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All Journal Bina Hukum Lingkungan Supremasi Hukum: Jurnal Penelitian Hukum AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Jurnal Hukum dan Peradilan Jurnal Ilmu Hukum Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara Causa: Jurnal Hukum dan Kewarganegaraan
Arie Elcaputera
Universitas Bengkulu
Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Upaya Pemenuhan Hak Anak Binaan dalam Pengembangan Minat dan Bakat (Soft Skill) di Lembaga Pemasyarakatan Khusus Anak Kelas II Bengkulu Dea Apriliandira; Rachel Syavira Sitohang; Yulistia Purnama Suci; Arie Elcaputera
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 1 (2025): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v4i1.4487

Abstract

In order to improve the skills of children assisted by correctional facilities specifically for Class II Bengkulu children, training is regularly held to equip the children assisted so that after leaving they can be economically independent and have soft skills. Through this, it is hoped that they will not be confused because after leaving prison they already have the skills. The formulation of the problem in this research is 1) How are efforts to fulfill the rights of assisted children in developing interests and talents (soft skills) in special institutions for Class II Bengkulu 2) What are the obstacles in implementing the fulfillment of the rights of assisted children in developing interests and talents (soft skills) at the Bengkulu Class II Special Children's Institution. This research is empirical legal research using primary and secondary data types. The approaches in research are a statutory approach and a conceptual approach. The results of the research show that implementation has been carried out although not completely optimal and the obstacles are a lack of facilities and a lack of partners in fulfilling the rights of fostered children in developing their interests and talents.
Freedom Of Religion And Belief Under Supreme Court Verdict Study Case On Supreme Court Decision Number 17/P/HUM/2021 Zainal Amin Ayub; Ari Wirya Dinata; Nur Sulistyo Budi Ambarini; Pipi Susanti; Arie Elcaputera
Jurnal Hukum dan Peradilan Vol 12 No 1 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.1.2023.1-28

Abstract

Freedom of religion or belief (FoRB) is one of the human rights stated in the 1945 Constitution. Article 29 paragraphs (1) and (2) of the 1945 Constitution. The recognition of religion guarantees the independence of each of its inhabitants to embrace their respective religions and to worship according to their religion or beliefs. The state guarantee on FoRB consists of assurance for the internal and external forums. Freedom to embrace religion or belief is an internal forum for everyone, an absolute right as regulated in ICCPR that Indonesia has also ratified. In fact, this provision is also regulated in Article 28 I paragraph (1) of the 1945 Constitution. The fulfillment of the right to FoRB is frequently discriminated against in Indonesia. The  issue of forcing to wear school uniforms with hijab for non-Muslim female students is still common in many public schools in Indonesia. The State has issued a joint decree (SKB) of 3 ministers to normalize the discriminatory status quo. However, the attempt to return it to its normal position was thwarted by the LKMM, which carried out the SKB test. Unfortunately, the Supreme Court (SC) canceled the SKB because schools have the right to carry out religious education and instilled values. The judges ratio decidendi made by the SC Justices were very dry from the perspective of freedom of religion or belief in canceling the 3 Ministerial Decrees. The judge saw the issue of forcing to wear hijab on non-Muslim students from the perspective of the majority religious thought without noticing that Indonesian society is very diverse. Therefore, the protection of the right to FoRB should also safeguard the religious minorities rights. This paper will examine decision made by judiciary power in term protecting the FoRB right. This verdict will be reviewing toward to justice consideration (ratio decedendi) and legal archicteture in filling the norm FoRB. Moreover, it will also appraise to judicial behavior based on breakfasting theory.
Co-Authors Ari Wirya Dinata Asep Suherman Citrahany, Angelita Dea Apriliandira Dede Frastien Eko, Aguslian Saleh Fitriani, Elia M. Arafat Hermana Mardalena Wulandari Megayanti, Sandra Nur Sulistyo Budi Ambarini Pipi Susanti Puspita, ⁠Septiani Dewi Rachel Syavira Sitohang Sandra Megayanti Subanrio Subanrio Wanda Aprilla Yulistia Purnama Suci Zainal Amin Ayub