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All Journal Journal of SouthEast Asian Human Rights Jurnal Ilmiah Kebijakan Hukum Jurnal HAM Yuridika

Zendy Wulan Ayu Widhi Prameswari

Fakultas Hukum Universitas Airlangga

Author-ID : 2539583

Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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RATIFIKASI KONVENSI TENTANG HAK-HAK ANAK DALAM SISTEM PERATURAN PERUNDANG-UNDANGAN DI INDONESIA Zendy Wulan Ayu Widhi Prameswari
Yuridika Vol. 32 No. 1 (2017): Volume 32 No 1 January 2017
Publisher : Universitas Airlangga

The Convention on the Rights of the Child (CRC) is the most comprehensive human rights treaty and legal instrument for the promotion and protection of children’s rights. Unfortunately, while the other international human rights instruments ratified by Indonesia through an Act; CRC is the only international human rights instrument which ratified by Indonesia through a Presidential Decree. The CRC ratified by Indonesia through Presidential Decree Number 36 Year 1990. The use of a Presidential Decree as the instrument to ratify the CRC has delivered some critiques. This research examines the powers of the president on the formulation of the presidential decree on the ratification of the international legal instrument. In the second case, it analyses the position of the Presidential Decree Number 36 Year 1990 in the systems of laws and regulations in Indonesia. The findings of this study indicate that Indonesia has to consider the possibility of strengthening the instrument of ratification of the CRC from a Presidential Decree to an Act since in terms of its legal position, a Presidential Decree is not an appropriate instrument as the instrument of ratification of a treaty which subject matter involves human rights.

Prohibition of Child pornography: Enhancing Child Protection in Indonesia Zendy Wulan Ayu Widhi Prameswari
Yuridika Vol. 35 No. 3 (2020): Volume 35 No 3 September 2020
Publisher : Universitas Airlangga

As many other countries in the world, Indonesia has serious problems with child pornography. The problems linked with the child pornography exist in Indonesia, involving both male and female children. In 2008, Law Number 44/2008 on Pornography was enacted. With regard to the widespread distribution and accessibility of child pornography through the Internet, Indonesia also has Law Number 11/2008 and its revision on Electronic Information and Transaction. At the international level, Indonesia has ratified the Convention on the Rights of the Child (CRC). Furthermore, in 2012, Indonesia ratified the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (OPSC). However, based on data from the Indonesian Child Protection Commission (Komisi Perlindungan Anak Indonesia/KPAI) from 2011 to 2016 there were 1709 cases of child pornography and cybercrime. The cases of child pornography are still increasing and seems impossible to stop. This paper will scrutinize how the existing Indonesian law concerning prohibition of child pornography protects the children. It will also examine whether the law are in compliance with the OPSC. This paper is a doctrinal research using statute, conceptual and comparative approaches. The existing Indonesian law will be compared with the OPSC. The study will show some of the compatibility issues of Indonesian respective national law with the OPSC. On the basis of the findings, the last part of the study will provide recommendations on how Indonesia shall enhance the fight against child pornography.

Co-Authors Disca Betty Viviansari Erni Agustin

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