Depok.suara.com – Recommendations on the Relocation Case and Transfer of Functions of SDN Pondok Cina 1 Depok The polemic on the relocation and conversion of functions of SDN Pondok Cina 1 by the Depok City Government has the potential to give rise to allegations of human rights violations.
As a form of quick response, Komnas HAM made a proactive complaint by observing the location of Pondok China 1 Elementary School and forming a Monitoring and Investigation Team and taking steps based on the mandate of Article 89 paragraph (3) of Law no. 39 of 1999 concerning
Human rights.
“Monitoring and investigation is carried out to collect data, information and facts as well as to deepen information from related parties, including parents/guardians of students, students, and Depok City Government officials as well as collect a number of supporting documents/evidence to clarify or prove allegations human rights violations occurred in the case of the relocation and conversion of the function of SDN Pondok Cina,” wrote the Indonesian National Human Rights Commission Putu Elvina, Head of the Monitoring Team for Cases of Relocation and Transfer of Functions of SDN Pondok Cina 1, in Jakarta on March 11, 2023.
1. Alleged Human Rights Violations
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Based on the results of monitoring and investigations, Komnas HAM concluded that in the case of the relocation and conversion of the function of SDN PondokChina 1 there were allegations of human rights violations as follows:
1) There are allegations of violations of children’s rights and the right to education in terms of the learning process that is not optimal as a result of the planned relocation and conversion of the function of Pondok Cina 1 Public Elementary School by the Depok City Government and the Depok City Education Office as well as the potentially dangerous condition of Pondok China 1 Public Elementary School facilities student safety (ramp/incline at entrance
school).
The instruments that were violated were Article 3 paragraph 1 of the Convention on the Rights of the Child, Article 28 B paragraph 2 of the 1945 Indonesian Constitution, Article 52 paragraphs 1 and 2, Law Number 39 of 1999 concerning Human Rights, Article 9 paragraph 1 of Law No 35 of 2014 concerning Child Protection , and Article 4 paragraph 1 of Law No. 20 of 2003 concerning the National Education System;
2) There is an alleged violation of the right to information related to information on the plan to relocate and change the function of SDN Pondok Cina 1 carried out by the Depok City Government and the Depok City Education Office to parents/guardians of students and students.
The instruments that were violated were Article 28 letter F of the 1945 Constitution, Article 14 paragraph 1 of Law No. 39 of 1999 concerning Human Rights, Article 7 paragraph 1 of Law No. 20 of 2003 concerning the National Education System.
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Recommendation
In connection with the findings and facts, according to the monitoring function of Komnas HAM in Article 89 paragraph (3) of Law Number 39 of 1999 concerning Human Rights, Komnas HAM recommends paying serious attention to matters as follows:
following:
Central government
1. To the Coordinating Ministry for Human Development and Culture (Kemenko PMK):
Can oversee the acceleration of the planned addition of New Classrooms (RKB) at SDN Pondok Cina 5 so that the relocation/regrouping of SDN Pondok Cina 1 to SDN Pondok Cina 5 will be carried out immediately and all students can enter school hours
study in the morning.
2. To the Directorate General of Cipta Karya, Ministry of PUPR
Ensuring that the construction of the RKB at Pondok Cina 5 Elementary School is in accordance with the planning by the Mayor of Depok and the Ministry of PUPR with the 2023 budget, it is hoped that it will be implemented soon.
3. To the Ministry of Education and Culture
Monitor and supervise related to the smooth running of teaching and learning activities, especially after the postponement of the relocation plan.
Local government
1. Governor of West Java:
Coordinate with the Directorate General of Cipta Karya, Ministry of Public Works and Public Housing, the Coordinating Ministry for Human Development and Culture and the Mayor of Depok to accelerate the process of building new classrooms at SDN Pondok China 5.
2. Mayor of Depok:
a. The relocation that has been planned by the Mayor of Depok in its implementation later must ensure and consider the selection of relocation time, communicate well to the School Committee, parents/guardians of students, provide adequate facilities in new classes, availability of teachers, so as not to disrupt teaching and learning activities;
b. Ensuring that there is no bullying and intimidation towards students, SDN Pondok Cina 1 teachers and parents of students;
c. Ensuring post-normalization of teaching and extracurricular activities are well facilitated, running without any disturbances;
d. Ensuring the availability of teachers by returning teachers to SDN Pondok China 1, in order to meet the quality and quantity of fulfilling students’ rights to education;
e. Making the role of the existing School Committee effective as a space for communication, aspirations and participation on an ongoing basis between schools and parents of students on problems that occur in schools to avoid misunderstandings about the policies to be taken;
f. Make access in and out of school gates safer, especially ramps and stairs that are uncomfortable and child-friendly to reduce the potential for accidents for students, especially when it rains which causes the stairs to become slippery;
g. Regarding the separation of the teacher’s room from Pondok Cina 1 Public Elementary School and Pondok China 3 Public Elementary School teacher’s room so that they are placed in the same room to avoid gaps and limit communication patterns;
h. Ensuring that in the future regrouping or relocation policies are planned and carried out carefully so that they do not have an impact on the teaching and learning process for students.
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