Kebijakan Perlindungan Hukum Terhadap Anak Pelaku Tindak Pidana

2018 ◽  
Vol 17 (2) ◽  
Author(s):  
Endang Sutrisno ◽  
Yondri Yondri
Keyword(s):  
Criminal Law ◽  
Child Protection ◽  
Legal Protection ◽  
Legal Action ◽  
Human Being ◽  
Child Rights ◽  
Rights Of The Child ◽  
The Subject ◽  
The Right ◽  
Special Protection

<p><em>The protection that has been imposed by law concerning the rights and obligations of human being as the subject of law in its interaction with other human being and its environment so that it can take legal action. Child protection in Law No. 35 of 2014 on Child Protection is defined as all activities for the protection and protection of children and the rights of children to live, grow, develop and properly in accordance with the dignity and dignity of humanity and get sanction from violence and </em><em>d</em><em>isk . This paper discusses the law of a child who is full of laws. The acquisition of the load contained in the content of positive legal legislation is the right of every child, the embodiment for the children, building justice in society, for the achievement of the rights of the child. Special protection of children who are full of law in the criminal law domain for children who are victims of criminal acts, flee and offenders.</em></p><p><strong><em>Keywords: </em></strong><em>Legal Protection, Child Rights<strong></strong></em></p>

Economic and Social Rights, Budgets and the Convention on the Rights of the Child

2013 ◽  
Vol 21 (2) ◽  
pp. 248-277 ◽  
Author(s):  
Aoife Nolan
Keyword(s):  
Decision Making ◽  
Social Rights ◽  
Child Rights ◽  
Rights Of The Child ◽  
Budget Analysis ◽  
Key Issues ◽  
Significant Obstacle ◽  
The Right ◽  
The Relationship

Recent years have seen an explosion in methodologies for monitoring children’s economic and social rights (ESR). Key examples include the development of indicators, benchmarks, child rights-based budget analysis and child rights impact assessments. The Committee on the Right of the Child has praised such tools in its work and has actively promoted their usage. Troublingly, however, there are serious shortcomings in the Committee’s approach to the ESR standards enshrined in the UN Convention on the Rights of the Child (CRC), which threaten to impact upon the efficacy of such methodologies. This article argues that the Committee has failed to engage with the substantive obligations imposed by Article 4 and many of the specific ESR guaranteed in the CRC in sufficient depth. As a result, that body has not succeeded in outlining a coherent, comprehensive child rights-specific ESR framework. Using the example of child rights-based budget analysis, the author claims that this omission constitutes a significant obstacle to those seeking to evaluate the extent to which states have met their ESR-related obligations under the CRC. The article thus brings together and addresses key issues that have so far received only very limited critical academic attention, namely, children’s ESR under the CRC, the relationship between budgetary decision-making and the CRC, and child rights-based budget analysis.

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.

Reflections on the existence of the science of criminal law

2021 ◽  
pp. 156-161
Author(s):  
I. Mytrofanov
Keyword(s):  
Social Justice ◽  
Public Relations ◽  
Criminal Law ◽  
The State ◽  
Crime And Punishment ◽  
Self Defense ◽  
Illegal Acts ◽  
The Subject ◽  
The Individual ◽  
The Right

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.

scholarly journals The Role of Open and Distance Learning in the Implementation of the Right to Education in Zambia

2008 ◽  
Vol 9 (1) ◽  
Author(s):  
Richard Siaciwena ◽  
Foster Lubinda
Keyword(s):  
Human Rights ◽  
Distance Learning ◽  
Right To Education ◽  
Youth Policy ◽  
Child Rights ◽  
Rights Of The Child ◽  
Child Policy ◽  
Open And Distance Learning ◽  
The Right

As a member of the United Nations, Zambia is committed to the observance of human rights enshrined in the Universal Declaration of Human Rights of 1948. This is evidenced, among others, by the fact that Zambia is a signatory to the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. Zambia has a permanent Human Rights Commission that includes a subcommittee on child rights whose focus is on child abuse and education. Zambia also has a National Child Policy and National Youth Policy whose main objectives are to holistically address problems affecting children and youth. This paper focuses on the progress and challenges currently facing Zambia and the role of open and distance learning in addressing those challenges.

scholarly journals PROBLEMS OF PROTECTION AGAINST CORRUPTION IN THE HEALTHCARE SYSTEM

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 65-70
Author(s):  
E. V. Shirmanov ◽  
Keyword(s):  
Health Sector ◽  
Legal Protection ◽  
Criminal Code ◽  
Right To Health ◽  
Constitutional Rights ◽  
Quality Of Medical Care ◽  
The Subject ◽  
The Right ◽  
Normal Relationship

The Right to health protection is one of the most fundamental constitutional rights. It is subject to criminal legal protection. While the attacks on him appear not only in the form of crimes such as causing harm by negligence (part 2 of article 118 of the Russian Criminal Code), failure to assist a patient (article 124 of the Russian Criminal Code), etc., but also corruption crimes. Corruption threatens the normal relationship between doctor and patient, medical institution and patient, which reduces the quality of medical care. It threatens not only people’s property, but also their lives and health. Manifestations of corruption in health care are different, they are many, and they should all be taken into account in determining measures and means to combat this dangerous social phenomenon. The effectiveness of the fight against corruption in the health sector is largely due to the knowledge of its various manifestations. These problems are the subject of the proposed article

scholarly journals Acting on Behalf of Another Without Consent as a Source of the Right of Obligations in the Republic of Kosovo

2021 ◽  
Vol 10 (6) ◽  
pp. 295
Author(s):  
Sevdai Morina ◽  
Endri Papajorgji
Keyword(s):  
The Other ◽  
Legal Obligation ◽  
Legal Action ◽  
Property Value ◽  
Bodily Integrity ◽  
Mutual Help ◽  
The Subject ◽  
The Republic ◽  
The Right ◽  
Social Wealth

In life, it often happens that humans take different actions on different occasions to save man or his wealth. These actions can be taken when there is a need to protect the integrity of man and his wealth, both individual and social wealth. Man performs these actions morally and without any institutional obligation. Man does the action without consent in order to save one's life or another's wealth. There is a need for such an action, because everyone sometimes in certain cases needs mutual help. With these behaviors of people, it is seen that they do not take these actions out of legal obligation, but act and should act with the consciousness and conscience of the civilized man. People who do this are driven by the need for cooperation, humanity, existence at the expense of the other, namely society. A person performs this action by perpetrating the work of another without consent for any other person. Hence, they undertake some factual and legal action for the other, sacrificing something that can be the property value and their bodily integrity. Sometimes this action must be taken because there are actions that cannot be postponed, therefore someone should take an action in such situations even when uninvited. Consequently, the subject matter analyzed in this paper is the act of perpetration of the work of another without consent as a source of the right of obligations in the Republic of Kosovo.   Received: 6 October 2021 / Accepted: 1 November 2021 / Published: 5 November 2021

scholarly journals Skipan talsmanns fyrir börn – grundvöllur ákvörðunar og framkvæmd

2015 ◽  
Vol 11 (2) ◽  
pp. 313-332
Author(s):  
Hrefna Friðriksdóttir ◽  
Hafdís Gísladóttir
Keyword(s):  
United Nations ◽  
Child Protection ◽  
Justice System ◽  
Democratic Society ◽  
Rights Of The Child ◽  
The Status ◽  
United Nations Convention ◽  
Child Friendly ◽  
The Right ◽  
International Instruments

In recent years there has been a growing interest in the rights of children in various justice systems. The interpretation of international instruments, such as the United Nations Convention on the Rights of the Child legalized in Iceland as law 19/2013, places a strong emphasis on strengthening the status of the child. The concept of child-friendly justice has emerged reflecting a vision of a justice system that has adapted to the interests and needs of children. A key element is ensuring the right of the child to participate, building on the notion that participation actively promotes their citizenship in a democratic society. The complexity of child protection cases makes it imperative to ensure that children get the assistance they need to communicate and be able to influence procedures. This article discusses the development of provisions in child protection laws on the appointment of spokespersons for children and represents the findings of a study done on such appointments with various child protection committees. The main results of this research indicate that the development of the law has been positive. The enforcement does not however reflect these develpments and there is a lack of formality, assessment and satisfactory argumentation.

scholarly journals Protection of the Child’s Creative Output Including Its Legal Protection

2014 ◽  
Vol 12 (1) ◽  
Author(s):  
Anna Sokołowska
Keyword(s):  
Creative Process ◽  
Legal Protection ◽  
Legal Aspects ◽  
Rights Of The Child ◽  
Starting Point ◽  
The Subject ◽  
Education And Development ◽  
Areas Of Interest ◽  
Education Process

AbstractThis paper is an attempt to analyze the necessity of defining and extending the protection of the child’s creative process. The starting point for consideration is the key role of artistic instruction in the child’s education and development which justifies providing appropriate framework for that process. The present text defines artistic output as a personal good covered by legal protection and specifies relevant legal regulations underlying the subject. It also reveals the position of the child as a creator with his/her specific characteristics and possible dangers arising from those characteristics. Another issue discussed here is the creative process and its components. In a further part, legal aspects of the child’s situation in the context of creative activity are analyzed with references to the UN Convention on the Rights of the Child (1989), the (Polish) Family and Guardianship Code (1964), the UN Declaration on Rights of the Child (1959) and other legal acts. Finally, the paper addresses objectives of arts education in the light of the discussed issues. Conclusions include an indication of certain similarity between some areas of interest in pedagogy and in law. The main conclusion comes down to a statement that in the education process we should take into consideration so-called creative integrity which constitutes a personal good of both the adult and the child, and which is covered by legal protection.

scholarly journals THE POSITION OF THE CHILD IN LITIGATION PROCEEDINGS IN THE LEGAL MATTERS OF EXERCISE, DEPRIVATION AND RESTORATION OF PARENTAL RIGHTS

TEME ◽  
2020 ◽  
pp. 083
Author(s):  
Ranka V Vujović
Keyword(s):  
Legal Protection ◽  
Public Prosecutor ◽  
Parental Rights ◽  
Parent Child Relationship ◽  
Rights Of The Child ◽  
Legal Relation ◽  
Child Relationship ◽  
The Family ◽  
The Right ◽  
Procedural Rights

Numerous entities in various procedural roles participate in the litigation proceedings for the exercising, denying and restoring of parental rights. The usual classification of litigation participants into subjects in a narrow, and subjects in a broader sense, may apply to such litigations. In the narrow sense, the subjects of the litigations are the litigation court and the litigants. In a broader sense, these are all persons who in any way participate in the litigation: interveners, counsel, witnesses, expert witnesses, interpreters, translators. Some of them participate in the proceedings to protect their own, and others to protect the rights and interests of others, and some are there to provide the necessary assistance in collecting the litigation material, present evidence, etc. Pursuant to the family laws, the capacity of a party in these proceedings, through the standardization of the right to the standing to commence an action, is assigned to the child, parents, custody authority and the public prosecutor. However, these are only potential, but not necessary participants in these proceedings. The proceedings may also be initiated and conducted without all the participants of the family-legal relation participating in them. As a rule, there is no participation of the child as a party, although, essentially, the child's right to live with parents and to have (adequate) parental care is the central theme of the proceedings. In all of these litigations, in fact, legal protection is afforded to the rights of the child arising from the parent-child relationship, namely from the rights and duties of the parent towards the child. This paper critically analyzes the national regulations governing the position of the child in litigation proceedings in the legal matters of exercising, denying and the restoring of parental rights, with a view to determine whether, and to what extent, the solutions contained in those regulations comply with the postulates of a fair trial, enable the exercise of a child’s right to participate in the proceedings that are to decide on the issues that affect him/her and provide effective protection of his/her procedural rights.

scholarly journals PEMENUHAN HAK ANAK ATAS KESEHATAN DI PROVINSI NANGGROE ACEH DARUSSALAM DI DASARKAN QANUN ACEH NOMOR 11 TAHUN 2008 TENTANG PERLINDUNGAN ANAK

2011 ◽  
Vol 11 (2) ◽  
Author(s):  
Andri Kurniawan
Keyword(s):  
Legal Protection ◽  
The Body ◽  
Best Interests ◽  
Community Life ◽  
Right To Life ◽  
Child Rights ◽  
Rights Of The Child ◽  
Survival And Development ◽  
The Republic ◽  
Body Builder

Qanun Aceh No. 11 of 2008 concerning Protection of Children is based on the perspective that protection of children in all aspects is a part of the development activities and distinctive peculiarities of Aceh and promoting community life and nation in the Republic of Indonesia. Obligation to provide protection to children based on the principles of non-discrimination, the best interests of the child, right to life, survival, and development, and reward for the opinions of children. In the implementation, legal protection of children in Nanggroe Aceh Darussalam not fully comply. Those constraint relating with the legislation, the body builder, body organizer, health facilities and membership. Keywords  :   Qanun, Protection of the Child,  Rights of the Child on Health

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