The Urgency of Legal Protection of Children’s Rights Post-divorce in Caring for Mothers Who Undergoing Criminals in Correctional Institutions

DOI

10.2991/978-2-38476-024-4_29How to use a DOI?

Keywords

Protection of Children’s Rights; Maternal Care; Correctional Institution

Abstract

This research aims to protect children’s rights and must be upheld by everyone. The legal protection of children’s rights in the care of their mothers is based on Pancasila and the 1945 Constitution of the Republic of Indonesia, as well as the basic principles of the Convention on the Rights of the Child and non-discrimination. The problem of this research is the protection of children’s rights in the care of mothers serving a sentence in the Correctional Institution. The research method uses empirical juridical research, which is supported by primary and secondary data. The study results show that: (1) The protection of children’s rights in the care of mothers who are undergoing crime has not been effective because there are still cases related to violations of children’s rights that can threaten the growth and development of their future lives. (2) The regulation of the protection of children’s rights in the care of mothers who are serving a crime in Pancasila and the 1945 Constitution of the Republic of Indonesia, as well as the issuance of several laws and regulations that regulate in detail the protection of children’s rights in Indonesia, and (3) the urgency of the legal protection of children’s rights in the care of mothers who are serving a sentence in prisons by the government has taken the right step by ratifying the Convention on the Rights of the Child by prioritizing progressive law, because in settlement of cases it does not only look at the aspect of legal certainty but pays more attention to the objectives of benefit and justice for the community, through prevention, relief, and alternative punishments.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Sulaiman Sulaiman
PY  - 2023
DA  - 2023/04/19
TI  - The Urgency of Legal Protection of Children’s Rights Post-divorce in Caring for Mothers Who Undergoing Criminals in Correctional Institutions
BT  - Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)
PB  - Atlantis Press
SP  - 265
EP  - 273
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-024-4_29
DO  - 10.2991/978-2-38476-024-4_29
ID  - Sulaiman2023
ER  -