PERLINDUNGAN HUKUM TERHADAP HAK PENDIDIKAN BAGI ANAK-ANAK BERBAKAT DI INDONESIA

Kumagap, Elsa (2024) PERLINDUNGAN HUKUM TERHADAP HAK PENDIDIKAN BAGI ANAK-ANAK BERBAKAT DI INDONESIA. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Every child has the right to appropriate education to reach their full potential, as guaranteed by Article 26 of the Universal Declaration of Human Rights (UDHR). This right is also affirmed in Article 31 of the 1945 Constitution, which ensures equal educational opportunities for all citizens, including children with special needs. According to Law No. 20 of 2003 on the National Education System (Law 20/2003), children with learning challenges, such as those with disabilities or exceptional talents, are entitled to special education. The regulation for children with disabilities is outlined in Minister of Education, Culture, Research, and Technology Regulation No. 48 of 2023 on Reasonable Accommodations for Students with Disabilities (Permen 48/2023). This regulation comprehensively governs inclusive and disability-friendly education. However, for gifted children, the regulatory framework remains minimal, as stipulated in Minister of National Education Regulation No. 70 of 2009 on Inclusive Education for Students with Disabilities and/or Exceptional Talents (Permen 70/2009). This limited regulation has resulted in minimal implementation of special education for gifted children, leading to their segregation in educational environments. This normative legal study, supported by primary and secondary data, found that Permen 70/2009 lacks detailed provisions compared to Permen 48/2023. One major obstacle is the lack of data collection, as Permen 70/2009 does not require inclusive educational institutions to conduct it. Additionally, resources and facilities, including teacher competency development, remain inadequate. In terms of funding, many regions still allocate less than 20% of their total regional budget for education, which violates the provisions of Law No. 20 of 2003 and the 1945 Constitution. The allocated budget also depends on regional income. The implementation of inclusive schools is still based on government appointments, which often face resistance from regular schools due to the shortage of Special Education Assistants. As a result, equal and quality education access for gifted children has not been realized, forcing them to seek exclusive or private education to fulfill their needs.
Item Type: Thesis (Bachelor)
Creators:
Creators
NIM
Email
ORCID
Kumagap, Elsa
NIM01051210059
'elsalia04@gmail.com
UNSPECIFIED
Contributors:
Contribution
Contributors
NIDN/NIDK
Email
Thesis advisor
Marpaung, Jessica
NIDN301039001
jessica.marpaung@uph.edu
Uncontrolled Keywords: Human Rights; Children, Education; Special Needs
Subjects: K Law > K Law (General)
Divisions: University Subject > Current > Faculty/School - UPH Karawaci > Faculty of Law > Law
Current > Faculty/School - UPH Karawaci > Faculty of Law > Law
Depositing User: Magang Input
Date Deposited: 08 May 2025 07:27
Last Modified: 08 May 2025 07:27
URI: http://repository.uph.edu/id/eprint/68334

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