Penegakan Hukum Yang Ditunjukan Untuk Anak Disabilitas Yang Ditelantarkan

Muhammad Aryaduta Panatayudha (Universitas Negeri Semarang)

Madani: Multidisciplinary Scientific Journal
Vol 1, No 8 (2023): September

Children are a form of gift and trust from God. Every child, without exception, has value and dignity as a human being. Including children with disabilities, who are also obliged to receive protection from family, parents, law and government, just like other children. Children with disabilities sometimes do not feel fully accepted in their environment, especially their parents, and some families feel that children with special needs are a disgrace. This research was conducted using normative legal methods. To collect data, the author applied several approaches, including the case approach, statutory approach, and comparative approach. Sources of research data come from literature, including books, journals, articles, legal studies, and regulations relevant to the research topic. Regulations regarding the rights of persons with disabilities have an impact on other regulations that exist under them. Based on Law no. 39 of 1990 concerning Human Rights, Article 5 (3) confirms that every individual from a group considered vulnerable has the right to special protection and to be treated equally before the law. Constitution no. 8 of 2011 concerning Disabilities sets out the rights that persons with disabilities should receive to ensure their equal rights. In the regulations, the term "child" means someone who has not reached the age of 18 years and includes those who are still in their mother's womb. Meanwhile, the word "disability" comes from English, namely the word "disability" which means "disability" or "inability". Disabilities have several types of variants, namely physical, mental, intellectual and on the autism spectrum and body sensory. Special protection for children in Article 59A states what is included in special protection, namely providing effective care, providing psychosocial support, providing social support and providing protection and support during the judicial process. Children's rights are also for children with disabilities, there are several main principles including the principle of equality without discrimination, the principle of prioritizing children's welfare, the principle of ensuring the survival and growth of children, the principle of respecting children's opinions and dignity.