THE FULFILLMENT OF RIGHT TO EDUCATION FOR CHILDREN FORCED TO WORK
Nur Paikah, Achmad Ruslan, Marwati Risa, Iin Karita Sakharina

Faculty of Law, Hasanuddin University, Indonesia

Abstract

The purpose of this research is to analyze the regulation arrangements related to the fulfillment of right to education for children forced to work. The method used in this research is empirical normative. The results shows that the regulations related to the fulfillment of right to education for children forced to work have not been able to realize equitable education for all Indonesian people due to the absence of synchronization between Law Number 20 of 2003 concerning the National Education System and the 1945 Constitution of the Republic of Indonesia. Article 31 paragraph 4 states that education is the responsibility of the government, not the people. The implementation of the 20% education budget allocation in the APBN and APBD has not been achieved, by the reason that the decentralization of education is being led to local development so as to allow the collection of education fees at the regional level, of course education becomes difficult to reach, causing the emergence of the phenomenon of children dropping out of school and forced to work. Law Number 13 of 2003 concerning Manpower as the legal basis for labor regulation in Indonesia is inconsistent in preventing children from working with the principle of permissibility and the prohibition of working children. It is certainly not in line with Law Number 20 of 2003 concerning the National Education System and the constitution. From the social aspect, poverty is the cause of the difficulty of reducing child labor. Based on the BPS data for 2019, there are 24.7 million poor people in Indonesia and it potentially increases in 2020 due to the Covid-19 pandemic. UNICEF reports that 31 percent of school children around the world have difficulty accessing the distance learning, especially for children from poor families which potentially force them to work. Based on data from KPAI of exploitation sector, it is revealed that children are forced to work in food stalls, supermarkets and doing scavenging for online

Keywords: Right to education, Children forced to work

Topic: Human Rights