Tanggung Jawab Negara Atas Hak Pendidikan Bagi Anak Berkebutuhan Khusus

Abstract

The right to education for children with special needs can be seen from two sides. For children with special needs as rights holders, they can not only hope that the rights are obtained, but can demand their implementation. From the aspect of the state, the state is bound by a legal obligation to respect and implement that right. Failure to carry out legal obligations that result in loss to the right holders causes the state to be liable for legal liability to compensate. The right to education for children with special needs is a constitutional right guaranteed by the constitution which furthermore must be regulated further in the legislation under the constitution. The regulation of rights in binding legal rules must be followed up with the act of exercising rights so that they are not merely rights on paper.