PERLINDUNGAN HAK ANAK DALAM KONFLIK BERSENJATA DI INDONESIA

• Main Authors: , Budi Sartono, SH, , Enny Nurbaningsih, S.H., M.Hum.
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2011
• Subjects: ETD
• Online Access: https://repository.ugm.ac.id/88825/; http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=51210
• Institution: Universitas Gadjah Mada

This study is aimed to figure out determine and analyze the protection of children rights in situations of armed conflict and to find out and analyze the state's responsibility towards the involvement of children in situations of armed conflict. Research on Protection of Rights of the Child in Armed Conflict in Indonesia (Overview on State Responsibility and Human Rights Law in Perspective) is a normative study intended to examine the meaning and intent of the rule of law applicable to the protection of the rights of children in armed conflict. To achieve these objectives the author applies the method of normative legal research to study the rules and principles of law that is more focused on library materials or secondary data consisting of primary that materials secondary and tertiary legal materials. The data have been collected will be systemized for the descriptive and qualitative analysis. Of this study indicate that the shape of children's rights protection in situations of armed conflict have been set in international legal instrument to urge the participating countries (state parties) which has been ratified to respect humanitarian law by providing guarantees to children not to participate in armed conflict and in national law already provides protection to every child not to be involved in the event of war, armed conflict, social unrest, and other events that contain elements of violence. However, national laws and regulations of Indonesia has not set in isolation on the protection of child rights in situations of armed conflict because Indonesia has not ratified the provisions of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (CRC-OPAC) or the Optional Protocol to the Convention on the Rights of the Child on involvement of children in armed conflict (CRC-OPAC) so that the juridical impact directly on child protection by placing the child in situations that are prone to be victims of armed conflict in Indonesia. While the form of state responsibility towards the involvement of children in situations of armed conflict in international law known as a state responsibility with the state prohibits recruitment of children to engage in armed conflict and conceptions of state responsibility embodied in national law by prohibiting and preventing the children to not be involved in the internal armed conflict that is attached to the basic law or constitution. State can not shy away from the respect, protection and fulfillment of human rights including the rights of children as a function of absolute state to protect its citizens from any threat of danger, including children who became involved in armed conflict directly or indirectly take part in armed conflict.