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All Journal Edunity: Kajian Ilmu Sosial dan Pendidikan Al-battar: Jurnal Pamungkas Hukum
Popy Rakhmawaty
Universitas Borobudur
Humanities Computer Science & IT Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Legal Uncertainty for Persons with Disabilities as Victims and Witnesses in Criminal Justice in Indonesia Popy Rakhmawaty; Zudan Arief Fakrulloh
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 3 No. 11 (2024): Edunity: Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v3i11.333

Abstract

This study examines the legal uncertainty faced by persons with disabilities as witnesses and victims within Indonesia's criminal justice system. Although there are regulations that acknowledge the rights of persons with disabilities, their implementation often encounters various obstacles, ranging from inadequate accommodations to limited understanding among law enforcement officials. This legal uncertainty adversely impacts access to justice for persons with disabilities, who often feel marginalized within the legal process. Therefore, this research also discusses efforts to fulfill the rights of persons with disabilities as witnesses and victims, including the importance of training for law enforcement personnel, providing appropriate accommodations, and conducting comprehensive personal assessments to meet their specific needs. This study is expected to provide recommendations for policymakers to enhance legal protection and ensure accessibility for persons with disabilities within the criminal justice system.
Constitutional Challenges in Formulating the National Education System Bill from the Perspective of Citizens’ Constitutional Right to Education Popy Rakhmawaty; Azis Budianto
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.453

Abstract

Article 31 of the Republic of Indonesia's 1945 Constitution clearly guarantees the right to education. All citizens must get high-quality, just, and equal education from the state. In this regard, the National Education System Bill (RUU Sisdiknas) is being drafted as a calculated move to update the country's educational legislation, which has been regulated in various sectoral laws. This study aims to analyze the conformity of the formulation of the RUU Sisdiknas with the principle of citizens' constitutional rights to education, as well as to identify legal problems that arise in the process and substance of its formulation. With a statutory, conceptual, and comparative perspective, this study employs a normative juridical method. The analysis's findings show that while the RUU Sisdiknas makes an effort to incorporate different educational laws, there are a number of clauses that could jeopardize the right to education, especially when it comes to the removal of particular clauses pertaining to the teaching profession and basic education funding. In addition, the less participatory formulation process raises questions about the public legitimacy of the draft. Therefore, harmonization of norms is necessary to ensure that the National Education System Bill truly aligns with the constitutional mandate, human rights principles, and the state's goal of improving the nation's life.
Co-Authors Azis Budianto Zudan Arief Fakrulloh