ANALISIS TERHADAP PERATURAN PEMERINTAH NO 54 TAHUN 2007 TENTANG PELAKSANAAN PENGANGKATAN ANAK DITINJAUDARI  PRINSIP NON DISKRIMINASI DALAM KONVENSI HAK ANAK (CONTOH KASUS POLWAN GAGAL ADOPSI ANAK KARENA TERHALANG PERATURAN PEMERINTAH)

Child is a gift from God Almighty, who inherent in dignity and dignity as a whole person. Children also have human rights recognized by the nation-states in the world. Children's rights are marked by the guarantee of protection and fulfillment of the Rights of the Child in the 1945 Constitution of the State of the Republic of Indonesia and several provisions of laws and regulations both national and international. This guarantee is upheld through the ratification of the International Convention on the Rights of the Child, namely the ratification of the Convention on the Rights of the Child through Presidential Decree No. 36/1990 on the Ratification of Convention On The Rights Of The Child. In the case that the authors found that there was an adoption of a child who could not be made due to Government Regulation No. 54 of 2007 article 3, paragraph 2 stating that in the case of the origin of the child is unknown, the child's religion is in accordance with the religion of the majority of the local population. With this case, according to the author means there has been discrimination against prospective parents who have good intentions to appoint children because of the constraints of religious differences between parents and prospective children. Whereas in the course of the child is also possible to choose a different religion with the parents' religion. Directly this Government Regulation is contrary to the principle of Non-Discrimination adopted by the Convention on the Rights of the Child

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Can the Application of the Human Rights of the Child in a Criminal Case Result in a Therapeutic Outcome

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ◽

10.17159/1727-3781/2010/v13i3a2680 ◽

2017 ◽

Vol 13 (3) ◽

pp. 125

Author(s):

Enid Coetzee

Keyword(s):

Human Rights ◽

Case Law ◽

Primary Caregiver ◽

Therapeutic Outcome ◽

Specific Reference ◽

Rights Of The Child ◽

Therapeutic Outcomes ◽

The Republic ◽

Mitigating Factor ◽

The Impact

Prior to the change brought about by S v M,[1] the interests of children were only considered as a circumstance or mitigating factor of the offender during the sentencing process. The article will discuss case law in order to determine the impact that the inclusion of the human rights of the child had on the sentencing process if the offender was the primary caregiver of the child. Specific reference is made to Sections 28(2) and 28(1)(b) of the Constitution of the Republic of South Africa, 1996. The article will then consider whether this inclusion might improve therapeutic outcomes without the apprehension that the interests of justice would be forfeited. A therapeutic outcome is brought about when the attention is placed on the human, emotional and psychological side of the law. It is concluded that the Zinn triad remains the basic measure to be used by sentencing courts to determine an appropriate sentence. Should the sentence be direct imprisonment, the court has to ensure that the children receive appropriate care as prescribed by Section 28(1)(b). Should a range of sentences be considered, even though the court has a wide discretion to decide which factors should be allowed to influence the measure of punishment, when the offender is a primary caregiver, Section 28(2) must be included as an independent factor. It is also concluded from the case law discussion that the inclusion of the human rights of the child in the sentencing process did not automatically give rise to a therapeutic outcome, although in some judgments it did result in a therapeutic outcome. Thus, the consideration of the human rights of the children during the sentencing process creates the opportunity for a therapeutic outcome.[1] 2007 2 SACR 539 (CC).

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Introduction: Children’s Rights as Human Rights

10.1093/oso/9780197565988.003.0001 ◽

2021 ◽

pp. 1-4

Author(s):

Richard P. Hiskes

Keyword(s):

United States ◽

Human Rights ◽

Children's Rights ◽

The United States ◽

Children’S Rights ◽

Rights Of The Child ◽

The Us ◽

The World

The world does not really believe that human rights pertain to children. This is so in spite of the fact that the 1989 UN Convention on the Rights of the Child (CRC) has been ratified by all nations worldwide except for one, the United States. This book explores the reasons behind the US refusal in ...

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DUALISME PEMBATALAN PERATURAN DAERAH PROVINSI DENGAN PERATURAN PRESIDEN DAN PERATURAN MENTERI DALAM NEGERI

Jurnal Magister Hukum Udayana (Udayana Master Law Journal) ◽

10.24843/jmhu.2015.v04.i01.p01 ◽

2015 ◽

Vol 4 (1) ◽

Author(s):

Gde Edi Budiartha

Keyword(s):

Local Government ◽

Government Regulation ◽

Central Government ◽

Regional Government ◽

Regulatory Oversight ◽

Legal Concept ◽

State Supervision ◽

Presidential Decree ◽

The Republic ◽

And Control

Local regulations are local regulations that are established by local specificities recognized by the Constitution of the Republic of Indonesia-1945 as part of their decentralization. Local regulations can not contradict the legislation of higher order not to cause a result of the cancellation. This cancellation is the authority of the central government in relation to the unitary state. Supervision by the central government there are two models of preventive supervision and oversight repesif. Cancellation regulatory oversight repesif area is conducted on local government. Cancellation Provincial Regulation made by the President and the Minister of the Interior gave rise to a dualism. For it will be discussed on How cancellation arrangements are made with the Provincial Regulations and Regulations Presidential Decree of the Minister of the Interior? 2. What is the legal effect of the cancellation of Provincial Regulation by Presidential Decree and the Regulation of the Minister of the Interior? The issues discussed using normative research by using the approach of legislation, the legal concept analysis approach, in order to obtain answers that dualism cancellation provincial regulations stipulated in several laws including Law No. 32 Year 2004 on Regional Government, Law No. 28 year 2009 on Local Taxes and levies, Government Regulation No. 79 Year 2005 on Guidelines Direction and Control of Local Government, Minister of the Interior No. 1 Year 2014 on the Establishment of the Regional law Products stating that the authority of the cancellation of regulations made by the President of the instrument while the Presidential Decree cancellation made by the Minister of the Interior was limited to cancellation Draft Regional Regulation on stage during the evaluation of preventive supervision and legal consequences caused by the dualism cancellation of local regulations are different between cancellation made by the President and minister of Interior. Cancellation is cancellation of its President in the field of executive interim final cancellation made by the Minister of the Interior if the local government to enforce the local regulations canceled Interior Minister will ask the cancellation to the President.

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PERLINDUNGAN HAK ASASI MANUSIA BAGI PENGUNGSI DI NEGARA NON-ANGGOTA KONVENSI STATUS PENGUNGSI 1951 [Human Rights Protection for Refugees in Non-Member Countries of the 1951 Refugee Status Convention]

Law Review ◽

10.19166/lr.v20i2.2689 ◽

2020 ◽

Vol 20 (2) ◽

pp. 169

Author(s):

Fransiska Ayulistya Susanto

Keyword(s):

Human Rights ◽

International Law ◽

Political Rights ◽

Refugee Status ◽

International Convention ◽

Customary International Law ◽

Human Rights Protection ◽

Cultural Rights ◽

Territorial State ◽

Rights Of The Child

Refugee problems become global problems not only for destination country but also for the transit or non-parties country on Status of Refugees Convention 1951. The problem arises when the transit or non-parties country ignore the existence of the refugees in their territory consequently, many refugees could only depend on their protection under UNHCR help. Even if, the territorial state is not the party of 1951 convention, however, they still have responsibility under another Human Rights Convention to give protection to the refugees. Therefore, how far the refugees shall be protected under the transit territory? This article will have analyzed minimum protection under Human Rights instruments and Customary International Law that could give to the refugees. Under the International Covenant on Civil and political Rights, International Covenant on Economic, Social and Cultural Rights, International Convention on The Rights of the Child and Customary International Law, the state territory shall give protection without any discrimination to the refugees, even if they are not the party of 1951 convention. Even though, the protection that refugees get from transit state slightly different than protection from state parties, however, they shall get to be protected.Bahasa Indonesia Abstrak: Masalah pengungsi sudah menjadi permasalahan global yang tidak hanya berpengaruh terhadap negara tujuan saja, namun juga pada negara transit atau negara yang bukan merupakan negara anggota Konvensi Status Pengungsi 1951. Masalah timbul saat negara-negara transit atau negara non-anggota mengabaikan keberadaan pengungsi di teritori negara mereka, sehingga banyak pengungsi yang hanya menyandarkan nasibnya di tangan bantuan UNHCR. Meskipun negara teritorial bukan merupakan negara anggota Konvensi Status Pengungsi 1951, namun mereka seharusnya tetap memberikan perlindungan kepada pengungsi. Pertanyaannya, seberapa jauh negara harus memberikan perlindungan kepada pengungsi? Artikel ini akan menganalisis perlindungan minimal di bawah Hak Asasi Manusia yang harus diberikan negara non-anggota kepada pengungsi yang ada di wilayahnya. Menurut Konvenan tentang Hak-Hak Sipil dan Politik, Konvenan Hak-Hak Ekonomi, Sosial dan Budaya, serta Konvensi Perlindungan Anak dan juga hukum kebiasaan internasional, negara teritorial haruslah memberikan perlindungan tanpa diskriminasi kepada pengungsi, meskipun negara teritorial tidak menjadi para pihak dari Konvensi Status Pengungsi 1951. Meskipun perlindungan yang diberikan kepada pengungsi oleh negara transit sedikit berbeda jika dibandingkan perlindungan dari negara anggota konvensi, mereka tetap harus mendapatkan perlindungan.

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Aspek Hukum Pidana Warga Negara Asing Ke Negara Kesatuan Republik Indonesia Tanpa Melalui Pemeriksaan Pejabat Imigrasi (Studi Putusan No: 1474/Pid.Sus/2016/PN. Mdn)

JUNCTO: Jurnal Ilmiah Hukum ◽

10.31289/juncto.v1i2.209 ◽

2019 ◽

Vol 1 (2) ◽

pp. 143-149

Author(s):

Rama Sari Atiwiz Purba ◽

Ridho Mubarak ◽

Rafiqi Rafiqi

Keyword(s):

Human Rights ◽

Law Enforcement ◽

Government Regulation ◽

Legal Action ◽

Foreign Nationals ◽

Criminal Sanctions ◽

Library Research ◽

Criminal Offenses ◽

The Republic ◽

Administrative Sanctions

Immigration is a form of legal action that is marked by the arrival or presence of foreigners in the territory of the Republic of Indonesia and the departure of Indonesian citizens to the territory of other countries by using or not having immigration travel documents. The method of this research is normative juridical, which is using Library Research. Legal arrangements regarding foreign nationals to Indonesia without going through immigration official inspection are outlined in Article 8 and Article 9 of Law No. 6 of 2011 concerning Immigration and also in Article 3, Article 20 and Article 21 of Government Regulation Number 31 of 2013 concerning Regulations for the Implementation of Law Number 6 of 2011 concerning Immigration and Minister of Law and Human Rights Regulation of the Republic of Indonesia Number 8 of 2014 concerning Passports Ordinary And Travel Letters Like Passports. Law enforcement against criminal offenses of Foreign Citizens to Indonesia without going through the examination of immigration officials then the perpetrators may be subject to administrative sanctions and criminal sanctions, the perpetrators who enter the territory of Indonesia without going through immigration officials have violated Article 113 of Law No. 6 of 2011 concerning immigration and sentenced to six months imprisonment

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THE STATE'S RESPONSIBILITY IN THE WELFARE OF PEOPLE AND ECONOMIC RECOVERY IN THE FACE OF COVID-19 FROM THE PERSPECTIVE OF LAW AND HUMAN RIGHTS

Nurani Jurnal Kajian Syari ah dan Masyarakat ◽

10.19109/nurani.v21i2.8940 ◽

1970 ◽

Vol 21 (2) ◽

pp. 187-198

Author(s):

Serlika Aprita ◽

Lilies Anisah

Keyword(s):

Human Rights ◽

Best Practices ◽

Government Regulation ◽

Large Scale ◽

Problem Solver ◽

The World ◽

The Face ◽

The Government ◽

Almost All ◽

The Impact

The Covid-19 pandemic was taking place in almost all countries around the world. Along with the increasingly vigorous government strategy in tackling the spread of the corona virus that was still endemic until now, the government had started to enforce the Large-Scale Social Restrictions (PSBB) with the signing of Government Regulation (PP) No. 21 of 2020 about PSBB which was considered able to accelerate countermeasures while preventing the spread of corona that was increasingly widespread in Indonesia. The research method used was normative prescriptive. The government put forward the principle of the state as a problem solver. The government minimized the use of region errors as legitimacy to decentralization. The government should facilitated regional best practices in handling the pandemic. Thus, the pandemic can be handled more effectively. The consideration, the region had special needs which were not always accommodated in national policies. The government policy should be able to encourage the birth of regional innovations in handling the pandemic as a form of fulfilling human rights in the field of health. Innovation was useful in getting around the limitations and differences in the context of each region. In principle, decentralization required positive incentives, not penalties. Therefore, incentive-based central policies were more awaited in handling and minimizing the impact of the pandemic.

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KEDUDUKAN KOMISI PERLINDUNGAN ANAK INDONESIA SEBAGAI STATE AUXILIARY BODIES DALAM SISTEM HUKUM KETATANEGARAAN INDONESIA

Justitia et Pax ◽

10.24002/jep.v32i2.1151 ◽

2017 ◽

Vol 32 (2) ◽

Author(s):

Laurensius Arliman S

Keyword(s):

Human Rights ◽

Child Protection ◽

System State ◽

State Institute ◽

Independent State ◽

State Institutions ◽

Rights Of The Child ◽

State Administration ◽

Presidential Decree ◽

Protection Of Human Rights

ABSTRACTChildren as the nation’s next generation must be respected fulfllment of his rights. We must know that the protection of rights, are part of human rights. Since Indonesia ratifed the Convention on the Rights of the Child (CRC), Indonesia has adopted a child protection in his administration. In 2002 afer Indonesia established the Child Protection Act, it gives birth to the Independent State Institute named Indonesian Child ProtectionCommission (KPAI). KPAI have the same status as other independent state institutions, established through the Act, the Presidential Decree, the Regulation President or the TAP MPR, and can move in the feld of judicial, executive and legislative. KPAI as an auxiliary state institutions in the feld of children’s rights enforcement has been to provide services according to the needs of protection of human rights and amandat in accordance with the Constitution, the Convention on the Rights of the Child (CRC) andthe Law on Child Protection. Eﬀorts could be done by KPAI to realize sustainable child protection are: 1) Control, 2) Prevention, 3) Service and 4) Awareness.Keywords: KPAI; State Auxialiary Bodies; Legal System; State Administration; Indonesia.INTISARIAnak sebagai generasi penerus bangsa harus harus dijunjung tinggi pemenuhan hak nya.Kita harus tahu bahwa perlindungan hak, merupakan bagian dari hak asasi manusia.Sejak Indonesia meratifkasi Kovensi Hak Anak (KHA) maka Indonesia telah mengadopsi perlindungan anak dalam pemerintahannya. Pada tahun 2002 setelah Indonesia membentuk Undang-Undang Perlindungan Anak, maka lahirlah Lembaga Negara Independen yang bernama Komisi Perlindungan Anak Indonesia (KPAI). KPAI memiliki kedudukan yang sama dengan lembaga negara independen lainnya, yang dibentuk melalui Undang-undang, Keputusan Presiden, Peraturan Presiden ataupun berdasarakan Ketetapan Majelis Permusyawaratan Rakyat, dan bisa bergerak di dalam bidang yudikatif, eksekutif, dan legislatif. KPAI sebagai lembaga negara bantu di dalam bidang penegakan hak asasi anak sudah memberikan pelayanan sesuai dengan kebutuhan perlindungan hak asasi manusia dan sesuai dengan amandat Konstitusi, Konvensi Hak Anak (KHA) dan Undang-Undang Perlindungan Anak. Upaya yang bisa dilakukan oleh KPAI untuk mewujudkan perlindungan anak yang berkelanjutan adalah: 1) Pengawasan, 2) Pencegahan, 3) Pelayanan dan 4) Penyadaran.Kata Kunci: KPAI; Lembaga Negara Independen; Sistem Hukum; Ketatanegaraan; Indonesia.

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Distribution of 40K, 232Th and 238U in Soils of Southern and Western Coasts of Viti Levu, Fiji

The South Pacific Journal of Natural and Applied Sciences ◽

10.1071/sp02003 ◽

2002 ◽

Vol 20 (1) ◽

pp. 9 ◽

Cited By ~ 3

Author(s):

Sitaram Garimella ◽

Umawatti Prasad

Keyword(s):

Gamma Ray ◽

Local Population ◽

Gamma Dose ◽

World Average ◽

Gamma Ray Spectrometer ◽

Fiji Islands ◽

The World ◽

The Republic

Abstract A 10 cm (diameter) x 7.5 cm NaI(Tl) gamma-ray spectrometer was used to measure the concentrations of 40K, 232Th and 238U in 50 samples of top soils of the southern and western coasts of Viti Levu, the largest island of the Republic of Fiji Islands. The average activities of 232Th, 238U and 40K in soils of this region were 2.8, 3.6 and 160 Bq kg-1, respectively. The average external gamma-dose, which is likely to be delivered to the local population in this region, is estimated to be 10.3 nGy h-1, well below the world average.

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Carter Versus Reagan: The Human Rights Records of Two Administrations

American Review of Politics ◽

10.15763/issn.2374-7781.1987.8.0.1-16 ◽

1988 ◽

Vol 8 ◽

pp. 1-16

Author(s):

Michael A. Kelley

Keyword(s):

Human Rights ◽

American Foreign Policy ◽

The United States ◽

Public Concern ◽

Power Politics ◽

Class Hierarchy ◽

Founding Fathers ◽

The World ◽

The Republic ◽

The U.S

The emergence of human rights as a public concern during the Carter administration was a recrudescence of the long tradition of moralism in American foreign policy. Confident that the republic is the pinnacle of political, social, and human development, Americans have believed since 1776 that the “United States must be a beacon of human rights to an unregenerate world” (Schlesinger, 1978: 505). Yet, while to the founding fathers America’s avoidance of Europe’s evils of class, hierarchy, and power politics was to be its greatest glory it is quite clear that they intended the U.S. to illuminate the path to a better world by example not by action. John Quincy Adam’s famous July 4 speech explained his perception of America’s mission to the world.

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THE REALIZATION OF LEGISTATIVE MEASURE OF THE RIGHTS OF THE CHILD POST-SECOND AMANDEMENT OF THE CONSTITUTION

Yustisia Jurnal Hukum ◽

10.20961/yustisia.v0i0.18276 ◽

2018 ◽

Vol 7 (1) ◽

pp. 41

Author(s):

M Nur Rasyid

Keyword(s):

Human Rights ◽

Criminal Justice ◽

Child Protection ◽

Justice System ◽

Government Regulation ◽

Second Amendment ◽

Rights Of The Child ◽

Library Research ◽

The Government ◽

Legislative Measures

The government has obligation to protect the rights of the child. In the second amendment of Indonesian Constitution of 1945 in 2000 it was added one chapter, namely Chapter XA on human rights. The rights of the child is incorporated in the Article 28B that stipulated every child entitles to life, growth, develop and to get protection from violence and discrimination.The problem is how the legislative measure of the rights of the child as the implementation of Article 28B. The data were obtained through library research consist of acts related to protection and judiciary of the rights of the child and the related conventions.The result of the research shows that the government has undertaken legislative measures by making act on child protection, Act Number 23 of 2002 on child protection that has been revised as Act Number 35 of 2014, and the second revision by Act Number 17 of 2016 following the Government Regulation substituted Act Number 1 of 2016. Act Number 3 of 1997 has been revised on Child Judiciary become Act Number 11 of 2012 on Child Criminal Justice System. It needs synchronization of various related regulations and capacity building for the institutions of child protection.

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