The Effectiveness of Law No 35 of 2014 Concerning Child Protection in Protecting Children’s Rights in the Educational Environment Using Analysis of Siyasah Dusturiyah (Case Study of Karo District)

  • Aldi Robby Surbakti Universitas Islam Negeri Sumatera Utara, Medan, Indonesia
  • Maulidya Mora Matondang Universitas Islam Negeri Sumatera Utara, Medan, Indonesia

Abstract

The current era of modernization makes children the nation’s successors who are required to become the next generation that can make Indonesia progress. One proof is that children are prepared to grow up to become the nation’s successors by providing protection from the government in protecting children’s rights and obligations as regulated in Law Number 35 of 2014. Ironically, the facts that occur in the field are not as expected by the community, as in many cases. Bullying that occurred in Karo Regency where the victim and perpetrator were still at school and even occurred in an environment where they were studying. This research uses a normative juridical approach and took place in Karo Regency using existing data from the Kabanjahe District Court and also from the Kabanjahe Religious Court. The results of this research explain that crimes against children where both the victim and perpetrator are minors in Karo Regency have occurred very frequently. In the school environment, there are also criminal acts of bullying, extortion, and assault. In this case, it could be said that the teacher can only advise students and not dare to give physical punishment to the perpetrator, which is why the implementation of Law No. 35 of 2014 is not effective. Because when the teacher gives a punishment the teacher will be afraid that the punishment violates the rules that have been set. This factor causes school children in educational environments to no longer have morals because they feel they are protected by law.       

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References

Assegaf, Abd. Rachman. (2017). Philosophy of Islamic Education, Cet. 4. Depok: Rajawali Press.

Constitutional Court Decision Number 46/PUU-VIII/2010 dated 17 February 2012.

Djazuli, HA (2003). Fiqh Siyasah Implementation of the Benefits of the People in Syari'ah Signs. Jakarta: Kencana.

Iqbal, Muhammad. (2014). Fiqh Siyasah Contextualization of Islamic Political Doctrine. Jakarta, Prenadamedia Group.

Joni, Mohammad, and Zulchaina Z. Tanamas. (1999). Legal Aspects of Child Protection in the Perspective of the Convention on the Rights of the Child. Bandung: Citra Aditya Bakti.

Kabanjahe Religious Court decision April 19th, 2022

Law No. 35 of 2014 Amending Law on Child Protection (No. 23/2002)

Makarao, Mohammad Taufik. (2013). Child Protection Law and Elimination of Domestic Violence. Jakarta: Rineka Cipta.

Nasriana. (2012). Criminal Law Protection for Children in Indonesia. Jakarta: Rajawali Press.

Nazmi, Didi. (1992). Concept of the Rule of Law. Padang: Angkasa Raya.

Nizar, Samsul. (2008). Discussing Intellectual Dynamics and Hamka’s Thoughts on Islamic Education: A Century of Buya Hamka. Jakarta: Kencana.

Soeroso, Moerti Hadiati. (2012). Domestic Violence in a Victimological Juridical Perspective. Jakarta: Sinar Graphics.

Sofhian, Subhan and Asep Sahid. (2011). Citizenship Education. Bandung: Solusimedia.

Sumitro, Irma Setyowati. (1990). Legal Aspects of Child Protection. Jakarta: Earth of Letters.

Supeno, Hadi. (2010). Understand the Convention on Children’s Rights and the Child Protection Law. Jakarta: Zalco Pratama.

Rasmuin. (2015). Implementation of Noble Moral Education for Santri at the Miftahunnajah Trini Trihanggo Gamping Sleman Modern Islamic Boarding School. Thesis, UIN Sunan Kalijaga Yogyakarta.

Ramadan, Muhammad. (2019). Contextualization of Islamic Political Doctrine in Siyasah Fiqh. Pekalongan: PT Nasya Expanding Management.

Rinaldo, M Edward and Hervin Yoki Pradikta. (2021). Analysis of Fiqh Siyasah Dusturiyah in the Formation of Regulations Concerning Trading in Influence in Positive Law in Indonesia. AS-SIYASI: Journal of Constitutional Law, 1(1), 65. https://doi.org/10.24042/as-siyasi.v1i1.8955

Wiyono. (2006). Human Rights Court in Indonesia. Jakarta: Kencana Prenada Media Group.

Published
2023-09-24
How to Cite
Robby Surbakti, A., & Mora Matondang, M. (2023). The Effectiveness of Law No 35 of 2014 Concerning Child Protection in Protecting Children’s Rights in the Educational Environment Using Analysis of Siyasah Dusturiyah (Case Study of Karo District). Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE), 6(3), 2893-2905. https://doi.org/10.31538/iijse.v6i3.4051