Perlindungan Hukum Terhadap Pekerja Anak, Kajian Ketentuan United Nations Convention On The Right Of The Child

Tahamata, Lucia Charlotta Octovina

doi:10.47268/sasi.v24i1.117

Cited by 5 publications

(3 citation statements)

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“…However, de facto, the state has failed to effectively implement the contents and provisions of these ratified laws. This discrepancy is evident through numerous examples of ongoing violations of children's rights, such as the employment of children, despite strong opposition to such practices under international conventions (Tahamata, 2018) This discrepancy highlights a significant gap between the legal obligations of the state and its actual implementation and enforcement. Despite the legal framework being in place to protect minors from engaging in labor, the level of state responsibility in ensuring the protection of children's rights, particularly in preventing child labor, remains relatively low.…”

Section: Legal Framework Of Child Labor Protection In Indonesia After...mentioning

confidence: 99%

The Impact of ILO Convention No. 182 (1999) on Safeguarding Against Child Labor in Indonesia

Naufal Bahy,

Prabandari,

Wibawa

2024

IJMRA

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Child labor poses a serious challenge to Indonesia's commitment to children's rights and workplace protection. ILO Convention No. 182 has become a crucial global guideline in combating this issue. Using doctrinal legal research with an analytical descriptive component and includes the comparative approach, the statute approach, and the historical approach. Using secondary data, which included primary, secondary, and tertiary legal material and with library research and examined resources relating to the topics under investigation with qualitative analysis. Before ratification, weak enforcement and inadequate regulations left child workers vulnerable to health risks and exploitation. The ratification marked a pivotal moment, aligning Indonesia's laws with international standards to better safeguard children from exploitative labor practices, emphasizing the urgent need for stronger protections and enforcement measures.

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Section: Legal Framework Of Child Labor Protection In Indonesia After...mentioning

confidence: 99%

The Impact of ILO Convention No. 182 (1999) on Safeguarding Against Child Labor in Indonesia

Naufal Bahy,

Prabandari,

Wibawa

2024

IJMRA

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“…Children as vulnerable groups have special rights due to their limitations, so they need protection." (Tahamata, 2018). Islands has not been successful because approaches taken there were not implemented as what was expected, and also the obligations were not completely fulfilled as it was supposed to be (Lestari, & Fachri, 2017).…”

Section: According To Lucia Charlotta Octovinamentioning

confidence: 99%

The Implementation of General Principles of Convention on The Rights of The Child During Covid-19 Pandemic in The City of Serang

Ridwan

Jaya

Imani

2022

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Convention on The Rights of The Child is the most comprehensive international legal instrument of human rights to promote and protect rights of children. In the late 2019, Coronavirus Disease 19 outbreak started. This pandemic then has led to socio-economic impact as a result of preventive and controlling actions. This pandemic has also affected the fulfillment of child’s rights including the rights of children in The City of Serang. This research was aimed at investigating the implementation of general principle of Convention on The Rights of The Child during Covid-19 pandemic in the city of Serang. This study applied normative research method, which is a research discussing legal aspects by studying literature sources on the applied regulations. The result of the study shows that the implementation of general principle of Convention on The Rights of The Child, consisting of the principle of non-discrimination, the best interest of the child, the right to life, survival and development, and the right to be heard, went well along with the establishment of Child Social Welfare Institute to serve children with special needs (LKSA), Integrated Service Centre for the Empowerment of Women and Children (P2TP2A) to receive complaints on the violation of children’s rights, Serang’s Children Forum as a media where children of Serang can participate. The implementation of the right to survival was not as good because Working group (Pokja) for adverse effect following immunization (KIPI) special for children has not effectively implemented.

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“…However, in Indonesia, the reverse proof for child labour has not been applied but can only be applied to Limited Liability Company Law, namely to members of the board of directors and commissioners who make mistakes or omissions, in Environmental Law, namely to those responsible for business and/or activities that damage the environment, in the National Consumer Air Transport law, namely to producers who harm consumers and in the case of corruption. Tahamata (2018) in her study that examined legal protection against child labour, showed a result study that the state should be responsible for child labour under the Convention on the Rights of the Child 1989, but the binding force of the rule has not been implemented by the state in accordance with the existing material and conditions. The evidence can be seen from various cases of child rights violations that still occur, such as children who are still employed.…”

Section: Introductionmentioning

confidence: 99%

Application of Burden of Proof to Child Labour as Protection of Children's Rights

Fauzi

F²

2023

Jurnal Hukum Prasada

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Child labour should be given legal protection, one form of protection for child labour is to impose a Burden of Proof (Burden of Proof) for child labour in accordance with the provisions of the ILO Convention (International Labor Organization) No. 138 of 1973 on the minimum age to be allowed to work and the ILO (International Labour Organization) Convention No. 183 then 1999 on the abolition of the worst forms of work for. This research aims to examine the philosophical foundation of the burden of proof in the Indonesian legal system and to examine the burden of proof implementation for child labour in Indonesia. This research is legal research using a normative juridical approach, the data used are primary data and secondary data analyzed using quantitative analysis. The results of the study are the first philosophical application of the principle of reverse burden of proof that has been regulated in various legal rules in Indonesia, including Law No. 8 of 1999 on Consumer Protection, Law No. 40 of 2007 concerning limited Company legal No. 32 of 2009 on the protection and management of the environment and the provisions of the crime of corruption relating to the freezing, expropriation and confiscation of the perpetrators of the crime of corruption in accordance. Both countries have ratified ILO Convention No. 138 of 1973 on the Minimum age to be allowed to work and ILO Convention No. 182 of 1999 on the Prohibition and immediate action on the elimination of the worst forms of Child Labour which affirms the existence of a reverse proof for child labour.

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Perlindungan Hukum Terhadap Pekerja Anak, Kajian Ketentuan United Nations Convention On The Right Of The Child

Cited by 5 publications

References 0 publications

The Impact of ILO Convention No. 182 (1999) on Safeguarding Against Child Labor in Indonesia

The Impact of ILO Convention No. 182 (1999) on Safeguarding Against Child Labor in Indonesia

The Implementation of General Principles of Convention on The Rights of The Child During Covid-19 Pandemic in The City of Serang

Application of Burden of Proof to Child Labour as Protection of Children's Rights

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