Pub Date : 2021-11-30DOI: 10.15294/jils.v6i2.49935
Ayon Diniyanto
The Aboge Islamic Community in Onje Village is part of a community whose existence must be protected. Without protection, the Aboge Islamic Community in Onje Village has the potential to lose its existence. This study found three hypotheses of problems faced by the Aboge Islamic Community in Onje Village. The three problems include conditional problems, empirical conditions, and sociological conditions. The formulation of the research problem is how to protect the Aboge Islamic Community in Onje Village? and is there a need to protect the Aboge Islamic Community in Onje Village? The research method used in this research is to use a qualitative research approach. This type of research is juridical and sociological. This study succeeded in finding data related to efforts to protect the Aboge Islamic Community in Onje Village. The protection efforts are carried out from within and from outside. Then the researchers also found data related to whether or not a protection policy was needed for the Aboge Islamic Community in Onje Village. The researcher analyzed that the data in the field was found to be necessary and unnecessary. Then the researcher stated that there needs to be a legal policy to protect the existence of the Aboge Islamic Community in Onje Village. The conclusions in this study are to answer two problem formulations
{"title":"Legal Protection Policy for Minority Groups (Evidence from Aboge Group in Purbalingga Indonesia)","authors":"Ayon Diniyanto","doi":"10.15294/jils.v6i2.49935","DOIUrl":"https://doi.org/10.15294/jils.v6i2.49935","url":null,"abstract":"The Aboge Islamic Community in Onje Village is part of a community whose existence must be protected. Without protection, the Aboge Islamic Community in Onje Village has the potential to lose its existence. This study found three hypotheses of problems faced by the Aboge Islamic Community in Onje Village. The three problems include conditional problems, empirical conditions, and sociological conditions. The formulation of the research problem is how to protect the Aboge Islamic Community in Onje Village? and is there a need to protect the Aboge Islamic Community in Onje Village? The research method used in this research is to use a qualitative research approach. This type of research is juridical and sociological. This study succeeded in finding data related to efforts to protect the Aboge Islamic Community in Onje Village. The protection efforts are carried out from within and from outside. Then the researchers also found data related to whether or not a protection policy was needed for the Aboge Islamic Community in Onje Village. The researcher analyzed that the data in the field was found to be necessary and unnecessary. Then the researcher stated that there needs to be a legal policy to protect the existence of the Aboge Islamic Community in Onje Village. The conclusions in this study are to answer two problem formulations","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90683298","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-30DOI: 10.15294/jils.v6i2.50499
Mohammed Tahmidul Islam, M. Mia, Mazharul Islam
This article aims to examine the legal position of Biharis in Bangladesh and their status in international law. It also reiterates the position of the international community, repatriation rights and judicial decisions on Bihari issues. Despite giving the citizenship rights to the Biharies in Bangladesh many of them did not renounce their Pakistani citizenship and actively refused to integrate with majority Bengalis. Therefore, the Bihari people’s right to get into Pakistan, their homeland, is an internationally recognized right having the force of customary international law. The article is based on secondary data materials. The key sources of this article include textbooks, journal articles, daily newspapers and online documents. The study has also relied on international instruments and decided cases of Apex Court of Bangladesh and Pakistan. The article found that Pakistan has violated and continues to violate the Biharis international right to get into their state of nationality by refusing repatriation. Besides, the new generations of stranded Biharis have mostly rejected their forefather’s stances and ideologies. Hence, the government should give them full opportunity to educate themselves to become productive citizens of Bangladesh.
{"title":"The Right to Nationality and Repatriation under International Law: A Study on Biharis in Bangladesh","authors":"Mohammed Tahmidul Islam, M. Mia, Mazharul Islam","doi":"10.15294/jils.v6i2.50499","DOIUrl":"https://doi.org/10.15294/jils.v6i2.50499","url":null,"abstract":"This article aims to examine the legal position of Biharis in Bangladesh and their status in international law. It also reiterates the position of the international community, repatriation rights and judicial decisions on Bihari issues. Despite giving the citizenship rights to the Biharies in Bangladesh many of them did not renounce their Pakistani citizenship and actively refused to integrate with majority Bengalis. Therefore, the Bihari people’s right to get into Pakistan, their homeland, is an internationally recognized right having the force of customary international law. The article is based on secondary data materials. The key sources of this article include textbooks, journal articles, daily newspapers and online documents. The study has also relied on international instruments and decided cases of Apex Court of Bangladesh and Pakistan. The article found that Pakistan has violated and continues to violate the Biharis international right to get into their state of nationality by refusing repatriation. Besides, the new generations of stranded Biharis have mostly rejected their forefather’s stances and ideologies. Hence, the government should give them full opportunity to educate themselves to become productive citizens of Bangladesh.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74676543","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-30DOI: 10.15294/jils.v6i2.48044
N. Adnyani, Gede Marhaendra Wija Atmaja, I. K. Sudantra
This article is an interpretation of Article 18B paragraph (2) of the Indonesian constitution: four requirements for recognition of traditional societies. Using sustainable tourism development as a case study, explores the important contribution of genealogical territorial participation and the limits of recognition of the role of the State in providing legal protection and traditional societies as the main coders of legal pluralism. This exploration reveals four different conditions: conditions for survival, dynamic conditions, conditions in accordance with the principle of integration, and regulated by law. The fact that these conditions are so intricately interwoven poses unique challenges for academics and legal practitioners, but also provides a potential blueprint for constitutions and state revenues.
{"title":"Four Conditions for Recognition of Traditional Society in the Constitution and State Revenue Income","authors":"N. Adnyani, Gede Marhaendra Wija Atmaja, I. K. Sudantra","doi":"10.15294/jils.v6i2.48044","DOIUrl":"https://doi.org/10.15294/jils.v6i2.48044","url":null,"abstract":"This article is an interpretation of Article 18B paragraph (2) of the Indonesian constitution: four requirements for recognition of traditional societies. Using sustainable tourism development as a case study, explores the important contribution of genealogical territorial participation and the limits of recognition of the role of the State in providing legal protection and traditional societies as the main coders of legal pluralism. This exploration reveals four different conditions: conditions for survival, dynamic conditions, conditions in accordance with the principle of integration, and regulated by law. The fact that these conditions are so intricately interwoven poses unique challenges for academics and legal practitioners, but also provides a potential blueprint for constitutions and state revenues.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73891667","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-30DOI: 10.15294/jils.v6i2.50555
Ade Adhari, A. Widyawati, I. W. Windia, Rugun Romaida Hutabarat, Neysa Tania
In the context of criminal law, recognition of customary law begins with a very fundamental principle, namely the principle of legality – a legal basis for declaring an act as a criminal act. This paper examines the implementation of customary law regarding the violation of Penglipuran customary, in accordance with the customary delict from the perspective of the principle of legality and the future policy formulation of the principle of legality that accommodates the existence of customary law. To answer these problems, socio-legal research methods are used, data in the form of legal documents and results of in-depth interviews, various approaches (legal, theoretical, and historical approaches) and then analyzed through deductive-inductive methods. The results show that the Criminal Code adheres to the principle of formal legality, consequently, the written law is the only source to declare an act as an offense. Whereas in the Penglipuran community, it is known that customary delict is regulated not only in awig-awigbut also unwritten ones such as pararem penyahcah awig and perarem ngele. The existence of indigenous peoples is not only found textually but also commonly, carrying out their lives based on customary law which contains applicable values, principles, and norms. Therefore, it is necessary to formulate the principle of legality that accommodates the existence of customary law as a source of criminalizing acts. This is intended to realize a criminal law that accommodates the rights of indigenous peoples to “their own institutions, laws, and customs".
{"title":"Customary Delict of Penglipuran Bali in the Perspective of the Principle of Legality: A Dilemma and Arrangements for the Future","authors":"Ade Adhari, A. Widyawati, I. W. Windia, Rugun Romaida Hutabarat, Neysa Tania","doi":"10.15294/jils.v6i2.50555","DOIUrl":"https://doi.org/10.15294/jils.v6i2.50555","url":null,"abstract":"In the context of criminal law, recognition of customary law begins with a very fundamental principle, namely the principle of legality – a legal basis for declaring an act as a criminal act. This paper examines the implementation of customary law regarding the violation of Penglipuran customary, in accordance with the customary delict from the perspective of the principle of legality and the future policy formulation of the principle of legality that accommodates the existence of customary law. To answer these problems, socio-legal research methods are used, data in the form of legal documents and results of in-depth interviews, various approaches (legal, theoretical, and historical approaches) and then analyzed through deductive-inductive methods. The results show that the Criminal Code adheres to the principle of formal legality, consequently, the written law is the only source to declare an act as an offense. Whereas in the Penglipuran community, it is known that customary delict is regulated not only in awig-awigbut also unwritten ones such as pararem penyahcah awig and perarem ngele. The existence of indigenous peoples is not only found textually but also commonly, carrying out their lives based on customary law which contains applicable values, principles, and norms. Therefore, it is necessary to formulate the principle of legality that accommodates the existence of customary law as a source of criminalizing acts. This is intended to realize a criminal law that accommodates the rights of indigenous peoples to “their own institutions, laws, and customs\".","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78429183","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-30DOI: 10.15294/jils.v6i2.36097
Enggal Prayoga Wijaya
Understanding Victim (victim) and logi (science), Latin "victima" victims of "logos" science. Means knowledge about victims of crime. In a criminal trial the parties that play a role are the public prosecutor, judge, defendant, and legal counsel and witnesses. The victim was represented by the public prosecutor and to corroborate the usual evidence he was made a witness (victim). Often the public prosecutor acts at will by not representing the interests of the victim and ignoring the victim's protection rights. The victim was ignored because: The problem of crime cannot be understood in proportion The problem is not based on the prevailing theory Understanding the problem is not seen from the human side
{"title":"Knowing Victims to Protect Them, A Book Review “Viktimologi: Perlindungan Korban dan Saksi” Bambang Waluyo, S.H., M.H., Sinar Grafika Jakarta, 2011, 320 pages, ISBN 978979074378","authors":"Enggal Prayoga Wijaya","doi":"10.15294/jils.v6i2.36097","DOIUrl":"https://doi.org/10.15294/jils.v6i2.36097","url":null,"abstract":"Understanding Victim (victim) and logi (science), Latin \"victima\" victims of \"logos\" science. Means knowledge about victims of crime. In a criminal trial the parties that play a role are the public prosecutor, judge, defendant, and legal counsel and witnesses. The victim was represented by the public prosecutor and to corroborate the usual evidence he was made a witness (victim). Often the public prosecutor acts at will by not representing the interests of the victim and ignoring the victim's protection rights. The victim was ignored because: The problem of crime cannot be understood in proportion The problem is not based on the prevailing theory Understanding the problem is not seen from the human side","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82687488","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-30DOI: 10.15294/jils.v6i2.48346
A. Widyawati, Pujiyono Pujiyono, Nur Rochaeti
The closeness of women to poverty shows that development still maintains women's subordination and places women in a marginal position. What is the analysis of the Feminist Legal Theorist (FLT) in the elimination of sexual violence? Feminist Legal Theory (FLT) as one of the streams in Philosophy of Law is one of the schools of thought that was born from the main philosophy of the paradigm of Critical Theory Feminist Legal Theory (FLT) as one of the streams in the paradigm of critical theory. It is used to analyze the complexity of the needs of victims, both women, girls, boys, and girls. The Bill on the Elimination of Sexual Violence uses the Feminist Legal Theory (FLT) as an analysis so that in every norm that is formulated this bill always considers what specific experiences of women, especially victims of sexual violence. Legal protection against the elimination of sexual violence is a form of implementation of the second principle of Pancasila, namely a just and civilized humanity.
{"title":"Elimination of Sexual Violence in Feminist Legal Theory","authors":"A. Widyawati, Pujiyono Pujiyono, Nur Rochaeti","doi":"10.15294/jils.v6i2.48346","DOIUrl":"https://doi.org/10.15294/jils.v6i2.48346","url":null,"abstract":"The closeness of women to poverty shows that development still maintains women's subordination and places women in a marginal position. What is the analysis of the Feminist Legal Theorist (FLT) in the elimination of sexual violence? Feminist Legal Theory (FLT) as one of the streams in Philosophy of Law is one of the schools of thought that was born from the main philosophy of the paradigm of Critical Theory Feminist Legal Theory (FLT) as one of the streams in the paradigm of critical theory. It is used to analyze the complexity of the needs of victims, both women, girls, boys, and girls. The Bill on the Elimination of Sexual Violence uses the Feminist Legal Theory (FLT) as an analysis so that in every norm that is formulated this bill always considers what specific experiences of women, especially victims of sexual violence. Legal protection against the elimination of sexual violence is a form of implementation of the second principle of Pancasila, namely a just and civilized humanity.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81185147","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-30DOI: 10.15294/jils.v6i2.47795
Martitah Martitah, Saru Arifin, S. Sumarto, W. Widiyanto
Indonesia passed an e-government law in 2018, ushering the country's society into the information age across a range of sectors, including social, economic, communication, transportation, literacy, and public services. This transformation has benefited enormously from the facilitation of information technology in terms of productivity, comfort, compassion, and time elapsed. Local governments in Indonesia, on the other hand, are slowing the adoption of e-government, which has progressed to the second stage of implementation, which is the introduction or integration of cross-sectoral systems. This article claims that local governments face challenges in this second stage as a result of departmental egos that make it difficult to unite around shared objectives. The whole government approach is suggested in this paper as a concrete policy strategy for eradicating sectoral egos within local government departments. It places a premium on collaboration in order to accomplish the government's vision and objectives.
{"title":"Confronting E-Government Adoption in Indonesian Local Government","authors":"Martitah Martitah, Saru Arifin, S. Sumarto, W. Widiyanto","doi":"10.15294/jils.v6i2.47795","DOIUrl":"https://doi.org/10.15294/jils.v6i2.47795","url":null,"abstract":"Indonesia passed an e-government law in 2018, ushering the country's society into the information age across a range of sectors, including social, economic, communication, transportation, literacy, and public services. This transformation has benefited enormously from the facilitation of information technology in terms of productivity, comfort, compassion, and time elapsed. Local governments in Indonesia, on the other hand, are slowing the adoption of e-government, which has progressed to the second stage of implementation, which is the introduction or integration of cross-sectoral systems. This article claims that local governments face challenges in this second stage as a result of departmental egos that make it difficult to unite around shared objectives. The whole government approach is suggested in this paper as a concrete policy strategy for eradicating sectoral egos within local government departments. It places a premium on collaboration in order to accomplish the government's vision and objectives. \u0000 ","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82978411","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-30DOI: 10.15294/jils.v6i2.49667
Mellisa Towadi, Julius T. Mandjo
This article is based on the concept of a maritime axis based on several issue points in the Tomini Gulf area, researched to map issues based on a review of International Law. The article focuses on the existing conditions of the tomini bay area in its management and protection but at the level of the maritime sector that is related to the issue of security defense of the gulf tomini waters. Based on normative juridical methods, the article explains that the gulf of tomini which is semi-enclosed water, still requires significant support from the executive elements, especially in terms of regional cooperation and international cooperation in the fields of economy, defence and security. This is concerned with the territorial and EEZ regions that simultaneously border the Pacific Ocean and the development of the Gulf of Tomini from the aspect of prosperity and security. Moreover, the state does not have to refer to only one international intrusion. However, maritime synergy is needed in all aspects of the tomini bay waters, be it from environmental, utilization and socio-cultural economy. Some specifically regulated international conventions need a more profound review to implement a targeted management system and definite legal protection at the regional level.
{"title":"Tomini Gulf Maritime Axis in International Law Review","authors":"Mellisa Towadi, Julius T. Mandjo","doi":"10.15294/jils.v6i2.49667","DOIUrl":"https://doi.org/10.15294/jils.v6i2.49667","url":null,"abstract":"This article is based on the concept of a maritime axis based on several issue points in the Tomini Gulf area, researched to map issues based on a review of International Law. The article focuses on the existing conditions of the tomini bay area in its management and protection but at the level of the maritime sector that is related to the issue of security defense of the gulf tomini waters. Based on normative juridical methods, the article explains that the gulf of tomini which is semi-enclosed water, still requires significant support from the executive elements, especially in terms of regional cooperation and international cooperation in the fields of economy, defence and security. This is concerned with the territorial and EEZ regions that simultaneously border the Pacific Ocean and the development of the Gulf of Tomini from the aspect of prosperity and security. Moreover, the state does not have to refer to only one international intrusion. However, maritime synergy is needed in all aspects of the tomini bay waters, be it from environmental, utilization and socio-cultural economy. Some specifically regulated international conventions need a more profound review to implement a targeted management system and definite legal protection at the regional level.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88132058","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-31DOI: 10.15294/jils.v6i1.34793
Arrum Widowati
The author begins their writing by describing the article on Prevention of Criminal Trafficking in Persons (TPPO) which is a joint obligation between the Government, Regional Government, the community, and the family. That is the mandate in Article 57 paragraph (1) of the Act of the Republic of Indonesia Number 21 of 2007, concerning Eradication of Criminal Acts of Trafficking in Persons (UUPTPPO). This book consists of 3 parts, namely: Understanding the Criminal Acts of Trafficking in Persons, Prevention of Trafficking in Persons Act Version of Law Number 21 of 2007, Prevention of Community-Based Trafficking in Persons.
{"title":"Preventing Human Trafficking: Between Facts and Problems, A Book Review “Pencegahan Tindak Pidana Perdagangan Orang” by Libby SinlaEloE & Paul SinlaEloE, Libby SinlaEloE and Paul SinlaEloE, Rumah Perempuan, 2017, 50 pages, ISBN 978-602-50912-1-6","authors":"Arrum Widowati","doi":"10.15294/jils.v6i1.34793","DOIUrl":"https://doi.org/10.15294/jils.v6i1.34793","url":null,"abstract":"The author begins their writing by describing the article on Prevention of Criminal Trafficking in Persons (TPPO) which is a joint obligation between the Government, Regional Government, the community, and the family. That is the mandate in Article 57 paragraph (1) of the Act of the Republic of Indonesia Number 21 of 2007, concerning Eradication of Criminal Acts of Trafficking in Persons (UUPTPPO). \u0000This book consists of 3 parts, namely: Understanding the Criminal Acts of Trafficking in Persons, Prevention of Trafficking in Persons Act Version of Law Number 21 of 2007, Prevention of Community-Based Trafficking in Persons.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88318631","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Basically, every country is obliged to ensure quality education without discrimination against every citizen, including Indonesia. Recognition of the right to education is so important that it becomes one of the goals of the state as stated in the Preamble of the 1945 Constitution, namely to educate the nation's life. However, since the COVID-19 pandemic hit the world, the education sector has also been affected. People have no choice, but to implement the Covid-19 prevention habits and protocols. In the case of Indonesia, the government has closed the schools and universities since mid-March 2020 and switched to the online learning system. In this article, the author will explain the Indonesia’s legal policy in fulfilling the community’s right to education during pandemic, at the same time analyzing how government responds to the public demands. This normative legal research is conducted using a conceptual and statutory approach, which will then be analyzed descriptive-qualitatively. The result shows that educational policies during COVID-19 pandemic can be divided into two phases: early pandemic and new normal transition. In the first phase, the government focused on protecting the health and safety to all communities in the education institution areas by implementing certain protocols, closing the schools and switching to distance/online learning. Although public health and safety are top priorities, the policies resulted in disparities among students. While in the new normal transition phase, The government tends to respond to public demands on education problems by loosening its policies a little through schools disclosure and providing the internet support in online learning
{"title":"Indonesia's Legal Policy During COVID-19 Pandemic: Between the Right to Education and Public Health","authors":"Rizki Ramadani, Yuli Adha Hamzah, Arianty Anggraeni Mangerengi","doi":"10.15294/jils.v6i1.43555","DOIUrl":"https://doi.org/10.15294/jils.v6i1.43555","url":null,"abstract":"Basically, every country is obliged to ensure quality education without discrimination against every citizen, including Indonesia. Recognition of the right to education is so important that it becomes one of the goals of the state as stated in the Preamble of the 1945 Constitution, namely to educate the nation's life. However, since the COVID-19 pandemic hit the world, the education sector has also been affected. People have no choice, but to implement the Covid-19 prevention habits and protocols. In the case of Indonesia, the government has closed the schools and universities since mid-March 2020 and switched to the online learning system. In this article, the author will explain the Indonesia’s legal policy in fulfilling the community’s right to education during pandemic, at the same time analyzing how government responds to the public demands. This normative legal research is conducted using a conceptual and statutory approach, which will then be analyzed descriptive-qualitatively. The result shows that educational policies during COVID-19 pandemic can be divided into two phases: early pandemic and new normal transition. In the first phase, the government focused on protecting the health and safety to all communities in the education institution areas by implementing certain protocols, closing the schools and switching to distance/online learning. Although public health and safety are top priorities, the policies resulted in disparities among students. While in the new normal transition phase, The government tends to respond to public demands on education problems by loosening its policies a little through schools disclosure and providing the internet support in online learning \u0000 ","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83743541","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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