PEMENUHAN HAK MEMPEROLEH PENDIDIKAN DAN PENGAJARAN BAGI NARAPIDANA ANAK (STUDI KASUS DI LEMBAGA PEMBINAAN KHUSUS ANAK (LPKA) KELAS II YOGYAKARTA)

Child prisoners, hereinafter referred to as Foster Children, are children aged 14 (fourteen) but under 18 (eighteen) who have been sentenced to a criminal sentence based on a court decision that has permanent legal force and are currently undergoing guidance at the Special Child Guidance Institution (LPKA). LPKA is obliged to fulfill the rights of foster children, one of which is the right to education. The right to education is regulated in Article 31 paragraph (1) of the 1945 Constitution, which states that every citizen has the right to education. Therefore, it is important to examine the extent to which the right to education for foster children has been fulfilled in accordance with the provisions of applicable laws and regulations. Thus, this study will discuss the Fulfillment of the Right to Education and Teaching for Child Prisoners (Case Study at the Class II Yogyakarta Special Child Guidance Institution). The type of research used in compiling this thesis is field research with a descriptive-analytical nature and uses an empirical legal approach. Data collection techniques are carried out through observation, interviews, and documentation. The theories used as the basis for this research are the theory of children's rights to education and the theory of development. The results of the study indicate that the process of fulfilling the right to education and teaching for juvenile inmates at the Class II Yogyakarta Correctional Institution (LPKA) is carried out through three stages: the initial development stage, the advanced development stage, and the final development stage. This is reflected in the continuity of formal and non-formal education (equivalency programs) for juvenile inmates at LPKA, which in the implementation process begins with a child data assessment, then LPKA carries out an MOU with educational units. After the MOU, student data is input into Dapodik and finally, the implementation of learning for juveniles at LPKA. However, in the implementation of the fulfillment of the right to education, there are still significant gaps in the essential aspects according to CESCR General Comment No. 13, namely 4A (availability, accessibility, acceptability, adaptability).