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TANTANGAN DAN KESEMPATAN PEMENUHAN HAK PENDIDIKAN DASAR DAN MENEGAH DI KAWASAN PERBATASAN NEGARA DI PROVINSI KALIMANTAN BARAT Endah Rantau Itasari
Jurnal Komunikasi Hukum Vol 8 No 1 (2022): Februari
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i1.47951

Abstract

Increasing access to education cannot be separated from the spatial use and utilization plan of the border area itself. Oftentimes, the Regional Spatial Planning (RTRW) which is intended for the opening and construction of schools at the village and sub-district levels becomes an obstacle to the program because it must be reviewed and changed, or simply violated. In fact, almost all of the licensing processes for the establishment of primary and secondary schools for private primary and secondary schools established by non-state entities are very difficult to obtain due to the unclear use and utilization of regional space. The number of permits issued has begun to be targeted by the DPRD for the fulfillment of PAD, so that issues that do not match the existing spatial plan are not taken seriously. In the end, sustainability as a principle and good governance as a practice which are two twin aspects of good spatial planning only exist in the concept because they only serve as tools to legitimize public sector malpractice in the use of space and exploitation of resources, especially in border areas. Permits to use space for the establishment of primary and secondary schools by the private sector should be adjusted to the state's alignment with increasing access to education.
KONDISI FAKTUAL DAN FAKTOR-FAKTOR PENENTU PEMENUHAN PENDIDIKAN DASAR DAN MENENGAH DI KAWASAN PERBATASAN Endah Rantau Itasari
Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i2.47952

Abstract

The factual conditions and determining factors for the fulfillment of the right to primary and secondary education are a re-actualization of state sovereignty. State sovereignty is the result of a reflection, abstraction and contemplation of a country's ability to maintain and maintain its existence in international law and relations. State sovereignty builds arguments about the laws and legal systems that apply in a country, including the fulfillment of the right to education in Indonesia. State sovereignty is a legal prescription to make, implement and enforce the law on people, objects and legal actions in the field of education in accordance with applicable standards and laws. Legal rights and obligations are formed and interact with each other in the legal system of a country so that the factual conditions and determining factors for the right to primary and secondary education in border areas are the sovereignty of the Indonesian state itself in accordance with the international agenda accepted by Indonesia in the field of education. The concept of state sovereignty is one of the most important elements in determining rights and obligations in international law. State sovereignty in international law establishes a standard identity of subjects of international law. State sovereignty is a legal prescription to make, implement and enforce the law on people, objects and legal actions. The prescription creates an agreement between the right holder and the right holder. The truth and fulfillment of the law becomes the standardization of state behavior towards its citizens or individual groups within the country within the framework of the protection, fulfillment and promotion of human rights in its territory or jurisdiction, including the right to basic and secondary education in the border areas of the Indonesian state.
Fulfillment of the Right to Education in Border Areas: A Juridical Review of the Implementation of the Right to Basic Education in Temajuk District, Sambas Regency Itasari, Endah Rantau; Anhari, Radifan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6585

Abstract

This study explores the fulfillment of the right to basic education in Temajuk Subdistrict, a border area in West Kalimantan, Indonesia. Despite strong legal frameworks such as the 1945 Constitution, Law No. 20 of 2003, and international commitments under the ICESCR, the actual implementation faces significant challenges. Using a combined normative and empirical juridical approach, the research analyzes regulations and incorporates interviews with local stakeholders. Findings show limited educational facilities serving approximately 2,687 residents, poor infrastructure, inadequate supporting resources, and difficult access due to challenging geography and transportation. High teacher turnover and a curriculum misaligned with local needs further hinder education quality. Additionally, the lack of specific regional regulations and weak coordination among agencies obstruct effective policy execution. The study highlights the urgent need for targeted government intervention, improved infrastructure, better teacher support, localized curricula, and strengthened inter-agency collaboration. Enhancing government responsiveness and involving local communities are essential to achieving equitable, quality education in Temajuk and fulfilling Indonesia’s constitutional and international educational obligations in border areas.