Analisa Yuridis Terhadap Perjanjian Rehabilitasi Anak Cacat Tubuh Oleh Kementerian Sosial Republik Indonesia Ditinjau Dari Undang-Undang Nomor 4 Tahun 1997 Tentang Penyandang Cacat (Studi di Panti Sosial Bina Daksa “Bahagia” Sumatera Utara yang Terletak di Medan)

Main Author: Mirza, Rini
Other Authors: Thaib, Hasballah, Yamin, Muhammad, Bustami, Chairani
Format: Masters
Bahasa: ind
Subjects:
Online Access: http://repository.usu.ac.id/handle/123456789/27920
Daftar Isi:
  • Child is one of the trusteeships as well as blessing from God that we must take care of because the child has a dignity, value and the rights to get legal protectionand is equal life with others. Especially for the children with physical defect, the government, based on law No.4/1997 on Handicapped Persons, established Panti Soaial Bina Daksa “Bahagia” Sumatera Utara as one of the technical implementation units that runs a rehabilitation program for the potential handicapeed persons. In the implementation of recruitment of the participants for the rehabilitation program, the Panti makes a standart written agreement in the form of statement of the parents/guardians of the handicapped children stating in clause that they will not claim for anything if something happens to their children stating in a clause that they will not claim for anything if something happens to their children (escaping from the Panti, developing serious illness, getting accident and/or passing away) during their period of participation in the rehabilitation program in Panti Sosial Bina Daksa “Bahagia” Sumatera Utara. With this exoneration clause, the research question is “how legal protection is given to the handicapped children during their participation in the rehabilitation program in Panti Sosial Bina Daksa “Bahagia” Sumatera Utara” This is analytical descriptive study with empirical juridical approach. Based on the regulations of legislation, this study was employed to observe the existing action and reaction related to the application of this regulation of legislation in the society. Rehabilitation is done by government and/or community members by reactivating and developing either the physical, mental or social capatabilities of the handicapped persons in order to be able to implement their social function in line with their talent, ability and experience to intergrate through communication and interaction and proper ife in their community. The implementation of rehabilitation agreement for handicapped children in Panti Sosial Bina Daksa “Bahagia” Sumatera Utara was done through a standart agreement format made underhanded by Panti Sosial Bina Daksa “Bahagia” Sumatra Utara in the form of a form stating the readiness of parents/guardians of the children to accept what they have written in the exoneration clause. This exoneration clause limits or exonerates the Panti’s responbility for the handicapped children participating in the rehabilitation program. This is against the program of government which wants to provide legal protection to the handicapped children by implementing the rehabilitation program, but the responsibility to protect the handicapped children during their participating in the rehabilitation program is not clear. Legal protection for the handicapped children should not only through the social rehabilitation program but also in any problem the handicapped children may have. The management of Panti Sosial Bina Daksa “Bahagia” Sumatera Utara is suggested to make the format of agreement which is more specific, balanced, detailed and clear in recruiting the participants for the social rehabilitation program. The agreement must clearly state the rights and responsibilities of the parties involved and it would be much better if the agreement is madebefore and with a notary.
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