scholarly journals Protection of Child Rights in Polygamy Family Around ASN in Asahan District Community (Analysis Study of Law No. 35 of 2014 about Child Protection)

Author(s):  
Azwar Gunawan

Based on Article 2 of Law Number 23 of 2002 concerning Child Protection and Law Number 35 of 2014 concerning Child Protection, that the implementation of child protection is based on Pancasila and is based on the 1945 Constitution of the Republic of Indonesia, as well as the basic principles of the Convention on the Rights of the Republic of Indonesia. children include: 1) Non-discrimination; 2) The best interests of the child; 3) Right to life, survival and development, and 4) Respect for children's opinions, it can be analyzed and concluded that everything that is urgent for children is their right that is protected by law. Positive law or also called ius constitutum is a collection of written legal principles and rules that are currently applicable and binding in general or specifically and enforced by or through the government or courts in the Indonesian state. Civil Rights, Right to Education and Maintenance, Children's Rights To get Welfare, Children's Right to Take Care of Legal Affairs, it can be analyzed and concluded that children's rights are not only schooled. But civil, welfare, even if he stumbles into a legal case, he has the right to be protected. Protection of children's rights in Law no. 35 of 2014 which states that parents are obliged and responsible for: nurturing, nurturing, educating, and protecting children, developing children according to their abilities, talents, and interests and preventing marriage at the age of children. Children are a mandate and gift from God Almighty, in whom the dignity of being fully human is attached. When polygamy is unavoidable, one of the problems that often arises is that children often become victims. Both in terms of love, education and attention. Of all the rights of children, the most urgent for children is education. Children have the right to get education from an early age as contained in the juridical basis in the body of the Constitution Chapter XIII Article 31 paragraphs 1 and 2 of 1945 which reads: every citizen has the right to receive instruction (paragraph 1) the government seeks and organize a national teaching system regulated by law.  

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Teta Riasih

Children in Ciburial Village experience several problems including discrimination, violence, exploitation, and neglect of children. UU no. 4 of 1979 concerning Child Welfare and Law No. 23 of 2002 in Indonesia concerning Child Protection, states the importance of child protection by parents and the community, but this has not been fully met at the level of implementation. To realize child protection, the Bandung regency government, since 2014 has launched a pioneering child-friendly district by forming a child-friendly village including Ciburial Village, Cimenyan Sub-district. The research approach used was qualitative (field research), the source of data in the research amounted to eight people. The main source is the Ciburial Village leader and several Village officials who determine various village policies and programs that support child protection. Data collection techniques used primarily were group interviews with officials in the village of Ciburial, in addition to that also used in-depth interview techniques. The results showed that the fulfillment of children's rights in the context of supporting a village worthy of children is very good, namely by the availability of social institutions in each of the Five Pillars that guarantee the fulfillment of children's rights, fulfillment of civil rights and freedom of children, the right to health and basic welfare, the availability of the family and care environment alternative for children, the right to education, the use of free time and cultural activities based on local wisdom, and provide special protection. Suggestions in this research are the need to continue to promote socialization on child protection, as well as the provision of human resources who are concerned about the protection of children who come from internal circles of Ciburial Village beside the government officials of Ciburial Village to better coordinate with the Government of Bandung Regency and other agencies so that the fulfillment of children's rights in Ciburial Village can run optimally.


PRANATA HUKUM ◽  
2020 ◽  
Vol 15 (2) ◽  
pp. 172-182
Author(s):  
Yulia Hesti ◽  
Risna Intiza

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.


2018 ◽  
Vol 4 (1) ◽  
pp. 141
Author(s):  
Muhammad Fachri Said

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.


2020 ◽  
Vol 28 (1) ◽  
pp. 36-65
Author(s):  
Ruth Brittle ◽  
Ellen Desmet

This article presents a tentative analysis of 30 years of academic research in the field of children’s rights and migration (1989–2019). Much research has addressed the plight of unaccompanied, refugee and asylum-seeking children, trying better to link children’s rights considerations with international refugee law. Many publications address the best interests of the child principle and the right to be heard. Most research focuses on (migration towards) Europe. This has led to an increased visibility and recognition of children’s rights in the context of migration. However, there are still various blind spots in the research reviewed. Most research focuses on some children, but not all (e.g., accompanied children), on some rights, but not all (e.g., economic, social and cultural rights), and on some types of migration, but not all (e.g., economic migration). Moreover, refugee and migrant children tend to be studied as a group, which risks reducing attention for their internal diversity.


2021 ◽  
Vol 1 (1) ◽  
pp. 27-35
Author(s):  
Yusnani Hasyimzum ◽  

Abstract Children, both boys and girls, are considered state assets because they represent the nation's future generation. Children's development and growth require special consideration and protection on the part of parents, family, society, nation, and state. Children's constitutional rights are regulated in the 1945 Constitution, which guarantees the welfare of every citizen, including protection against violations of children's rights, which are considered human rights. Every child has the right to survival, growth, and development, as well as the right to be protected from violence and discrimination, as mandated by the 1945 Constitution of the Republic of Indonesia; additionally, every child has the right to survival, growth, and development, as well as the right to be protected from violence and discrimination; The issue is why the constitutional rights of children who have been neglected as a result of divorce have not been fully complied with and what legal safeguards have the government implemented to reduce the number of child neglect victims.


2020 ◽  
Vol 28 (2) ◽  
Author(s):  
Ratri Novi Erdianti

The implementation of online learning systems in the pandemic period of COVID-19 caused problems related to learning methods that require adequate facilities and not all students have them. In addition, the community also feels less than optimal for students, especially elementary school children who find it hard to accept learning through online, this is also because there is more work to replace the material students can use. The purpose of this paper is to see that the study at home policy is an appropriate step according to the guarantee of legal protection mandated by Law no. 35 of 2014 concerning Amendment of Law No. 23 of 2002 concerning the Protection of children to continue to carry out the learning process so that the world of education is not paralyzed due to the problem of the spread of covid 19. The purpose of this study is to examine the study at home policy as a guarantee of legal protection mandated by Law no. 35 of 2014 concerning Amendment to the Law no. 23 of 2002 concerning child protection. The method used in this study is the normative method. The results of the study show that online learning policies are the best solution and are in line with the principles of legal protection of children's rights in Indonesia, especially regarding the right to be safe from danger and to be kept away from diseases as well as the right to survival and development.


Author(s):  
M. Nur Syafiuddin ◽  
Rachmad Safa’at ◽  
Prija Djatmika ◽  
Istislam Istislam

Children have human rights (HAM) as those of adults. Unfortunately, discussions regarding children's rights are not as intense as adult rights or women's rights. There are not many parties that discuss and take concrete actions related to the protection of children's rights. In fact, children are a reflection of the future, assets of family, religion, nation and state. This study aims to describe and analyze the meaning of child support in the pattern of child protection in Indonesia based on the best interests of the child. This normative legal research utilized a philosophical and statutory approach. Analytical techniques used to process legal materials were analytical prescriptive methods, hermeneutics (interpretation) of law and ijtihadi. The legal materials used were primary legal materials including laws on child protection and secondary legal materials consisting of all literature and publications relevant to the field of child protection law. The results showed that there are at least two meanings of child support in the pattern of child protection in Indonesia based on the principle of child protection: child support as a guarantee for child welfare and child support as a futuristic value in child protection.


1973 ◽  
Vol 43 (4) ◽  
pp. 481-482

During the last decade concern for children has been put increasingly in terms of children's rights: the right to adequate nutrition, health care, and comprehensive child development services, the right to education, the right to read, the rights of students, the right to treatment under the juvenile justice system. Much of the discussion has been either narrowly legal, limited to law journals, or merely strategic,urging the formation of child advocacy groups, or largely rhetorical, proclaiming the fundamental preconditions for physical and psychological development without exploring their policy implications. It has become clear that the interests of children do not always coincide with those of their parents or the state, and that there is no longer confidence that current laws and policies, which give adults wide discretion to interpret the child's best interests, always achieve beneficial ends. What has been missing is a broad notion of what is appropriately included in the consideration of children's rights and, at the same time, a more specific application of these rights to particular institutions, policies, and legislation.


2021 ◽  
Vol 2 (2) ◽  
pp. 277-287
Author(s):  
Irma Alviana ◽  
Slamet Rosyadi ◽  
Simin Simin ◽  
Rukna Idanati

The Children's Forum is a forum for children's participation in development that bridges children's aspirations to the government. Child-friendly Cities/Districts aim to ensure the fulfillment of children's rights in a city/district. Both were formed by the Ministry of Women's Empowerment and Child Protection, so their existence is interrelated with each other. In Banyumas Regency both have been formed, so that with the presence of the Banyumas Children's Forum, participation can be analyzed as an effort to create a Child-friendly City in Banyumas Regency. This study aims to find out how the participation of the Banyumas Children's Forum in realizing Child-friendly City in Banyumas Regency is viewed from the perspective of multi-stakeholder partnerships using descriptive qualitative research methods. The selection of informants used was purposive sampling technique. Collecting data using interview, documentation and observation methods and data analysis methods using interactive analysis methods. The results showed that the Banyumas Children's Forum was formed by a Decree of the Banyumas Regent, fostered by the Banyumas Regent, and facilitated by the facilitators. However, the relationship between the facilitator and the Banyumas Children's Forum has not been closely intertwined because the task of the facilitator is conditional if the Children's Forum needs assistance. For the Child-friendly City program, it is the responsibility of all stakeholders, including the Banyumas Children's Forum which is included in the Banyumas Child-friendly City Task Force. The Banyumas Children's Forum is included in one of the institutional cluster indicators, which are responsible for realizing Child-friendly City. Therefore, to help realize a Child-friendly City, a Children's Forum has now been formed in 27 sub-districts throughout Banyumas, and it is being targeted to establish a Children's Forum in all villages. The activities of the Banyumas Children's Forum are monitored and evaluated directly by the Banyumas Regent as the supervisor and the Head of the Section for the Fulfillment of Children's Rights of the DPPKBP3A.


2020 ◽  
Vol 28 (2) ◽  
Author(s):  
Izza Aliyatul Millah ◽  
Pujiyono Pujiyono

The new normal era is a necessity and must be faced by all countries until the discovery of the Covid-19 disease vaccine. The implementation of this new normal era policy has caused public debate related to various concerns of the people, especially the state’s readiness to guarantee the safety of the population from the transmission of Covid-19, especially in the protection of children in terms of fulfilling their rights. This paper aims to find out child protection providers in providing protection and fulfillment of children’s rights in new normal behavior during the Covid-19 pandemic and to find out the implementation of policies towards the protection of children’s rights in new normal behavior during the Covid-19 pandemic. This research uses doctrinal law research. Legal information sources use primary legal materials (relevant regulations and documents) for further qualitative analysis. The approach used is a statutory approach and conceptual approach in helping solving problem formulations. This research concludes that the right effort to deal with the new normal era is to strengthen child protection based on children’s rights, starting from parents, family, community, and government during the pandemic. Associated with the establishment of a policy schedule for children entering school when the new normal era in the Covid-19 pandemic. The key to protecting children in the new normal era is the health protocol rules that can be a guideline for parents and caregivers of children and the fulfillment of children’s primary rights in the new normal era is the health and safety aspects of children.


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