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 Understanding Child Support in the Pattern of Child Protection based on the Principle of Child Protection

2021 ◽  
Vol 8 (1) ◽  
pp. 92
Author(s):  
M. Nur Syafiuddin ◽  
Rachmad Safa’at ◽  
Prija Djatmika ◽  
Istislam Istislam
Keyword(s):  
Human Rights ◽  
Child Welfare ◽  
Child Protection ◽  
Child Support ◽  
Analytical Techniques ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Legal Research ◽  
Materials Used

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.

scholarly journals The Importance of Establishing Functional Position of Corporate Supervisor at the Ministry of Law and Human Rights

2021 ◽  
Vol 21 (2) ◽  
pp. 175
Author(s):  
Jamilus Jamilus
Keyword(s):  
Human Rights ◽  
Qualitative Analysis ◽  
Organizational Structure ◽  
Research Method ◽  
Legal Research ◽  
Government Programs ◽  
Descriptive Research ◽  
Directorate General ◽  
The Government ◽  
Functional Position

The establishment of Functional Position of Corporate Supervisor is one of the priority working programs to be realized at the Directorate General of Legal Administrative Affairs. This is important, not only to implement the government programs, namely simplifying the bureaucracy, but also to optimize the performance of the Ministry of Law and Human Rights. The question is why it is important to establish the Functional Position of Corporate Supervisor at the Ministry of Law and Human Rights. The research method used is normative and empirical legal research with descriptive research characteristics and a qualitative analysis approach. The results showed that the importance of the Functional Position of Corporate Supervisor at the Ministry of Law and Human Rights is based on the mandate of Presidential Regulation Number 13 Year 2018 and Article 138 to Article 141 of Law Number 40 Year 2007, as well as changes in the institutional structure of the Directorate of Civil Affairs. In order for the mandate of Presidential Regulation Number 13 Year 2018 and Article 138 to Article 141 of Law Number 40 Year 2007 to be realized, the Ministry of Law and Human Rights needs to immediately establish the Functional Position of Corporate Supervisor, and also immediately change the organizational structure of the Directorate of Civil Affairs. 

CHILDREN'S RIGHTS BEFORE THE LAW: A ROLE OF LOCAL GOVERNMENT IN THE CHILD PROTECTION SYSTEM

Al-Bayyinah ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 243-260
Author(s):  
Hatija Asiri ◽  
Andi Sugirman
Keyword(s):  
Child Protection ◽  
Local Governments ◽  
Legal Protection ◽  
Children's Rights ◽  
The State ◽  
Protection System ◽  
Children’S Rights ◽  
The Law ◽  
The Government

Protection of children's rights before the law has been regulated in Law No. 11 of 2012 concerning the child protection system and is specifically followed up in the Local Regulation of Bone Regency No. 1 of 2014. Children's inability in legal matters makes the State provide protection to children in conflict with the law. Legal protection for children is the obligation of the State as a mandate of the 1945 Constitution. The problem that arises is that cases of children dealing with the law continue to increase, so it is important to see the form of the role of the government in giving rights to children in conflict with the law. This research is a normative empirical study with a normative juridical legal research approach. Analyzing legal theories and statutory regulations, comparison of laws (comparison approach). The findings of this study indicate that children who are in conflict with the law, the government has provided diversion protection, namely protection at the level of the judicial process, investigation and prosecution. The position of diversion is given by the government to children as victims, perpetrators and witnesses in criminal acts. Local governments in providing productive protection for children in trouble by providing educational and economic assistance. The implication of this finding shows that children are the generation of the nation who deserve protection from the State, even though these children are in conflict with the law. 

REPOSITION OF CHILD PROTECTION THROUGH THE ENFORCEMENT OF HUMAN RIGHTS AND CONSTITUTIONAL RIGHTS

2020 ◽  
Vol 9 (2) ◽  
pp. 314
Author(s):  
Nanik Trihastuti ◽  
Stephanie Apsari Putri
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Rights ◽  
Constitutional Rights ◽  
Applicable Law ◽  
Violence Against Children ◽  
The Government ◽  
Legal Subjects

The number of violations of children’s rights in the form of exploitation and violence against children is increasing in Indonesia. The increase is due to the lack of understanding of children’s rights from related parties. Repositioning children’s rights is needed because children need a specific right and specific protection under a specific human rights framework, so that they do not lose power when establishing relationships with adults; where at this point, children are very vulnerable to treatment discriminatory. The repositioning of children’s rights is carried out by making a protection and enforcement of human rights as guaranteed constitutional rights, which is based on the understanding that human rights are human rights in toto and not merely as an individual’s legal rights in their capacity as legal subjects that are legally listed in the applicable law. The failure of the government to carry out this obligation is violation by omission.

Perlindungan Hukum terhadap Anak Panti Asuhan yang telah Berusia Dewasa

2020 ◽  
Vol 1 (2) ◽  
pp. 122-126
Author(s):  
Ida Ayu Prawita Utami Putri ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Nyoman Sutama
Keyword(s):  
Child Protection ◽  
Research Method ◽  
Legal Protection ◽  
Foster Child ◽  
Legal Research ◽  
The Government ◽  
The Way

There are a lot of children who are less fortunate to be born without their parents for various reasons. An orphanage is a place where they live by self-taught in order to gain proper knowledge in order to reach maturity. With the existence of the orphanage, the government has helped facilitate all the needs of a child who is not fortunate because independently builds identity and knowledge. An orphanage is a place for children born without parents with the task of raising and providing proper education and accompanying children to adulthood and are able to sort out and choose the way forward. This research was conducted with the aim of describing the legal protection of adult orphanage children. The research method used in this research was a normative legal research method. The results of this study indicated that the orphanage guarantees child protection when the child is in the orphanage environment so that they are released from outside reach even though the child is an adult. Some orphanages make their own rules whereby a child who enters and joins as a foster child or resides in an orphanage gets a family card that is binding like a family card in general, especially if the child does not have parents, either father or mother, and a place to live.

scholarly journals Child Labor Protection Based on Indonesian Manpower Act and Human Rights Principle

2020 ◽  
Vol 9 (2) ◽  
pp. 253
Author(s):  
Ridwan Arifin ◽  
Rodiyah Rodiyah ◽  
Aprilia Putri Adiningsih
Keyword(s):  
Human Rights ◽  
Child Labor ◽  
Child Protection ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Labor Protection ◽  
Key Issues ◽  
Human Rights Act ◽  
Online Sources

Child labor in many cases tends to experience various acts of crime and violence, even in the violation of their human rights, such as human trafficking and exploitation. Child labor has been regulated in various laws and regulations, including the Manpower Act. This paper examines three important key issues, namely: first, the legal protection of child labor in Indonesia based on labor and human rights laws, second, an analysis of the child labor protection rules applicable in Indonesia, and third, the emergence of child labor (child labor) in Indonesia. This research is normative legal research, where the study is literature. However, field data on this study were obtained from various related previous research results, both print and online sources. This research emphasized that the prohibition of working or employing children has been regulated in the Manpower Act which is closely related to efforts to protect children’s rights, which are also guaranteed protection in Law Number 39 of 1999 concerning Human Rights (Human Rights Act). The principle of child protection not only stipulated on Human Rights Act, but also Indonesian Manpower Act and Indonesia Child Protection Act. However, weaknesses of Manpower Act do not expressly prohibit child labor. In certain occupations, child labor is still permitted on various conditions. But in fact, these requirements are very difficult to control so that many children’s rights are violated.

scholarly journals Sosialisasi Pendampingan Hukum Terhadap Anak Asuh di SOS Children Villages

2019 ◽  
Vol 1 (1) ◽  
pp. 39
Author(s):  
Nila Trisna
Keyword(s):  
Child Protection ◽  
Growth And Development ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Assistance ◽  
The West ◽  
District Government ◽  
Perpetrators And Victims ◽  
The Government

Law No. 35 of 2014 concerning protection of children also guarantees the fulfillment of children's rights to survival, growth and development and is entitled to protection from violence and discrimination. Fulfillment of the rights of basic needs and protection for children in the scope of West Aceh has not yet been fully implemented. The process of conducting the socialization was carried out by the method of exposure and discussion of legal counseling materials about the role and obligations of the Government in providing legal protection to children who need legal assistance. The participation of all parties in paying attention to the protection of children is one thing that is very urgent. Given cases involving children in conflict with the law both as perpetrators and victims, often ignoring the rights of children who should be protected by laws and regulations. This is what needs to be done by all parties to encourage the West Aceh District Government to immediately give birth a Qanun on Child Protection. So that with regulations specifically related to child protection, children's rights are guaranteed by law. 

scholarly journals Problematika Hak Kekayaan Intelektual Di Bidang Merek Bagi Pelaku Usaha Mikro Kecil Menegah

2021 ◽  
Vol 5 (2) ◽  
pp. 42-56
Author(s):  
Zulfikri Toguan
Keyword(s):  
Intellectual Property Rights ◽  
Research Method ◽  
Community Organization ◽  
Legal Protection ◽  
Geographical Indications ◽  
Legal Research ◽  
Protection Measures ◽  
Library Research ◽  
Trademark Registration ◽  
The Government

Legal protection for a mark of a place or origin of MSMEs can be done by first registering the mark to obtain legal force. In this case the Office/Agency/Community Organization assists by facilitating MSMEs in terms of socialization and assistance for trademark registration. Law Number 20 of 2016 concerning Marks and Geographical Indications provides improvements to previous laws, especially regarding preventive protection measures, namely registration procedures and registration fees. Brands produced by Indonesian MSMEs can help increase competitiveness in the development of new products. This research is normative or library research method, namely legal research carried out by reviewing and researching library materials in the form of primary legal materials and secondary legal materials. This study concludes: First, the problems in the protection of intellectual property rights in the field of branding for MSME products are due to the understanding of MSME actors on brand rights is still low/shallow so that MSME actors do not register the brand of MSME products. Second, efforts to provide brand protection to the MSME industry are by registering MSME brands and the government makes it easy for MSME industry players to register trademarks.

scholarly journals Perlindungan Konsumen atas Pencabutan Izin Usaha BPR oleh Otoritas Jasa Keuangan

2021 ◽  
Vol 23 (1) ◽  
pp. 57
Author(s):  
Asri Elies Alamanda ◽  
Darminto Hartono
Keyword(s):  
Research Method ◽  
Deposit Insurance ◽  
Legal Protection ◽  
Legal Research ◽  
Central Java ◽  
The Government ◽  
Special Region

The revocation of the Rural Bank (BPR) business license is inseparable from the function of the OJK in fostering and supervising the BPR. This study used an empirical legal research method, namely research was conducted at OJK Regional 3 Central Java and Yogyakarta Special Region. The results indicate that there are 2 legal protections provided by the government to depositors of funds, namely preventive and repressive legal protection. Preventive legal protection has the character of preventing problems, including the application of the principles of confidentiality and prudence. Meanwhile, the repressive legal protection that functions to resolve disputes that arise is the Deposit Insurance Corporation (LPS). Then the factors that cause the revocation of the BPR's business license are factors that come from internal BPRs that cannot manage the BPR properly. The revocation of the RB's business license was caused by 2 things, namely the revocation of the business license at the request of the shareholders and the revocation of the business license because the rescue efforts carried out did not bear fruit.

scholarly journals Perlindungan Hukum terhadap Anak Sebagai Pelaku Tindak Pidana dari Perspektif Kemerdekaan Pers

2021 ◽  
Vol 2 (2) ◽  
pp. 233-237
Author(s):  
Kadek Mahadewi ◽  
I Wayan Rideng ◽  
Ida Ayu Putu Widiati
Keyword(s):  
Child Protection ◽  
Negative Impact ◽  
Code Of Ethics ◽  
Legal Protection ◽  
Children's Rights ◽  
Criminal Code ◽  
Children’S Rights ◽  
Press Freedom ◽  
The Press ◽  
Negative Impacts

Legal protection  for children  who consider  the law  is one important  aspect  that must  be considered   by all parties  to avoid  negative  impacts felt  by children  and children.   This  research  has  two problemformulations,     namely:   1) How  is legal protection   against  children  as  a  crime?  2)  What  are  the  implications   of press freedom which violates children's  rights as a crime? The method  used is nonnative legal  research.   The  implementation    of  press  freedom    in  reporting   is  not   in accordance   with  the  regulations   regarding  child  protection   and  the journalistic code of ethics because  efforts  are still being made  by the press  in reporting  about children  as a crime  whose identity  is published  in both print and electronic  media so that  it has a negative  impact  both physically.   and psychologically   to children. This requires  accountability  from the press  and sanctions  given  to the press  who violate children's  rights are regulated  in the Criminal  Code.

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