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., 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.Ridwan HR, 2006, Hukum Administrasi Negara (Administrative Law), PT. Rajagrafindo Persada, Jakarta. 4. UU No.39 tahun 1999 tentang Hak Asasi Manusia (The Law No. 39 of 1999 on Human Rights) 5. 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 2004 on the revision of The Law No. 5 of 1986). 6. 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) 7. 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) 8. International Covenant on Economic, Social and Cultural Rights, http://www2.ohchr.org/english/law/cescr.htm 9. 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 10. Convention on the Right of the Child, http://www2.ohchr.org/english/law/crc.htm 11. 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