scholarly journals Building the Builders to Ensure Delivery of Good Quality Education in South Africa: A Critical Legal Insight

2021 ◽  
Vol 11 (4) ◽  
pp. 67
Author(s):  
Isaiah Mmatipe Sefoka

This paper examines how educators are playing a dynamic role in ensuring the realisation of the right to quality education through their educational pedagogies. Teaching and learning have now become an essential tool in shaping the right to access quality education. The paper articulates the intervention by the judiciary through its pronouncements, laws, structures, policies and salient programmes in promoting the right to quality education. It emphasises the importance of capacitating educators with relevant expertise and knowledge so that they will impart that education to the learners. It also hints the importance of having good infrastructural amenities as they augment the delivery of the right to quality education. This paper emphasizes that jurisprudentially speaking, the right to education is inalienable and as such, it is incumbent on the government and institutions responsible for delivery of education to ensure that the right is promoted and always provided for. The paper adopted a non-empirical approach generally acceptable in legal research activities. It recommends that government must capacitate and empower educators as this will enable them to improve their pedagogic methods and as a result deliver an education of good quality and high standard.   Received: 21 December 2020 / Accepted: 8 April 2021/ Published: 8 July 2021

SASI ◽  
2021 ◽  
Vol 27 (2) ◽  
pp. 196
Author(s):  
Lucia Charlota Octovina Tahamata ◽  
Welly Angela Riry

Fulfilling of the Right to Education is a part of Human Rights. The right to education has become important in line with government policies to work from home during the Covid 19 pandemic. During the Covid-19 pandemic the learning process uses two learning methods, namely the online method and the offline method. Two learning methods are used for learning but the process has not been implemented optimally by both teachers and students, there are always obstacles faced. The purpose of this study was to determine and study the fulfillment of the right to basic education during the Covid 19 pandemic. The authors conducted research at the Department of Education and Culture of Elementary Schools and Junior High Schools in Ambon City using empirical research methods, data collection techniques through interviews and observations to students. Based on the results of the research conducted, the authors found that the distance learning system in schools in Ambon City was not optimal due to facilities and infrastructure and mastery of technology. which is still low. Fulfilling the right to education requires the involvement of all parties, namely the government, educators, students and parents to work together in the teaching and learning process during the Covid-19 pandemic. The government, educators, students and educational administering institutions at a practical level must strive to develop learning methods with good digital literacy skills so that they need to be improved through trainings using media for online learning for both educators, students and parents


2020 ◽  
Vol 10 (6) ◽  
pp. 186
Author(s):  
Isaiah Mmatipe Sefoka ◽  
Kolawole Sola Odeku

In South Africa, progressive transformative educational interventions have been implemented since the country became a democratic government in 1994. These interventions were meant to eliminate all past colonial and apartheid eras educational segregation laws and policies which denied the black majority access to quality education. This paper explains the intrinsic contents and contexts of these interventions by demonstration how these interventions are being used to redress the past educational segregation and injustices. It highlights that the Constitution provides for the right to education and that other legislation, policies and educational institutions were introduced to enable and ensure the delivery of quality education to learners in order to make them competent and employable in the workplaces and/or to establish their own businesses and be self-employed. The paper concludes that in order to develop capable and competent human capital and resources, access to and delivery of quality education and training are essential potent tools to accomplish this feat.


2018 ◽  
Vol 2 (2) ◽  
pp. 101-109
Author(s):  
Ach. Fadlail

As a subject of vital human development, plays a central role which will formulate the concept, planning, integrating nodes strength and potential, as well as solve problems that go it. Thus the importance of the role played by humans, it is not exaggeration if humans as subjects of development must truly have personal maturity, good science, capacity, superior capability, and reflects the character of noble character as the embodiment litasnya/its litas. In order to achieve the expected degree of quality, education need the primary  human. It may be noted also that one of important aspect of development is education. Regarding at 31 paragraph (1) of the Constitution of the Republic of Indonesia Year 1945 guarantees the right every citizen to get an education. Constitutional mandate is further defined in the legislation under the Constitution. One is Act No. 20 th2003 on Education System National. Primary responsibility of the provision and delivery of education is in the hands of the Government. Folk as education goals, in addition to having the right to education as mandated by the Constitution of the Republic of Indonesia th1945, also bear the responsibility for the implementation of education. Participation and community participation in education which one of them can be done by the foundation.


2020 ◽  
Vol 6 (3) ◽  
Author(s):  
Chairiyah Chairiyah ◽  
Nadziroh Nadziroh ◽  
Wachid Pratomo

 Schools are one place to educate national life. Schools also form the basis of the government in carrying out its obligations to fulfill the right to education of Indonesian citizens. In addition to the right to education which is a constitutional mandate, schools are also part of the fulfillment of human rights. The National Education Law (Law No 20/2003) article 4 paragraph 1 states that education is carried out democratically and fairly and is not discriminatory by upholding human rights, religious values, cultural values, and national pluralism. Education-based on human rights means that the learning process is carried out in a way where teachers and students must be protected with mutual respect for human rights. In the teachings of Taman Siswa are taught the main principles, namely nature, independence, culture, nationality, and humanity. So, carrying the paradigm of human rights in teaching and learning in schools is not something strange because the foundation has been firmly established by Ki Hadjar Dewantara. Teachers have the right innovations to develop human rights values in schools. 


2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.


Author(s):  
Luthfi Widyantoko

This paper discusses the rights of the poor and marginalized in obtaining the right to education as one of the basic human rights. This paper is based on the condition that the urgency of educational development is one of the top priorities in the national development agenda. Educational development is very important because of its significant role in achieving progress in various fields of life: social, economic, political, and cultural. Therefore, the Government is obliged to fulfill the rights of every citizen in obtaining education services in order to improve the quality of life of the Indonesian people as mandated by the 1945 Constitution, which requires the Government to be responsible in educating the life of the nation and creating public welfare. The lack of equal distribution of education in Indonesia is a classic problem which until now there has not been any strategic steps from the government to handle it. This paper confirms that the achievement of the right to education in Indonesia has not been achieved and is motivated by several key factors, among government policies. In addition, human resources and infrastructure are also one of the causes of unequal access to education in Indonesia.


The paper presents the current scenario of education in India and as examined the rural areas of Patna district area becoming nastiest in spite of initiatives taken and expenses made by the government in this regard. This paper used some statistical measures to evaluate the purpose of the right to education, which is not mere providing education but to provide the right to receive an education of good quality to every child. A quality education is maintained by three key columns viz. providing quality teachers, providing quality resources and by providing secure and compassionate atmosphere. Some suggestive measures have been given through this paper which will help in improving the status of education especially in primary schools in our country


2021 ◽  
Vol 7 (2) ◽  
pp. 128-145
Author(s):  
Reka Dewantara ◽  
Mahandhani Wahyu Ibrahim

Abstrak. Penelitian dalam artikel ini menjelaskan tentang adanya celah hukum yang terkait dengan kontrak penjaminan simpanan LPS terhadap syarat dan ketentuan penjaminan simpanan nasabah. Praktiknya perilaku pemecahan dana simpanan belum ada aturan lebih lanjut, sehingga muncul pertanyaan apa akibat hukum pemecahan dana simpanan oleh nasabah BDL untuk dapat penjaminan dari LPS. Artikel ini adalah penelitian hukum dengan memakai pendekatan perundang – undangan dan pendekatan kasus. Teknik analisis memakai metode interpretasi gramatikal dan sistematis. hasil penelitian ini, penulis berpendapat pemecahan dana simpanan oleh nasabah BDL untuk dapat penjaminanan dari LPS adalah tindakan nasabah yang diuntungkan secara tidak wajar, sesuai pasal 19 ayat (1) huruf b Undang Undang tentang LPS dan terdapat unsur pidana penipuan, tindak pidana di bidang perbankan, dan tindak pidana ekonomi. Akibat hukum pemecahan dana simpanan oleh nasabah BDL untuk dapat penjaminan dari LPS, yaitu hak nasabah (nasabah yang tidak melakukan tindak pemecahan dana simpanan untuk mendapatkan penjaminan dari LPS ) untuk mendapat penjaminan simpanan secara adil, hak LPS untuk tidak melakukan (omission) membayarkan penjaminan simpanan nasabah yang melakukan pemecahan dana simpanan, dan hak pemerintah untuk melakukan (commission) menjaga stabilitas perbankan dari tindakan pemecahan dana simpanan oleh nasabah dengan tujuan dijaminkan simpanannya. Abstract. The research in this article describes the existence of legal loopholes related to the LPS deposit guarantee contract against the terms and conditions of customer deposit insurance. In practice, there is no further regulation on the behavior of splitting deposit funds, so the question arises what are the legal consequences of splitting deposit funds by BDL customers to obtain guarantees from LPS. This article is a legal research using a statutory approach and a case approach. The analysis technique uses a grammatical and systematic interpretation method. the results of this study, the authors argue that the breakdown of deposit funds by BDL customers to obtain guarantees from LPS is an act of customers who benefit unreasonably, according to article 19 paragraph (1) letter b of the Law on IDIC and there is an element of criminal fraud, criminal acts in the banking sector , and economic crimes. The legal consequences of splitting deposit funds by BDL customers to obtain guarantees from LPS, namely the right of customers (customers who do not perform the act of splitting their deposit funds to obtain guarantees from LPS) to obtain a fair deposit guarantee, the right of LPS not to (omission) to pay deposit guarantees customers who split their deposit funds, and the right of the government to undertake (commission) to maintain banking stability from the act of splitting their deposit funds by customers with the aim of securing their deposits.


Author(s):  
Maluleka Khazamula Jan

For far too long, in all parts of the world, the most vulnerable members of society have been excluded from schools. All children, regardless of their physical, intellectual, social, emotional, linguistic, or other conditions, including disabled and gifted children, have the right to education and the relevant pedagogy of inclusion. The teaching methods used should accommodate all members of the society. People who are planning the teaching strategies should also know that people learn better when they do things. The purpose of this chapter is to determine how the theory of constructionism can be applied in the teaching and learning of students in the inclusive education. Information collected from literature on teaching and learning in inclusive education is critically analyzed through the theory of constructionism. Various theorists found that constructionism is relevant to an inclusive classroom since it encourages learning by doing.


Author(s):  
I Wayan Juwahyudhi

ABSTRACTOne of the police authorities is a discretionary action, where the action can also be done at the time of the investigation in dealing the juvenile offenders to protect children’s right to get justice and maximum legal protection. In the Law Number 11 of 2012 on the Juvenile Criminal Justice System stipulate about the investigator authority to carry out action of diversion, but this only applies to children under sentence of less than 7 years in prison and does not apply in children who are subject to punishments of more than 7 years in prison. This is contrary to the 1945 Constitution and the Law Number 23 of 2002 which emphasizes the protection of children before the law an the efforts to avoid imprisonment of the juvenile offenders.The thesis describes the police authority and the legal mechanisms and policies by the investigator in protecting the right on the juvenile offenders that puts the principles of legal protection. In order to avoid negative effects on children, therefore the police discretion is needed to avoid restrictions on freedom of the children’s right. The method used is a normative legal research method, where the normative or library legal research method is done by examining existing library materials.The writer suggested to the government to be more serious in dealing with the problems of children, especially for the juvenile offenders so that the welfare and right of children are protected and to avoid restrictions on freedom and minimize for juvenile offenders.


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