THE DEVELOPMENT OF LAW AND HUMAN RIGHTS COURSE CODE: BLOCK
BOOK
PLANING GROUP : I Nengah Suantra, SH., MH. NK Supasti Dharmawan,
SH., M.Hum., LLM. Made Nurmawati, SH., MH. I Ketut Sudiarta, SH.,
MH. IB Surya Darmajaya, SH., MH. Made Maharta Yasa, SH., MH. I Made
Budi Arsika, SH.,LLM. Ni Gst Ayu Dyah Satyawati, SH., M.Kn.,LLM.
Edward Thomas L. Hadjon, SH., LLM.
FACULTY OF LAW UDAYANA UNIVERSITY DENPASAR 2010
1.Course Identity Course Subject Teaching Team
Course Status Semester Credit System
: The Development of Law and Human Rights : I Nengah Suantra,
SH., MH. NK Supasti Dharmawan, SH., M.Hum., LLM. Made Nurmawati,
SH., MH. I Ketut Sudiarta, SH., MH. IB Surya Darmajaya, SH., MH.
Made Maharta Yasa, SH., MH. I Made Budi Arsika, SH.,LLM. Ni Gst Ayu
Dyah Satyawati, SH., M.Kn.,LLM. Edward Thomas Hadjon, SH., LLM. :
Obligatory Course under Faculty Policy :2
2. Description of the Course The course of the Development of
Law and Human Rights will discuss both the theoritical and practice
aspects of human rights from perspectives of International Law,
Constitutional Law, Criminal Law, Civil/Private Law, and
Administrative Law. Those perspectives will be enriched by some
analysis of globalisation impacts, in which the law must be able to
acomodate the current development and the existence and the
recognition of law pluralism. The course will also analyse some
aspect of development law and human rights. It will divided into
some interesting topics, namely; states in related on its
responsibility against human rights violations, terorism and the
use of force, the court competence and jurisdiction, reparation for
human rights violation, the rights of indigenous peoples, and human
rights and administrative law. 3. Course Purpose Through
participating in this course, students are expected to understand
with some theories, principles, and norms related to Human Rights.
They are also expected to able to analyze cases of Human Rights
from many perspectives. 4. Learning Method and Strategy The method
of this course is Problem Based Learning (PBL) in which sthe
students as the centre of learning process. In simply meaning, It
can be described as learning, not teaching. Learning Strategy :
lecturing (6 times meeting), tutorial (6 times meeting), one middle
examination and one final examination. Lecturing and Tutorial This
course will conduct lecturing series on meetings 1,3,5,7,9, and 11;
and tutorial series on meetings 2, 4,6,8, 10, and 12.
Lecturing Strategy Contents of the course will deliver through
literatures, white board, hand out/power point slides. A self study
method will be encouraged, in which students are expected to
prepare all materials, reading, and understanding those materials
according to the guidance provided on the block book. Technically,
lecturing will conduct through explanation session and discussion.
Tutorial Strategy Students working on tasks (Discuccion Task, Study
Task dan Problem Task) as part of self study (20 hours per week).
Students also conduct a class discussion suppoted by power point
presentation. Students are required: o Compose a paper according to
tutorial topics on meeting 4, 6, and 8. Students choose one of
those topics. o Students explain the task on tutorials 4 and 6
through power point presentation. 5. Examination and Grade
Examination The course is planning written tests on Middle
Examination and Final Examination. Grade Final grade for this
course will be given based on guidance of Buku Pedoman. The Final
Grade (FG) is a combination among Tasks (T), Middle Examination
(ME) and Final Examination (FE). (ME+T) _________ + 2(FA) 2 FG :
___________________ 3 Grade A B+ B C+ C D+ D E
Range 80-100 70-79 65-69 60-64 55-59 50-54 40-49 0 - 39
6. Contents I. Internasional Legal Person a. State b.
Participants on International Law c. State Responsibility II.
Terrorism a. International regulation regarding the use of force b.
Exceptions to legitimate (justification) the use of force in case
of terrorism III. Competence of the court and Jurisdiction a.
Competence of the court and jurisdictions (territorial, active
nationality, passive personality, universal) b. UN Mechanism for
Human Rights Cases c. The Alien Tort Claims Act (the US Federal
Court) for Human Rights Cases d. The settlement of Human Rights
Violations in Indonesian Courts IV. Reparation a. Definition of
reparation b. Classification of reparation c. Theories justified
rerparation d. Persons related to reparation e. Mechanism of
reparation V. HAM dan Penduduk Asli a. Terminology (Penduduk
Asli/Masyarakat Adat/Masyarakat Hukum Adat/Indigenous Peoples) b.
The concept of Indigenous Peoples c. Rights of possesed Hak-Hak
yang dimiliki oleh Masyarakat Hukum Adat/Indigenous Peoples d.
Internasional Regulations (ILO Convention 1989, UN Declaration
2007), National Regulations (1945 Constitution of the Republic
Indonesia, Act Number 1 Year 60, Act Number 39 Year 1999)
a. b. c. d.
VI. Human rights and Administrative Law Definition of
Administrative Law Government Duties Government Action Legal
remedy
7. Materials Books: o Martin Dixon, Textbook on International
Law, 6th Edition, Oxford University Press, New York, 2007, Chapter
5,9, and 11. o Report by UN secretary General : In large freedom:
towards development, security and human rights for all, UN
Doc.A/59/2005, Chapter III : Freedom from fear. o Titon Slamet
Kurnia, Reparasi (reparation) terhadap korban pelanggaran HAM di
Indonesia. o Jonathan Doak, Victims, Rights, Human Rights and
Criminal Justice, Chapter III (The Right to Reparation). o Tristan
Anne Borer A Taxonomy of victims and Preparation : Human Rights and
Reconcilliation in South Africa, Human Rights Quarterly, Vol.25
Number 3, August 2003. o Hadjon, Philipus.M., Martosoewignjo,R.Sri
Soemantri., Basah, Sjachran., o Manan, Bagir., Marzuki,H.M. Laica.,
Berge,J.B.J.M., Buuren,P.J.J., Dan Stroink, F.A.M., 1993, Pengantar
Hukum Administrasi Indonesia (Introduction to the Indonesian
Administrative Law), Gadjah Mada University Press, Yogyakarta. o
Hadjon, Philipus M, 2007, Perlindungan Hukum Bagi Rakyat di
Indonesia, Peradaban. o Indroharto., 1991, Usaha Memahami
Undang-Undang Tentang Peradilan Tata Usaha Negara, Pustaka Sinar
Harapan, Jakarta. o Ridwan HR, 2006, Hukum Administrasi Negara, PT.
Rajagrafindo Persada, Jakarta. Treaties and Laws o ICC Statute o
The UDHR o The ATCA o Act Number. 4 Year 2004 concerning Judicial
Power o Act Number 39 Year 1999 concerning Human Rights o Act
Number 26 Year 2000 concerning Human Rights Court o The decision of
District Court of Jakarta Selatan Year 2001 concerning Case of
Freeport. o The UDHR, ICCPR, ICESCR, the UN
Doc.E/CN.4/Sub.2/2003/Rev.2 : Norm of Responsibilities of
Transnational Corporation o Bhopal Case o The ILO Convention
concerning Indigenous and Tribal Peoples in Independent Countries,
1989. Available at:
:http://www.ilo.org/ilolex/cgilex/convde.pl?C169. o The United
Nations Declaration on the Rights of Indigenous Peoples, 2007.
Available at: http://www.un.org/esa/socdev/unpfii/en/drip.html
o The Report on the eighth session 18-29 May 2009 of the United
Nations Permanent Forum on Indigenous Issues, Economic and Social
Council Official Records Supplement No. 23. Available at:
http://www.un.org/esa/socdev/unpfii/documents/E_C_19_2009_14_en.pdf
o Gldu la Journal of Indigenous Peoples Rights No. 2/2006, A New
Era for Indigenous Peoples, the United Nations Permanent Forum on
Indigenous Issues. Available at:
http://www.galdu.org/govat/doc/permanentengelsk2.pdf o Act Number 5
Year 1986 Concerning Administrative Court jo. Act Number 9 Year
2004 concerning the Amendment of Act Number 5 Year 1986. o Act
Number 12 Year 2005 concerning the ratification of International
Covenant on Civil and Political Rights o Act Number 11 Year 2005
concerning the ratification of International Covenant on Economic,
Social and Political Rights. o International Covenant on Economic,
Social and Cultural Rights,
http://www2.ohchr.org/english/law/cescr.htm o Act Number 23 Year
2002 concerning Child Protection o Convention on the Right of the
Child, http://www2.ohchr.org/english/law/crc.htm o Act Number 23
Year 2006 concerning Civil Administration 8. Course Preparation In
order to support the lecturing and tutorial will successfully
conducted, before the course is started, students are expected to
have block book of this course and prepare all of the
materials.
Meeting ILecturing 1: Subject of International Law 1. States 2.
Non-State Actors 3. State Responsibility Literature 1. Boer Mauna,
2000, Hukum Internasional : Pengertian, Peranan Dan Fungsi Dalam
Era Dinamika Global, Alumni, Bandung. 2. Malcolm D. Evans, 2006,
International Law, 2nd Edition, Oxford University Press. Part III
page: 217 332, part V page : 451 - 506 3. Malcolm N. Shaw, 2007,
International Law, 6th Edition, Cambridge University Press. Part 5
page: 195 260, part 14 page : 778 - 842 4. Antonio Cassese, 2006,
International Law, 2nd Edition, Oxford University Press. Part 2
page: 71 152, part 4 page: 241 277. 5. D.J. Harris, 1998, Cases and
Material on International Law, Fifth Edition, Sweet And Maxwell,
London. 6. Huala Adolf, 2002, Aspek-aspek Negara Dalam Hukum
Internasional, PT. RajaGrafindo Persada, Jakarta. 7. Martin Dixon,
2007, Text Book On International Law, Sixth Edition, Oxford
University Press. Part 5 page : 111 173, part 9 page : 244 - 274 8.
Mochtar Kusumaatmadja & Etty R. Agoes, 2002, Pengantar Hukum
Internasional, Alumni, Bandung. 9. Ian Brownlie, 2000, Public
International Law, 10. Francis Fukuyama; 2004, State-Building:
Governance and World Order in the 21st Century. 11. Montevideo (Pan
American) Convention on Rigths and Duties of States of 1933. 12.
Responsibility of States for Internationally Wrongful Acts
2001.
MEETING 2Tutorial 1: Subject of International Law Basically,
subjects of International Law are entities hold the rights and
obligations in accordance with International Law. Subject of
International Law require a legal personality which has certain
international capacity. Assignment I: Entity and International Law
Figure out international capacities which shall be possessed by an
entity in order to achieve recognition as subject of international
law Assignment II: Statehood On February 17, 2008, Kosovo, a
province in Serbia decided to proclaim a unilateral declaration of
Independence. For many years, Populations in Kosovos were
discriminated by Serb, the majority ethnic in Serbia. Naturally,
Kosovo is a fertile area and has trade relations with some
countries. In shortly time, Kosovos declaration was recognized by
Turkey, France, Germany, United Kingdom, the United States of
America, and the Netherlands. The Kosovos government which is
elected democratically subsequently decided to accede into some
Human Rights treaties and deliver its desire to become the 193rd
United Nations member. Assignment III: Non-State Actors Grace
Holland, an Australian, is an officer of WHO in Geneva. In November
2007, she was sent on a mission in Avaria, a state in Africa which
is a member of WHO. Her main task was as an advisor on AIDS/HIV
matter programs. Unfortunately, the political situation in Avaria
was on serious problem. IPA (an Indigenous People of Avaria) was on
struggle against the government. Moreover, IPA has a government
which govern peoples in Southern Part of Avaria. In January 2008,
Grace was arrested by IPA. Three days later, her mutilated corpse
was found. There was no specific investigation on that case, nor
reparation to the WTO or Grace family Assignment IV: State Collapse
Somalia is a state which is used to being an example of state
collapse. The abstention of governmental acts and activities for
many years arise a basic question whether Somalia is still can be
classified as a state. Since 1991, Somalia has no government, armed
force, police, and courts anymore. It has a consequence that
supervision of Somalias territory is held by commanders of
conflicting tribes. Beside the lack capacity to fulfill its
international obligation, Somalias Government also can not perform
its social guarantee on security, health, and education.
A subsequent questions arise is, who the actors must hold
international responsibility for the failure of supervision on
piracies case in territory of Somalia. Responding this matter, the
United Nations Security Council through Resolution 1816 (2008) has
authorities to overcome that case. The main reason was, the United
States of America (USA) worried that Somalia could be a harbor of
terrorist. USA has subsequently sent missiles to the territory of
Somalia which is claimed had killed the heads of terrorist. Legal
questions: 1. What is the definition of state? Can Somalia (still)
be classified as a state? 2. Why does the matter of State very
important to be discussed in this case? 3. How is the competence of
UN Security Council in this case? Assignment V : State
Responsibility Contrary to sanctions imposed by the UN Security
Council, a company based in Antwerp buys diamonds from an group in
Congo. The group subsequently commits atrocities with the arms
bought with the earnings from the sale of diamonds. Can Belgium or
Congo be held responsible for any misconduct by the company? Does
it make a difference wheter or not it is a company owned by the
Belgian state? During a visit to the United Kingdom, the director
of the company is arrested and convicted of sanctions-busting. He
serves his sentence in a privatized prison owned and administered
by Wackenhut Corporation. He wonders whether he can hold the UK
Government responsible and submit a complaint under the European
Convention on Human Rights if he suffer any human rights abuses in
this facility. His lawyer refers to Costello-Roberts v. United
Kingdom request that State can not avoid its responsiblity by
deliver it to the private institution. Legal questions: 1. How is
the UN Security Counsil impose sanction procedure ? 2. What is the
meaning of Wackenhut Corporation? 3. When does the state
responsibility arise? 4. How is the content of Costello-Roberts v.
United Kingdom?
MEETING 3Lecturing 2: Terorisme and the Use of Force 1.
Regulation concerning the use of force in a country. 2. Exeptions
to legitimate (justification) the use of force in case of
terrorism. Literatures: 1. Dixon, Capter 11 2. Report by UN
secretary General : In large freedom: towards development, security
and human rights for all, UN Doc.A/59/2005, Chapter III : Freedom
from fear.
MEETING 4Tutorial 2: Responding to the Threat of Terrorism
Assignment: In the Intelligence daily briefings, the President
of the United States of America (USA) got information from the
Director of CIA that an organization which named American
Liberation Front (ALF), an unidentified group, planned a stimulant
terrorist attack in the United States of Americas center of public
activities area. An official Intelligence informant mentioned that
the attack will be done soon, but other information mentioned that
the information concerning the attack only to make the state aware
earlier with the attack terrorism. ALF is convicted had a basis in
Africa, in a small country, but it is not clear whether the
Government of that state supporting the ALF movement or only
tolerate with their activities. The President of the USA ordered to
the White House to immediately prepare a right an option proposal
for him. Topic Discussions: 1. What is terrorism? 2. Can terrorism
be classified as a crime? 3. Whether intelligent information can be
used to attack? 4. Are there any regulations that justified that a
country can attack other country? 5. Whether USA can attack another
country with the reason there is a terrorist base camp?
Literatures: 1. Dixon, Capter 11 2. Report by UN secretary General
: In large freedom: towards development, security and human rights
for all, UN Doc.A/59/2005, Chapter III : Freedom from fear.
MEETING 5 Lecturing 3: Court Jurisdiction and Law Jurisdiction
1. Court Jurisdiction under International Law area : territorial,
national active, national passive, universal 2. Termination of
Human Rights case through United Nations Mechanism 3. Termination
of Human Rights case through The Alien Tort Claims Act (the US
Federal Court) 4. Termination of Human Rights case through
Indonesian Court Literatures: 1. 2. 3. 4. 5. 6. 7. Martin Dixon,
Chapter 6 & 12 The UDHR The ATCA Law No.4 of 2004 on Judicial
Power Law No.39 of 1999 on Human Rights Law No. 26 of 2000 on Human
Rights Court The desion of District Court of South Jakarta year
2001, Freeport Case.
MEETING 6 Tutorial 3 : The Court Jurisdiction, Advantage and
Detriment for the Victims of Human Right Violation
In several Human Right violation case which involved military as
security officer in Multi National Enterprise in landmines and
diamond, for example: Filartiga v Pena Irala which involved the
military of Nigeria and Bhopal, Burma and Unocal case, in Indonesia
there also happen similar case. The violation of Human Rights case
(rape and gun shot) that happen in oil and gas company area in Aceh
make the victims frustrated and confused where they can the lodge
their complaints to get justice. Based on the statements of the
victims, the human rights violation was done by the military
officers whose hire and work for MNE B in mines and gas extraction
area in Aceh, Indonesia. The MNE B has parent company in the United
States of America (USA). In Indonesia, that company was established
based on Joint Venture agreement with the Government Company. In
the attempt to find justice, international Non Governmental
Organization (INGO), help 11 Human Rights violation victims to
resolve the case through the US Federal Court (the Alien Tort Claim
Act ). Whether the US Federal Court has the authority to process
the violation case that was done by the MNE children company in
Indonesia? What is the advantages and disadvantages to proceed the
case through the US Federal Court? Whether that will be a
difference if that case is process in Indonesia Court? Whether
Indonesia Company has the jurisdiction to process the case? How
about the proceeding through the UN mechanism? Literatures: 1.
Martin Dixon, Chapter 6 & 12 2. The UDHR, ICCPR, ICESCR, the UN
Doc.E/CN.4/Sub.2/2003/Rev.2 : Norm of Responsibilities
Transnational Corporation 3. The ATCA 4. The Law No. 4 of 2004 on
the Judicial Power 5. The Law No.39 of 1999 on Human Rights 6. The
Law No.26 of 2000 on the Human Rights Court 7. The desion of
District Court of South Jakarta year 2001, Freeport Case.
MEETING 7Lecturing 4: Reparation 1. What is the meaning of
reparation? 2. The type of reparation 3. Teories which justify the
reparation 4. The persons who need reparation, the person taht will
give reparation,and how is the mechanism? Literatures: 1. Titon
Slamet Kurnia, Reparasi (reparation) terhadap korban pelanggaran
HAM di Indonesia (Titon Slamet Kurnia, Reparation for the victims
of the Human Rights violation in Indonesia). 2. Jonathan Doak,
Victims, Rights, Human Rights and Criminal Justice, Chapter III
(The Right to Reparation). 3. Tristan Anne Borer A Taxonomy of
victims and Preparation : Human Rights and Reconcilliation in South
Africa, Human Rights Quarterly, Vol.25 Number 3, August 2003. 4.
ICC Statute, Art 75and 79.
MEETING 8Tutorial 4 : Reparation to Grave Human Rights Violation
Assigment A ia a combatant of East Timor Independence was being
victim of the Indonesian military action (when the riot after the
poll for East Timor independency was conducted). As after it was
occured, A was being sick and his family life become unstabil, that
situation become his reason to find justise. He tried various of
legal remedies, but his effort until now is not get a result yet.
Discussion Task: 1. Who is the victim of that extraordinary crime?
2. How is the reparation mechanism for the grave human rights
violation victims? 3. Who is held the responsibilty to give the
reparation for the victims? 4. The court institution which have the
jurisdiction to process the case. Note : From the initial
discussion on the case the result is expected can be determined
what are the learning goals that want to be discussed. After that
conclude the topic that will be discussed in systemathic order and
bring the frame about the analisys of the problem solving of that
case. Compulsory reading : 1. Titon Slamet Kurnia, Reparasi
(reparation) terhadap korban pelanggaran HAM di Indonesia (Titon
Slamet Kurnia, Reparation for the victims of the Human Rights
violation in Indonesia). 2. Jonathan Doak, Victims, Rights, Human
Rights and Criminal Justice, Chapter III (The Right to Reparation).
3. Tristan Anne Borer A Taxonomy of victims and Preparation : Human
Rights and Reconcilliation in South Africa, Human Rights Quarterly,
Vol.25 Number 3, August 2003. 4. ICC Statute, Art 75and 79.
MEETING 9Lecturing 5: The Rights of Indigenous Peoples 1.
Terminology (Penduduk Asli/Masyarakat Adat/Masyarakat Hukum
Adat/Indigenous Peoples) 2. The concept of indigenous peoples 3.
Rights possessed by indigenous peoples 4. International regulation
(ILO Convention 1989, UN Declaration 2007), National regulation
(UUD 1945, UU 1/60, UU 39/99). Literatures: 1. The ILO Convention
concerning Indigenous and Tribal Peoples in Independent Countries,
1989. Available at:
http://www.ilo.org/ilolex/cgi-lex/convde.pl?C169. 2. The United
Nations Declaration on the Rights of Indigenous Peoples, 2007.
Available at: http://www.un.org/esa/socdev/unpfii/en/drip.html
(Note: This declaration was adopted by UN General Assembly through
Voting Mechanism, supported by 143 states (included Indonesia),
rejected by 4 states i.e.: Australia, Canada, New Zealand, and the
United States of America, and 11 other states were abstain. 3. The
Report on the eighth session 18-29 May 2009 of the United Nations
Permanent Forum on Indigenous Issues, Economic and Social Council
Official Records Supplement No. 23. Available at:
http://www.un.org/esa/socdev/unpfii/documents/E_C_19_2009_14_en.pdf
4. Gldu la Journal of Indigenous Peoples Rights No. 2/2006, A New
Era for Indigenous Peoples, the United Nations Permanent Forum on
Indigenous Issues. Available at:
http://www.galdu.org/govat/doc/permanentengelsk2.pdf 5. The 1945
Constitution of the Republic of Indonesia 6. The Act number 39 Year
1999 concerning Human Rights
MEETING 10Tutorial 5: How does the way to protect? Imaginary
Case Dengdong tribe is an indigenous people lives in Northeast part
of Norway. Based on historical reason, its peoples have no desire
to be registered as Norway citizen although the Government of
Norway offers that status many times. Peoples of Dengdong tribe
have a unique habit besides their livelihood as fisherman. In
Salmon spawning time, they are used to hunting Salmon eggs to some
rivers of Norway. Those eggs, besides consumed as one of basic
component of their favorite food, are used as ingredient of their
traditional remedy to protect their skins health. While the
population of Dengdong tribe increased, the upsurge of Salmon eggs
hunt was also stimulated. A research subsequently found that its
habit is one of main factor of the gradually decrease of Salmon
quantity in North Sea in recently years. Responding this matter,
Norwegian Government has initiative to approach Dengdong tribe to
restrict their activity. It offered some solutions such as granting
food aid, medicine and social facilities, and proper housing. While
this effort was refused by Dengdong tribe, some other countries;
Denmark, Sweden, and United Kingdom of Great Britain deliver their
protest to Norwegian Government regarding this matter. Moreover,
they forced Norwegian Government to take action against Dengdong
tribe. Nowadays, the Norwegian Government is in a dilemma as to how
to deal with this case. Problem Task: 1. Are there legal
protections to Dengdong tribes habit in accordance with Human
Rights regime? 2. Is Norwegian government hold responsible to the
existence and activity of Dengdong tribe? 3. What effort should be
taken by Norwegian Government in this case? Literatures: 1. The ILO
Convention concerning Indigenous and Tribal Peoples in Independent
Countries, 1989. Available at:
http://www.ilo.org/ilolex/cgi-lex/convde.pl?C169. 2. The United
Nations Declaration on the Rights of Indigenous Peoples, 2007.
Available at: http://www.un.org/esa/socdev/unpfii/en/drip.html 3.
The Report on the eighth session 18-29 May 2009 of the United
Nations Permanent Forum on Indigenous Issues, Economic and Social
Council Official Records Supplement No. 23. Available at:
http://www.un.org/esa/socdev/unpfii/documents/E_C_19_2009_14_en.pdf
MEETING 11Lecture 6: Human Rights In Administrative Law
Administrative Law is the rules which regulate state officials in
doing their duty and their relation with the citizens. Regarding
the enforcement of Human Rights, the Government has obligations and
responsibilities to respect, protect, uphold, and encourage Human
Rights in Indonesia as mentioned in national laws either
International laws which are already accepted by Indonesia. The
substances in the subject Human Rights in Administrative Law are: -
Definition of Administrative Law - The Government Duties - The
Government Actions - Legal Remedy Literatures: 1. Hadjon,
Philipus.M., Martosoewignjo,R.Sri Soemantri., Basah, Sjachran,
Manan, Bagir., Marzuki,H.M. Laica., Berge,J.B.J.M., Buuren,P.J.J.,
Dan Stroink, F.A.M., 1993, Pengantar Hukum Administrasi Indonesia
(Introduction to the Indonesian Administrative Law), Gadjah Mada
University Press, Yogyakarta. 2. Hadjon, Philipus M, 2007,
Perlindungan Hukum Bagi Rakyat di Indonesia (Legal Protection for
the People in Indonesia), Peradaban. 3. Indroharto., 1991, Usaha
Memahami Undang-Undang Tentang Peradilan Tata Usaha Negara (The
Efforts to Understand the Law Regarding Administrative Justice) ,
Pustaka Sinar Harapan, Jakarta. 4. Ridwan HR, 2006, Hukum
Administrasi Negara (Administrative Law), PT. Rajagrafindo Persada,
Jakarta. 5. UU No.39 tahun 1999 tentang Hak Asasi Manusia (The Law
No. 39 of 1999 on Human Rights) 6. UU No. 5 tahun 1986 tentang
Peradilan Tata Usaha Negara jo. UU No. 9 tahun 2004 tentang
Perubahan atas UU No.5 tahun 1986 (The Law No.9 of 2004on the
revision of The Law No. 5 of 1986). 7. UU No. 12 tahun 2005 tentang
Pengesahan International Covenant on Civil and Political Rights
International Convention on Civil and Political Rights,
http://www2.ohchr.org/english/law/ccpr.htm (Indonesian ratification
on the International Covenant on Civil and Political Rights
(ICCPR), under Law No. 12 of 2005) 8. UU No. 11 tahun 2005 tentang
Pengesahan International Covenant on Economic, Social and Political
Rights (Indonesian Ratification on the International Covenant on
Economic, Social and Cultural Rights (ICESCR) under Presidential
Decree No.36 of 1990)
9. International Covenant on Economic, Social and Cultural
Rights, http://www2.ohchr.org/english/law/cescr.htm 10. UU No. 23
Tahun 2002 tentang Perlindungan Anak (The Law No. 23 of 2002 on
Child Protection,
http://www.komisiyudisial.go.id/Undang%20Undang/Hukum
%20Pidana/UU%20No%2023%20Thn%202002%20PERLINDUNGAN %20ANAK.pdf 11.
Convention on the Right of the Child,
http://www2.ohchr.org/english/law/crc.htm 12. UU No. 23 Tahun 2006
Tentang Administrasi Kependudukan (The Law No. 23 of 2006 on Civil
Administration), http://www.depdagri.go.id/konten.php?
nama=ProdukHukum&op=detail_hukum&id=521
MEETING 12Tutorial 6 Case: The suffering of the poor families is
getting harder after the raise of the price of the goods as the
result of the price increase of fuel oil. That is difficulty that
has faced by part of the parents from poor families in North
Jakarta Area when they want to get their child in to school. The
hope that their child can attend elementary school is really
difficult to become a reality. Their children were rejected to get
in to school because their children are not having birth
certificate. Twelve children who meet that difficulty filed a
complaint to Indonesia National Child Commission. They come from
the poor family in North Jakarta area. They were not only rejected
in one school but in several schools which are located near their
neighborhood. Those schools are SDN 08, SDN 09, SDN 10, SDN 11, SDN
12 Rawa Badak Selatan (RBS), SDN 04, SDN 09, SDN 10 Kalibaru,
Cilincing. The reasons behind the rejection was because those child
do not have birth certificate and family card which are
requirements from those schools and must be fulfilled by the
parents. Based on the statements of the parents which are their
child being rejected, they already brought certificate of
clarification of birth ( a different document of birth certificate)
and family card in old version (still made by hand writing), but
that was rejected. The school wanted the birth certificate and new
version of family card (printing by computer). Few school also
wanted the made a domicile letter as approve that they are really
stay in that area. Questions: 1. Identify human rights that can be
recognized from the case above. 2. Are there any human rights
violations in that case? 3. Can the parents which were their child
couldnt get into school sue the government? 4. What kind of legal
remedy that can be used if the parents want to bring the case
before the court? 5. What is the institution who has the authority
to deal with the case?
References: 1. Hadjon, Philipus.M., Martosoewignjo,R.Sri
Soemantri., Basah, Sjachran., Manan, Bagir., Marzuki,H.M. Laica.,
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