scholarly journals Child Care and Protection in Perspective of Legislation, Human Rights and Islamic Law

Al-Bayyinah ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 29-42
Author(s):  
Lisma Lisma ◽  
Roykhatun Nikmah
Keyword(s):  
Human Rights ◽  
Child Care ◽  
Child Protection ◽  
Islamic Law ◽  
Children's Rights ◽  
Children’S Rights ◽  
Human Beings ◽  
Empirical Reality ◽  
Universal Principles ◽  
Global Concern

The empirical reality regarding the issue of care and protection for children is still a global concern. It is necessary to find rules regarding the protection and care of children. Comparing several rules in legislation, human rights and Islamic law in strengthening the position of children as human beings who must receive care and protection. This research is a literature review with a normative juridical approach. Examining various literatures by focusing on aspects of laws and regulations related to care, child protection, human rights and Islamic law. The techniques of analysis used were descriptive and comparative. The findings of this study indicate that child care and protection falls into the category of fulfilling human rights. Child protection is in line with the universal principles of human rights and has a legal umbrella and the power to obtain care and protection. However, the existing regulations have not been maximally implemented. In Islamic law, children have a very high guarantee of protection, this is included in the category of caring for children as the goal of sharia (maqashid syari'ah). The implication of this finding is that the protection of children's rights cannot be negotiated, because the state and religion have provided protection, so what must be enforced is the supervision of the fulfillment of children's rights.

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 KEDUDUKAN DAN FUNGSI KOMISI PERLINDUNGAN ANAK INDONESIA DALAM MELINDUNGI HAK-HAK ANAK

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Apri Rotin Djusfi
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Birth Certificate ◽  
Children's Rights ◽  
Children’S Rights ◽  
Presidential Decree ◽  
The Law ◽  
Protection Commission

Indonesian Child Protection Commission is an independent agency, established under the provisions of the Law on Child Protection. Was formed on June 21, 2004, this agency is mandated by Presidential Decree No. 77 of 2003 and Article 74 paragraph (1) and (2) of Law 35 of 2014 on the Amendment of Act No. 23 of 2002 on Child Protection. The problem that is revealed in this research is how the protection of children is in conformity with the principles of human rights, is child protection in Indonesia is in conformity with the 1945 Constitution and the laws protecting children and how the role of the Indonesian Child Protection Commission in protecting the rights of children. The principles of human rights that protects the protection of children one of which is the birth certificate. Indonesian Child Protection Commission’s role in protecting the rights of children is as a protection and supervisor of Law 35 of 2014 on the Amendment of Act No. 23 of 2002 in the Child Protection.Keywords : Children Right Protection Law,  KPAI, Children's rights

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.

The Child’s Right to Family

2020 ◽  
pp. 236-256
Author(s):  
Barbara Bennett Woodhouse
Keyword(s):  
Human Rights ◽  
Family Relationships ◽  
Child Protection ◽  
Children's Rights ◽  
Family Reunification ◽  
Children’S Rights ◽  
Family Identity ◽  
Rights Of The Child ◽  
European Court ◽  
Birth Records

This chapter discusses the role played by human rights charters, such as the UN Convention on the Rights of the Child, the European Charter of Human Rights, and the African Charter on the Rights and Welfare of the Child, in establishing that children are not mere property of their parents but persons with their own independent rights to protection of family relationships and family identity. The chapter identifies specific provisions in these charters relevant to children’s family rights. It then examines various decisions of the European Court of Human Rights that address claims of violations of children’s rights to family in contexts including adoption, child protection, family reunification, access to birth records, and immigration, and that define appropriate remedies. The chapter closes by highlighting the growing threat to children’s rights to know and be cared for by their families posed by the populist backlash in wealthier nations against migrants fleeing war, violence, and poverty.

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.

Reflections on how Selected Shona and Ndebele Proverbs Highlight a Worldview that Promotes a Respect and/or a Violation of Children’s Rights

2014 ◽  
Vol 22 (3) ◽  
pp. 660-671 ◽  
Author(s):  
Tendai Mangena ◽  
Sambulo Ndlovu
Keyword(s):  
Human Rights ◽  
Child Care ◽  
Children's Rights ◽  
Children’S Rights ◽  
Modern Concept ◽  
Rights Of The Child ◽  
Rights Discourse ◽  
Human Rights Discourse ◽  
Modern Sense ◽  
Universal Application

This paper sets out to demonstrate that though the un Convention on the Rights of the Child (1989) is the most widely accepted Human Rights Convention and Zimbabwe is one of the 193 states acceding to the treaty, there are still challenges in the promotion of children’s rights. Irrespective of the fact that human rights discourse is believed to be a modern concept and its universal application is contested, this paper also demonstrates that children’s rights have always been moral imperatives for both the Shona and Ndebele of Zimbabwe since time immemorial, as shown in their proverbs. Nevertheless, it is also imperative there were some beliefs that, if considered in the modern sense of the human rights paradigm, promoted the violation of some children’s rights. The following discussion shows that children’s autonomy is not culturally a Shona or Ndebele concept, and is often not realized in these cultures even if Zimbabwe adheres to the Convention of the Child’s Rights that stipulates that the child be viewed and treated as an autonomous being. In both Shona and Ndebele traditional cultures, as expressed in their proverbs, parents have an obligation to offer protection to their children. This paper also demonstrates the cultural ambivalence in two specific aspects of child care: the beating up of children as a discipline factor and the raising up of orphans.

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.

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