Pradhan, David
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Digitized Education Delivery in Indonesia: Constitutional Right or Vacuous Sophistry? Budhiartie, Arrie; Pradhan, David; Hasnda, Nuchraha Alhuda; Iswandi, Iswandi
Jambe Law Journal Vol. 8 No. 1 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v8i1.401

Abstract

Education is a recognized Constitutional Right in Indonesia. In recent times, digitization of education has emerged as a transformative force, revolutionizing the way knowledge is disseminated and acquired. However, implementing universal digitization of education in Indonesia requires a multifaceted approach, centred on a legal rights regime, founded on Constitutional equality of access and mediated through technological intervention. This legal article, based on secondary sources, elaborates on the prerequisites of Constitutional Rights and Constitutionalism from a legal rights-based perspective for successful digitization, highlighting the importance of infrastructure, inclusivity, and pedagogic considerations in the digitization of Education. Acknowledging the imperative of digitization of education in Indonesia, it identifies the legal gaps in the regulation of technology-mediated education, addresses issues of legality and equity in implementing online education, and suggests legal measures for ensuring standards and acceptance of online education in Indonesia. The article posits that digital online education needs to be legally regulated to ensure standards of education and equity of access in consonance with Indonesian Constitutional principles and legal recognition of Education as an inalienable Constitutional Right.
CRITIQUING DELEGATED LEGISLATION ON PREVENTING SEXUAL HARASSMENT OF WOMEN IN INDIAN HIGHER EDUCATION INSTITUTIONS Budhiartie, Arrie; Pradhan, David; Devi, Arti
Diponegoro Law Review Vol 9, No 1 (2024): Diponegoro Law Review April 2024
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.9.1.2024.136-152

Abstract

Sexual harassment of women in the workplace is a serious issue in India, affecting all social and professional sectors, including elite higher education institutions. This problem violates women's fundamental rights to equality and livelihood, breaches professional ethics, and hampers the productivity and potential of many academics. Although the Indian Parliament enacted a comprehensive law in 2013 to address sexual harassment at workplaces, the implementation, especially in educational institutions, is flawed due to bureaucratic inefficiencies. There is a lack of unbiased analysis on how delegated regulations by administrative authorities undermine the law's intent. This research article conducts a legal analysis of the law's implementation in higher educational institutions, using doctrinal research methodology. It identifies subjective and ultra vires provisions introduced by ideologically driven bureaucrats that compromise the law's validity and effectiveness. The study highlights deviations in delegated legislation from the original law and suggests corrective measures to address significant flaws in the regulations framed by the University Grants Commission.