke proses di luar peradilan pidana. Diversi dilakukan selama 30 hari untuk mencapai kesepakatan antar kedua belah pihak.kata kunci : Perlindungan, Hukum, Hak, Anak  Abstract The child is the next generation of the nation who is entitled to the protection of the law that is since being in the womb of his mother, until birth. The fulfillment of the most basic rights given is entitled to his basic needs (clothing, food, and boards), is entitled to education, teaching, health, non-discrimination, and respect the opinions of children, especially children in Jaya Bekasi Sub-District, East Sub district in Bekasi. In addition to obtaining education in Jaya Bekasi Sub-District, Bekasi East Sub district, it is necessary to obtain other rights as regulated in Law no. 39 of 1999 on Human Rights (HAM). Clearly, the arrangement of the fulfillment of the rights of the child is in the civil and criminal field. Legal protection of civil law is a self-identity (birth certificate), which is very difficult to obtain especially for those who are classified as poor (poor families), and the government should provide the means of making birth certificates for free of charge as a form of protection against its citizens, and the second in the field of civil law is entitled to a nationality of a child born of a mixed marriage entitled to acquire citizenship, if still under age, following his mother's citizenship, but if he is over 18 years old and an adult, the citizen of his father or mother. Legal protection for the fulfillment of the rights of the child in the field of criminal law, protecting the child either as the perpetrator or the victim of a criminal act, the rights granted to the child in accordance with the provisions of Law Number 11 Year 2012 on the Criminal Justice System Treated humanely with attention to the needs according to age. Separated from adults, obtaining legal assistance and other assistance effectively undertaking recreational activities, Freedom from torture, punishment or other cruel, inhuman or degrading treatment or degradation either in the family or community environment, death penalty or life imprisonment not served / given to the child, the last endeavor is to be arrested, detained and prosecuted before the court, giving objective and impartial justice, his identity shall not be publicly published and his trial shall be closed to his psychology unaffected. As well as obtaining assistance from parents / guardians and people trusted by the Child, getting advocacy, obtaining personal life and can solve his case outside the court through diversion through restorative justice, the process of settling criminal cases of children from the criminal justice process to proceedings outside the criminal justice. Divers conducted for 30 days to reach agreement between both parties.Keywords: Protection, Legal, Rights, Child  

scholarly journals Legal Parentage “By Design”: Reimagining Birth Certificates in Aotearoa New Zealand

2021 ◽  
Author(s):  
◽  
Ruth Ballantyne
Keyword(s):  
New Zealand ◽  
Birth Certificate ◽  
Legal Protection ◽  
Human Reproduction ◽  
Birth Certificates ◽  
Negative Consequences ◽  
Assisted Human Reproduction ◽  
Rights Of The Child ◽  
Aotearoa New Zealand ◽  
The World

<p>This thesis highlights two significant flaws in birth certification and legal parentage regimes in Aotearoa New Zealand that negatively impact children conceived and raised in an array of diverse family structures. First, birth certificates currently reflect a child’s legal parentage, excluding any reference to a child’s genetic or gestational origins. This thesis draws on social constructionist conceptions of the self and narrative identity theory, alongside Māori understandings of aspects of whakapapa, to demonstrate that birth certificates should incorporate more information about a child’s origins, and that a failure to do so can have negative consequences for a child’s identity development. To rectify these informational deficits, this thesis argues for the reform of birth certification in Aotearoa New Zealand. It demonstrates the nature and potential of these reforms through the creation of a prototype birth certificate for all children that incorporates their genetic, gestational, and legal parentage.  Second, this thesis claims that the current model of legal parentage, which permits a child to have a maximum of two legally recognised parents at any given time, does not reflect the lives of children who are intentionally brought into the world and raised by more than two individuals. Rather, it embodies historic understandings of legal parentage that privilege traditional heterosexual western forms of reproduction, and fails to account for the realities of assisted human reproduction and modern-day family formation. Expanding the operation of legal parentage to incorporate all of a child’s parental figures (and including them on the child’s birth certificate from the outset) would provide greater legal protection for children born into multi-parent families, in line with that currently enjoyed by children with one or two legal parents. Therefore, this thesis develops an intentional model of legal parentage accommodating more than two legal parents where a child is conceived by assisted human reproduction in specified circumstances.  Reimagining birth certificates and legal parentage as proposed in this thesis would better reflect the social and narrative realities of identity formation, especially for children, whereby who they become is greatly shaped by the individuals in their lives and their experiences in the world. It would also better meet our obligations under the United Nations Convention of the Rights of the Child, as well as possibly affording greater respect to Māori conceptions of identity, which is of fundamental importance given the classification of whakapapa as a taonga guaranteed protection under Te Tiriti o Waitangi. The expansion of legal parentage beyond the two-parent paradigm would also provide greater legal protection to children in Aotearoa New Zealand, arguably making this area of family law consistent with a legal framework that is otherwise well attuned to recognising the diversity and complexity of family relationships.</p>

scholarly journals THE RESTORATIVE JUSTICE APPROACH TO THE IMPLEMENTATION OF CHILDREN'S CRIMINAL JUSTICE SYSTEM IN INDONESIA

2018 ◽  
Vol 1 (2) ◽  
pp. 189-198
Author(s):  
Ali Muhammad
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Conceptual Approach ◽  
Rights Of The Child ◽  
The Law ◽  
The Republic ◽  
The Government

Since the enactment of Law No. 11 of 2012 concerning the Criminal Justice System for Children in Indonesia needs to be sought immediately for Law Enforcement Officials (APH) who do not understand and know about the obligation to adopt a Restorative justice approach in the implementation of the Child Criminal Justice System. The norm that regulates the obligation to approach restorative justice in the handling of Children dealing with the Law (ABH) contained in article 5 paragraph 1 of the Child Criminal Justice System Law and this Law has also adopted the International instrument of the Convention on the Rights of the Child (CRC) ratified by the government of the Republic of Indonesia with a Presidential Decree Number 36 of 1990 concerning Ratification of the Convention on the Rights of the Child in addition to other international regulations such as the Beijing Rules, Riyadh Guidelines and Tokyo Rules which are certainly in line with the Constitution 1945 concerning the purpose of the country which was wrong was to realize social justice and promote public welfare. This restorative justice approach certainly has the same spirit as the ideological values ​​of Pancasila, politics, and the Indonesian national socio-culture which prioritizes solutions through deliberation to reach consensus so that this restorative justice approach is also one of legal reforms that elevates the values ​​of local wisdom from the Nation Indonesia. The conceptual approach and the approach to legislation (the statue approach) are the approaches used in this study and maximize the implementation of the implementation of restorative justice in every handling of children facing the law (ABH) at each stage of the investigation, prosecution and trial. research is to provide confirmation to every Law Enforcement Officer of the obligation to take a Restorative Justice approach in every Handling of ABH.  

scholarly journals PEMENUHAN HAK ANAK ATAS DOKUMEN AKTA KELAHIRAN DI KABUPATEN NUNUKAN PROVINSI KALIMANTAN UTARA

2018 ◽  
Vol 33 (3) ◽  
pp. 255
Author(s):  
Mawardi Khairi ◽  
Inggit Akim
Keyword(s):  
Local Governments ◽  
Birth Certificate ◽  
Legal Protection ◽  
Birth Certificates ◽  
Ministry Of Education ◽  
Cooperation Agreement ◽  
The Public ◽  
Civil Registration ◽  
The Government ◽  
Future Policy

Ownership residence documents are very important to all communities as proof of recognition by the state. The residence documents such as birth certificate is one of the rights of children that must be met by the government as a form of legal protection or recognition of citizenship. Based on the results of research shows that fulfilling the children's right to document a birth certificate in cabs Nunukan to do the service, the act of the scope of the public directly entered by local governments through measures in the form of direct services birth certificate in the office The Department of Population and Civil Registration, generally carried out (deed scope), held a collection directly children who have no birth certificates with the help of local authorities under the district, village, neighborhood / village up to the neighborhood and have signed a cooperation agreement (MOU ) to establish with competent authorities such as the Ministry of Education and Culture of Nunukan, Nunukan Nunukan hospitals and IBI Branch since 2016 as an attempt to optimize the fulfillment of the child's rights to legal documents such as birth certificate that all benefits are free. The results of this study are expected to contribute to training in specific areas of law and human rights as well as to refer both central and local governments into making future policy, especially in the area of population administration.

scholarly journals SISTEM PEMIDANAAN ANAK SEBAGAI PELAKU TINDAK PIDANA PERSPEKTIF UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

2016 ◽  
Vol 6 (1) ◽  
pp. 58
Author(s):  
Guntarto Widodo
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Child Protection ◽  
Justice System ◽  
Legal Protection ◽  
Legal Research ◽  
Legal Rules ◽  
Rights Of The Child ◽  
The Republic

This study describes The principles system of legal protection against Children as criminal perpetrator in Law of the Republic of Indonesia Law Number 11 of 2012 concerning Juvenile Criminal Justice System refer to the Convention on The Rights of The Child  and it has covered most of the principles of child protection perpetrator as well. The research method used in this study is a normative legal research because it includes the scope of legal dogmatic learning or researching legal rules. The study also found  First, The provision of punishment against the child has been in accordance with that stipulated in Law Number 23 of 2002 concerning Children Protection which states that imprisonment can be applied to the child when there is not last effort any longer, and shall be executed separately from the adult prison;,Second,  The Child protection efforts shall be implemented by imposing sentencing restorative (restorative justice) and diversion in the event that completing the requirement of Law Number 11 of 2012 concerning Juvenile Criminal Justice System. Keywords: Sentencing System, Criminal Justice System, Child Protection

scholarly journals Legal Parentage “By Design”: Reimagining Birth Certificates in Aotearoa New Zealand

2021 ◽  
Author(s):  
◽  
Ruth Ballantyne
Keyword(s):  
New Zealand ◽  
Birth Certificate ◽  
Legal Protection ◽  
Human Reproduction ◽  
Birth Certificates ◽  
Negative Consequences ◽  
Assisted Human Reproduction ◽  
Rights Of The Child ◽  
Aotearoa New Zealand ◽  
The World

<p>This thesis highlights two significant flaws in birth certification and legal parentage regimes in Aotearoa New Zealand that negatively impact children conceived and raised in an array of diverse family structures. First, birth certificates currently reflect a child’s legal parentage, excluding any reference to a child’s genetic or gestational origins. This thesis draws on social constructionist conceptions of the self and narrative identity theory, alongside Māori understandings of aspects of whakapapa, to demonstrate that birth certificates should incorporate more information about a child’s origins, and that a failure to do so can have negative consequences for a child’s identity development. To rectify these informational deficits, this thesis argues for the reform of birth certification in Aotearoa New Zealand. It demonstrates the nature and potential of these reforms through the creation of a prototype birth certificate for all children that incorporates their genetic, gestational, and legal parentage.  Second, this thesis claims that the current model of legal parentage, which permits a child to have a maximum of two legally recognised parents at any given time, does not reflect the lives of children who are intentionally brought into the world and raised by more than two individuals. Rather, it embodies historic understandings of legal parentage that privilege traditional heterosexual western forms of reproduction, and fails to account for the realities of assisted human reproduction and modern-day family formation. Expanding the operation of legal parentage to incorporate all of a child’s parental figures (and including them on the child’s birth certificate from the outset) would provide greater legal protection for children born into multi-parent families, in line with that currently enjoyed by children with one or two legal parents. Therefore, this thesis develops an intentional model of legal parentage accommodating more than two legal parents where a child is conceived by assisted human reproduction in specified circumstances.  Reimagining birth certificates and legal parentage as proposed in this thesis would better reflect the social and narrative realities of identity formation, especially for children, whereby who they become is greatly shaped by the individuals in their lives and their experiences in the world. It would also better meet our obligations under the United Nations Convention of the Rights of the Child, as well as possibly affording greater respect to Māori conceptions of identity, which is of fundamental importance given the classification of whakapapa as a taonga guaranteed protection under Te Tiriti o Waitangi. The expansion of legal parentage beyond the two-parent paradigm would also provide greater legal protection to children in Aotearoa New Zealand, arguably making this area of family law consistent with a legal framework that is otherwise well attuned to recognising the diversity and complexity of family relationships.</p>

Ghana's Children's Act 560: A Rethink of its Implementation?

2011 ◽  
Vol 19 (2) ◽  
pp. 151-165 ◽  
Author(s):  
Patrick McCrystal ◽  
Esmeranda Manful
Keyword(s):  
Child Care ◽  
Child Protection ◽  
Professional Training ◽  
Social Care ◽  
Legal Protection ◽  
Initial Step ◽  
Legal Rights ◽  
Rights Of The Child ◽  
Administrative Framework ◽  
The Law

AbstractIn 1998 Ghana harmonised its child care legislation to conform to the Convention on the Rights of the Child by enacting the Children's Act 1998, Act 560. Some stakeholders expressed misgivings at its capacity to ensure child protection, but little literature exists on the views of professionals working within the law. This paper presents an investigation of the views of professionals who are mandated to work within the law to ensure the rights of the child to legal protection in Ghana. The findings suggest that there is a gap between legal intent and practice. It is concluded from these findings that for better child protection, the provision of legal rights for children is only an initial step; the administrative framework including better professional training, adequate resources for social care agencies and the establishment of new structures also needs to be reconsidered.

scholarly journals RESTORATIVE JUSTICE SEBAGAI ALTERNATIF PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN DALAM RUMAH TANGGA

2009 ◽  
Vol 39 (2) ◽  
pp. 238
Author(s):  
Rena Yulia
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Violent Crime ◽  
Justice System ◽  
Legal Protection ◽  
The Right

AbstractThe victim of domestic violence had needed of protection concept thatdifferent with another victim of violent crime. Participation of victim haswant to give justice for all. It is, because punishment to offender brings theimpact for victim. Restorative justice is a concept in criminal justice systemwhich is participation victim with it. The present of criminal justice system isthe offender oriented. Victim has not position to considerate offenderpunishment. Only offender can get the right and the victim hopeless. In thedomestic violence, victim and offender have relationship. Because there area family. · So, probability they have some interest in economic and relation.When wife become a victim and husband as offender, his wife hasdependency economic from her husband. It means, if husband get a decisionfrom judge, his wife will be suffer. Domestic violence is different crime. So, itis necessQ/y to made some different concept. In this article, will discussedabout alternative of legal protection for victim of domestic violence incriminal justice system to protect the victim

scholarly journals Implementasi Penerbitan Akta Kelahiran bagi Anak-Anak Terlantar di Kota Denpasar

2021 ◽  
Vol 2 (1) ◽  
pp. 13-18
Author(s):  
Anak Agung Sagung Nandya Pramesti ◽  
Ida Ayu Putu Widiati ◽  
I Nyoman Sutama
Keyword(s):  
Social Service ◽  
Foster Children ◽  
Birth Certificate ◽  
Legal Protection ◽  
Birth Certificates ◽  
Legal Basis ◽  
Neglected Children ◽  
Laws And Regulations

Denpasar City as the capital of Bali Province is currently struggling to overcome the problem of neglected children    Data from the Denpasar City Social Service recorded that in 2019 there were 14 orphanages with 470 foster children. The problem raised in this study is to determine legal protection and its impact on neglected children who do not have a birth certificate in Denpasar City For neglected children in Denpasar City to get a birth certificate has a legal basis which is regulated in the applicable laws and regulations in accordance with the provisions governing the birth certificate of neglected children  The Department of Population and Civil Registry of Denpasar City has issued birth certificates for all neglected children who are applied for by the orphanage where they live  Neglected children who have received a birth certificate will have an impact on their right to identity.

scholarly journals Status dan Hak Anak Tak Sah Islam dalam Undang-Undang di Malaysia

2018 ◽  
Vol 10 (3-4) ◽  
Author(s):  
Zanariah Noor
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Civil Law ◽  
Birth Certificate ◽  
Biological Father ◽  
Self Identity ◽  
Illegitimate Child ◽  
Content Analysis Method ◽  
The Status ◽  
Islamic Family Law

Illegitimate child refers to a child conceived during sexual intercourse outside of wedlock. The jurists have different views regarding the gestation period of pregnancy that affects the legitimacy status of the child. The objective of this article is to analyze the different views of the jurists regarding the status as well as rights of the illegitimate child in Islam and current religious ruling implemented in Malaysia. This article also analyzes the rights of the illegitimate child towards a personal identity that involved lineage that effects on how his/her name and surname will be stated on birth certificate according to the Islamic and civil law in Malaysia. Issues on custody, maintenance, marriage guardianship of the illegitimate child and his/her relation with biological father that married to his / her mother will also be discussed according to the opinions of the jurists as well as Islamic family law in Malaysia. This study utilized content analysis method on discussions put forward by the jurists in authoritative jurisprudence books as well as contemporary jurisprudence books and law provisions that are provided in Islamic and civil law implemented in Malaysia to date. The findings show that Islamic family law protects rights of the illegitimate child in terms of self-identity (lineage), custody, maintenance and marriage guardianship. However, the issue regarding the surname of the illegitimate child was raised in Civil Court, arguing that he/she should be allowed to be named to his/her biological father who had married the mother. This issue needs to be scrutinized. The amendment should be carried out so that matters related to the Muslims' personal laws are implemented according to the Islamic law.

scholarly journals The Existence of Legal Protection of Citizens to Government Action in Making Decision of State Administrative

2018 ◽  
Vol 54 ◽  
pp. 03001
Author(s):  
Enny Agustina
Keyword(s):  
Civil Law ◽  
Legal Protection ◽  
Administrative Law ◽  
Legal Certainty ◽  
Government Action ◽  
Legal Decisions ◽  
Library Research ◽  
The People ◽  
The Government ◽  
Dutch Literature

Government in administrative law considered as a unit, as an authorized body. Therefore, it is authorized to establish action, according to administrative law, and affect the legal circumstances of others, or to carry out legal action (under the civil law) in the meaning of government bodies legally. The dutch literature interpreted administrative with the terms administrative recht with administrative besturen. Besturen has a functional meaning to means the function of governance, and institutional or structural whole organs of government. Bestuur is an environment outside formation of regulations (regulgeving), and judicature (rechtspraak). The data of this research was collected by library research. This research aims to know the form of legal protection for the people to government action based on the concept of State Administrative Law. The result of this research shows that Legal decisions were those which fulfill formal and material requirements. This was based on the presumptive principle of rechtmatig, that was het vermoeden van rechtmatigheid or presumtio justea causa (every decisions issued by the government or the administrative of the state were considered lawful). This principle means that every decision was not revoked, unless there was a vernietiging of the court closely related to the principle of legal certainty (rechtszekerheidbeginsel).

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