JCH (Jurnal Cendekia Huku.
Volume 10 Number 2.
Year 2025 e-ISSN: 2580-1678 And ISSN: 2355-4657 Open Access: http://e-jurnal.
stih-pm.
id/index.
php/cendekeahukum/index AN ANALYSIS OF THE FULFILMENT OF CHILDREN'S RIGHTS IN SCHOOL DROPOUT CASES IN THE TIN MINING AREA
OF SOUTH BANGKA
Yundra Saptahadi1.
Yandi 2 Magister Ilmu Hukum.
Universitas Pertiba Pangkalpinang.
Jl.
AMD.
Kel.
Teladan.
Kec.
Toboali.
Kab.
Bangka Selatan e-mail: yundra.
saptahadi@gmail.
e-mail: yandipertiba67@gmail.
Abstract This research examines the fulfilment of children's educational rights guaranteed in the Indonesian constitution in the case of school dropouts at SMK Negeri 1 Tukak Sadai.
South Bangka Regency, which is influenced by tin mining activities.
Using a socio legal approach, this research examines the gap between constitutional guarantees and the social realities faced by children in tin mining areas.
This study uses in depth interviews, field observations, and an analysis of relevant legal documents.
The findings indicate that the combination of economic, social, and cultural factors, along with tin mining activities, plays a significant role in the high dropout rate at SMK Negeri 1 Tukak Sadai.
The implementation of educational rights guarantees in the constitution has not been optimal due to weak cross sectoral coordination, lack of specific policies for mining areas, and inadequate supervision.
This research recommends strengthening policies to protect children's educational rights in mining areas through an integrative approach involving the government, mining companies, schools, and the community to achieve the fulfilment of constitutionally guaranteed educational rights.
Keywords: Constitutional Educational Rights.
School Dropouts.
Tin Mining.
INTRODUCTION
Education is a fundamental right of every child guaranteed by the Indonesian Constitution (Afifah & Hadi, 2.
Article 31, paragraph .
of the 1945 Constitution of the Republic of Indonesia explicitly states that AuEvery citizen has the right to education.
Ay This constitutional guarantee is further strengthened by various legal instruments, such as Law Number 20 of 2003 on the National Education System and Law Number 35 of 2014, which amends Law Number 23 of 2002 on Child Protection.
Nevertheless, the implementation of this constitutional guarantee still faces various challenges in practice, particularly in regions with specific geographical and economic characteristics, such as mining areas.
The Bangka Belitung Islands Province is one of the provinces in Indonesia known as the largest tin producer in the country.
Based on data from the Ministry of Energy and Mineral Resources (ESDM), in 2023, tin production in the Bangka Belitung Islands reached approximately 70% of total national tin production (Suwardi & Randrikasari, 2.
This mining activity contributed significantly to the Gross Regional Domestic Product (GRDP) of the Bangka Belitung Islands Province, accounting for 13.
8% in 2022.
Specifically.
South Bangka Regency is one of the regions with intensive tin mining, both licensed and illegal (PETI).
Although the tin mining sector This work is licensed under a Creative Commons Attribution-ShareAlike 4.
0 International License.
Received: 24 Mai 2024.
Received in revised form: 24 December 2025.
Accepted: 31 December 2025 Doi: 10.
3376/jch.
Yundra Saptahadi.
Yandi: An Analysis Of The Fulfilment Of Children's Rights In School.
contributions, these activities have environmental problems in the Bangka Belitung Islands.
One significant social impact is the high school dropout rate, particularly at the secondary education Data from the Provincial Education Office of the Bangka Belitung Islands show that the dropout rate at the senior school/vocational (SMA/SMK) level in 2025 reached 4.
higher than the national average of 2.
(Suryadin et al.
, 2.
In South Bangka Regency, the upper secondary dropout rate reached 5.
9%, the highest among all regencies/cities in the Bangka Belitung Islands Province.
SMK Negeri 1 Tukak Sadai is one of the vocational secondary education institutions in South Bangka Regency affected by tin mining activities.
Based on data from the school operator and guidance counselor teachers at SMK Negeri 1 Tukak Sadai, in the 2024/2025 and 2025/2026 academic year, 38 students out of a total of 387 enrolled at SMK Negeri 1 Tukak Sadai dropped out.
This figure increased from the previous academic year, which recorded a dropout rate of 6.
Of these cases, approximately 78% were directly or indirectly related to tin mining activities (Swastiwi et al.
, 2.
The phenomenon of school dropouts resulting from tin mining at SMK Negeri 1 Tukak Sadai demonstrates the complexity of the relationship between extractive economic activities and the fulfilment of childrenAos right to education.
Several factors identified as contributing to the high dropout rate include economic, social, and cultural factors.
Economically, the high incomes that can be earned from tin mining attract school age adolescents to work as miners rather than continue their education.
Based on data from the academic study by Rohmah and Aziz .
, the income of artisanal tin miners ranges from IDR 150,000 to IDR 300,000 per day, which is significantly higher than the South Bangka Regency Minimum Wage in 2025 of IDR 3,867,600 per month, or approximately IDR 128,920 per Socially, tin mining activities have surrounding SMK Negeri 1 Tukak Sadai (Putri et al.
, 2.
Many parents of students work as tin miners, with long, irregular working hours, resulting in reduced supervision of their childrenAos In addition, environmental damage caused by tin mining activities also affects studentsAo access to schools.
Roads damaged by heavy mining vehicles and mining sites that cut across access routes to schools force some students to travel longer distances to attend school.
From a cultural perspective, there has been a shift in values among adolescents in tin mining areas.
A phenomenon of Auconsumerist cultureAy has emerged as a result of high income from mining activities (Miftah & Supriyadi, 2.
Research conducted by the LIPI Regional Resource Research Centre in 2021 found that adolescents in tin mining areas of Bangka Belitung tend to have short term economic orientations and prioritise consumptive needs over long term educational investment.
These conditions indicate a gap between the constitutional guarantee of childrenAos right to education and its implementation in practice, particularly in LPPM STIH Putri Maharaja Payakumbuh - 252 JCH (Jurnal Cendekia Huku.
: Vol.
No 2.
Year 2025 areas with intensive tin mining activities, such as South Bangka Regency.
From a legal perspective, this situation raises questions about the effectiveness of constitutional protection of childrenAos educational rights and its implementing regulations in responding to socio economic realities in mining areas (Said.
The constitutional guarantee of childrenAos fundamentally represents state recognition of education as an essential instrument for human resource development and the achievement of social welfare (Failin et , 2.
Article 31, paragraph .
of the 1945 Constitution further stipulates that AuEvery citizen is obliged to attend basic education, and the government is obliged to finance it.
Ay This provision underscores the state's significant responsibility to ensure the fulfilment of every childAos right to education.
This responsibility is operationalized through various policies such as the compulsory education program.
School Operational Assistance (BOS), and the Indonesia Smart Program (PIP).
However, implementing these policies poses particular challenges in regions with unique characteristics, such as tin mining areas in South Bangka (Agustari & Muslim, 2.
The complexity of economic, social, and cultural issues arising from tin mining activities requires more specific and integrated policy Data from the Central Statistics Agency indicate that in 2025, the gross enrollment rate (GER) for secondary education in South Bangka Regency reached only 83.
84%, lower than the national average of 89.
This figure indicates a continuing gap in the 253 - P-ISSN: 2355-4657.
E-ISSN: 2580-1678
fulfilment of childrenAos right to education in the region.
In the context of legal protection.
Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 on Child Protection explicitly states that governments, society, families, and parents are obligated and responsible for the implementation of child protection, including the protection of the right to Article 9, paragraph .
of the law states that AuEvery child has the right to obtain education and instruction to develop his or her personality and level of intelligence according to his or her interests and talentsAy (Sirait, 2.
Indonesia has ratified the Convention on the Rights of the Child through Presidential Decree Number 36 of 1990, which imposes on the state the obligation to guarantee every childAos right to education.
Article 28 of the Convention on the Rights of the Child states that States Parties recognise the right of the child to education and shall take measures to achieve the progressive realisation of this right based on equal opportunity.
These legal instruments should serve as a strong foundation for protecting childrenAos right to education, including children in tin mining areas.
However, their implementation remains suboptimal in practice.
One contributing factor is the lack of integration between education policies and natural resource and environmental management policies.
Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 on Mineral and Coal Mining does not explicitly regulate the protection of childrenAos right to education in mining Yundra Saptahadi.
Yandi: An Analysis Of The Fulfilment Of Children's Rights In School.
Challenges in implementing the constitutional guarantee of childrenAos right to education in tin-mining areas are also linked to issues of natural resource Tin mining activities in Bangka Belitung, including in South Bangka Regency, involve not only licensed mining by large companies such as PT Timah Tbk, but also widespread illegal mining (PETI) that is difficult to According to data from the Provincial Energy and Mineral Resources Office of the Bangka Belitung Islands, in 2022, there were approximately 1,200 PETI sites across the province, with around 280 in South Bangka Regency.
These illegal mining activities further complicate efforts to protect childrenAos right to education because they tend to disregard social and environmental In contrast to licensed mining companies that are obligated to implement corporate social responsibility (CSR) programs, including in education.
PETI operators As a result, the negative impacts of mining activities on childrenAos challenging to address.
On the other hand, the responsibility of licensed mining companies to support education in their operational areas has also not been According to data from the South Bangka Regency Education Office, in 2022, only about 15% of the total CSR budget of tin mining companies in South Bangka Regency was allocated to education programs.
This allocation remains far from ideal, given the significant impact of mining activities on access to and the quality of education in the region.
Another challenge in fulfilling childrenAos right to education in tin mining areas is the lack of coordination among government institutions in addressing school dropout issues.
Social protection and education programs implemented by various ministries and agencies often operate independently without adequate Consequently, effectiveness of these programs in addressing school dropout problems in tin mining areas remains limited.
Based on the foregoing discussion, a socio-legal study of school dropout cases caused by tin mining at SMK Negeri 1 Tukak Sadai.
South Bangka Regency, is essential to examine the fulfilment of children's right to education within the constitutional framework.
A socio legal approach enables a comprehensive analysis of the gap between constitutional guarantees and their implementation in practice, accounting for the social, economic, and cultural contexts of communities in tin mining areas.
This study is expected to identify the factors contributing to the gap between constitutional guarantees and their formulate policy recommendations to enhance the protection of childrenAos right to education in tin mining regions.
The findings of this study may serve as input for policymakers at both central and regional levels in developing education policies that are more responsive to the specific characteristics of mining areas, as well as for mining companies in designing responsibility programs to support education in their operational areas.
RESEARCH METHODS
LPPM STIH Putri Maharaja Payakumbuh - 254 JCH (Jurnal Cendekia Huku.
: Vol.
No 2.
Year 2025 This study employs a socio-legal research method that integrates doctrinal legal analysis with social science phenomena within their social context (Fuad, 2.
This method was chosen because it can examine the gap between the constitutional guarantee of childrenAos right to education and its implementation in practice, particularly in cases of school dropouts caused by tin mining activities at SMK Negeri 1 Tukak Sadai.
South Bangka Regency.
Data collection was conducted through three primary methods.
First, library research was carried out to analyse legal instruments related to the protection of childrenAos right to education, including the 1945 Constitution of the Republic of Indonesia, the Child Protection Law, the National Education System Law, as well as regional regulations related to education and mining in the Bangka Belitung Islands Province.
Second, indepth interviews were conducted with key informants, including school dropouts, parents, the principal, teachers at SMK Negeri 1 Tukak Sadai, officials from the South Bangka Regency Education Office and the Energy and Mineral Resources Office (ESDM), and representatives of tin Third, observations were conducted in the school environment and tin mining areas to understand the socio economic context and the physical conditions affecting access to education.
Data analysis was conducted using a descriptive qualitative approach, with source triangulation to ensure data validity (Wiyanda Vera Nurfajriani.
The analysis involved stages of data reduction, data presentation, and 255 - P-ISSN: 2355-4657.
E-ISSN: 2580-1678
conclusion drawing.
Systematic and interpretation were applied to analyse the juridical aspects of the protection of the right to education.
At the same time, thematic analysis was used to identify social patterns emerging from interview This interdisciplinary approach enables a holistic understanding of the gap between legal norms and social realities in the fulfilment of childrenAos right to education in tin mining areas.
RESULTS AND DISCUSSION
Analysis of the Implementation of the Fulfilment of ChildrenAos Right to Education Indonesian Constitution: Cases of School Dropouts Due to Tin Mining at SMK Negeri 1 Tukak Sadai The constitutional guarantee of childrenAos right to education in Indonesia is explicitly stipulated in Article 31 of the 1945 Constitution of the Republic of Indonesia, which states that every citizen has the right to education.
This provision serves as a fundamental basis for various education policies in Indonesia and should ensure equal access to education for all Indonesian children without However, guarantee faces numerous challenges, particularly in regions with specific characteristics, such as tin mining areas in South Bangka Regency.
Bangka Belitung Islands Province.
The analysis of the implementation of childrenAos right to education in the Indonesian Constitution in cases of school dropouts caused by tin mining at SMK Negeri 1 Tukak Sadai can be examined Yundra Saptahadi.
Yandi: An Analysis Of The Fulfilment Of Children's Rights In School.
using Soerjono SoekantoAos theory of legal According to this theory, the effectiveness of law is influenced by five factors: the legal substance itself, law enforcement, facilities and infrastructure, society, and culture (Yusuf, 2.
These five factors are interrelated and constitute the essence of law enforcement, serving as indicators of its effectiveness.
The first factor, namely the legal substance itself, in the context of fulfilling childrenAos right to education in tin mining areas, can be assessed through the completeness and clarity of legal instruments regulating this right.
The Indonesian Constitution, through Article 31 of the 1945 Constitution, provides a strong guarantee of the right to education.
This guarantee is further operationalised through various laws, such as Law Number 20 of 2003 on the National Education System and Law Number 35 of 2014, which amends Law Number 23 of 2002 on Child Protection.
However, upon closer examination, gaps remain in these legal instruments, particularly regarding the protection of childrenAos right to education in areas with special characteristics, such as mining Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 on Mineral and Coal Mining, for example, does not explicitly regulate the protection of childrenAos right to education in mining areas (Al Farisi, 2.
, even though mining activities significantly affect access to and the quality of education.
At the regional level, the provincial regulations of the Bangka Belitung Islands and the local rules of South Bangka Regency have not fully integrated natural resource management policies with education policies.
As a result, potential conflicts between mining activities and the fulfilment of childrenAos right to education cannot be effectively anticipated or resolved.
This situation is regulations related to education and The second factor, law enforcement, refers to authorities and institutions responsible for implementing education policies and managing mining activities.
At the national level, the Ministry of Education.
Culture.
Research, and Technology and the Ministry of Energy and Mineral Resources hold different yet interconnected authorities in fulfilling childrenAos right to education in mining However, coordination between At the regional level, the Education Office and the Energy and Mineral Resources Office of South Bangka Regency face similar coordination challenges due to the absence of a structured coordination mechanism to address school dropout issues in tin mining areas.
Consequently, efforts to protect childrenAos right to education become fragmented and unintegrated.
In addition, the capacity and commitment of policy implementers are In the case of SMK Negeri 1 Tukak Sadai, limited human resources and budget constraints at both the school and institutional levels have hindered the optimal implementation of dropout prevention and intervention programs.
The number of education supervisors responsible for monitoring student LPPM STIH Putri Maharaja Payakumbuh - 256 JCH (Jurnal Cendekia Huku.
: Vol.
No 2.
Year 2025 attendance and dropout risks is also minimal, preventing effective early detection of at-risk students.
The third factor, facilities and infrastructure and access to educational At SMK Negeri 1 Tukak Sadai, the school infrastructure is relatively adequate, with proper buildings and sufficient learning facilities.
However, access to the school presents challenges due to limited public transportation in South Bangka Regency.
Transportation assistance programs, such as school buses, have not reached all areas, particularly remote regions affected by damaged roads caused by tin mining As a result, some students must bear high transportation costs or walk long distances to school, which ultimately reduces their motivation to attend.
The encompasses public awareness and participation in supporting the fulfilment of childrenAos right to education.
In tin mining areas such as South Bangka Regency, societal views on education are heavily influenced by economic realities.
The substantial income generated from tin mining often shifts priorities from education toward short-term financial Interviews with parents of students around SMK Negeri 1 Tukak Sadai indicate that many parents support their children working in tin mines for economic reasons.
Some parents even actively encourage their children to work in mining from a young age.
The belief that Auhigher education does not guarantee a better futureAy remains strong, particularly among tin mining families.
257 - P-ISSN: 2355-4657.
E-ISSN: 2580-1678
At the same time, community involvement in supervising childrenAos activities outside school is also limited.
Communities around tin mining areas tend to be permissive toward school-age children working in mines.
The absence of strong social control mechanisms normalises child labour in mining and diminishes perceptions of its problematic The fifth factor, culture, concerns values and norms related to education and In South BangkaAos tin mining areas, there has been a shift in values regarding Traditionally.
Bangka Belitung communities highly valued education as a means of social mobility.
However, lucrative economic opportunities from tin mining have shifted priorities toward short term economic success rather than long term educational investment.
The emergence of a Auconsumerist cultureAy among adolescents in tin mining areas further contributes to high dropout With relatively high incomes from mining work, adolescents possess greater purchasing power and tend to spend on lifestyle related consumption.
This motivation to work rather than pursue Based on Soerjono SoekantoAos theory of legal effectiveness, it can be concluded that the implementation of the constitutional guarantee of childrenAos right to education in cases of school dropouts due to tin mining at SMK Negeri 1 Tukak Sadai has not been optimal.
Gaps exist across all factors influencing legal effectiveness, including legal substance, law enforcement, infrastructure, society, and culture.
Yundra Saptahadi.
Yandi: An Analysis Of The Fulfilment Of Children's Rights In School.
In addition to legal effectiveness theory, the implementation of childrenAos right to education can also be analysed through John RawlsAo theory of social RawlsAo concept of justice as fairness demands equal access to Social inequalities are justifiable only if they benefit all members of society, particularly the least advantaged (Sari et , n.
In the context of tin mining areas, mining activities should not undermine childrenAos access to education.
The state has an obligation to ensure that economic benefits from mining are not enjoyed only by a few but also contribute positively to the fulfilment of fundamental rights, including education.
However, empirical conditions in South Bangka Regency reveal that tin inequalities in access to education.
Children from mining families, especially those involved in illegal mining (PETI), are often excluded from formal education due to economic, social, and cultural This condition clearly contradicts RawlsAo principle of justice as fairness.
childrenAos constitutional right to education in tin mining areas, a comprehensive, integrated approach is required.
This approach must include regulatory reform that integrates education policy with natural resource interinstitutional coordination, increases public awareness of the importance of education, and develops alternative education programs tailored to mining regions.
From a regulatory perspective, integrating child education protection into mining regulations at both national and regional levels is essential.
Mining permits should include clauses obligating companies to ensure that their operations do not negatively impact childrenAos access to education.
Mining companies should also be required to allocate a portion of their Corporate Social Responsibility (CSR) funds to education programs in affected areas.
Strengthening cross-sectoral coordination forums involving education, energy and mineral resources, social services, and other stakeholders is also These forums can align programs, monitor implementation, and ensure adequate protection of childrenAos educational rights.
Public involving community leaders, religious figures, and local media should emphasise the long term benefits of educational investment and the risks associated with short term income from unsustainable mining activities.
The development of alternative education programs tailored to mining areas is also crucial, including open schooling, distance education, and locally relevant vocational programs.
These motivation and accessibility for children facing geographical and socio economic Through integrated efforts, the gap between constitutional guarantees and practical implementation can be reduced, ensuring that every child in tin mining areas, including those at SMK Negeri 1 Tukak LPPM STIH Putri Maharaja Payakumbuh - 258 JCH (Jurnal Cendekia Huku.
: Vol.
No 2.
Year 2025 Sadai, can fully enjoy their right to education as guaranteed by the Indonesian Constitution.
Analysis of Factors Causing School Dropouts and Legal Protection Efforts The phenomenon of school dropouts among students at SMK Negeri 1 Tukak Sadai, resulting from tin mining activities, constitutes a complex problem influenced by multiple interrelated factors.
analyse these factors, a comprehensive theoretical approach is required to understand the root causes holistically.
The ecological systems theory developed by Urie Bronfenbrenner offers a relevant analytical framework for understanding this phenomenon (Baitur Rohmah & Thorik Aziz, 2.
This theory explains that individual development is influenced environmental systems, ranging from the microsystem .
he closest environments, such as family and schoo.
, the .
nvironments that indirectly affect individual.
, to the macrosystem .
roader cultural and social context.
Within the microsystem context, family factors play a crucial role in the school dropout phenomenon at SMK Negeri 1 Tukak Sadai.
As the smallest social unit, the family should serve as the primary supporter of childrenAos education.
However, the economic conditions of families living in areas with tin mining often encourage parents to involve their children in family economic activities, including working in tin mines (Baitur Rohmah & Thorik Aziz, 2.
According to data from the South Bangka Regency Social Affairs Office, approximately 65% of families in the 259 - P-ISSN: 2355-4657.
E-ISSN: 2580-1678
Tukak Sadai area have at least one family member working in the tin mining sector.
This involvement often begins at an early age, including school age children who work part time after school hours or even leave school to work full-time.
Unstable family economic conditions, driven by fluctuations in tin prices, also contribute in school dropouts.
When tin prices are high, children are attracted to working in mines because of the higher immediate economic returns compared to the long term benefits of education.
Conversely, when tin prices decline, families experience financial hardship and are unable to finance their childrenAos Data from the Central Statistics Agency (BPS) of South Bangka Regency indicate that tin price fluctuations over the past five years have reached 40%, economic stability in mining areas.
Parenting patterns within mining families also contribute to the dropout phenomenon (Fajar, 2.
Long and irregular working hours in tin mining result in many parents having insufficient time to supervise their childrenAos This lack of supervision leads to low motivation to learn and high absenteeism, ultimately resulting in school dropout.
Interviews with guidance counsellors at SMK Negeri 1 Tukak Sadai revealed that students from mining families have absenteeism rates 45% higher than those from families engaged in other occupations.
interactions between family and school also represent a critical factor.
Weak communication and cooperation between schools and parents leads in ineffective early detection and prevention systems for Yundra Saptahadi.
Yandi: An Analysis Of The Fulfilment Of Children's Rights In School.
school dropouts.
The school committee at SMK Negeri 1 Tukak Sadai has not functioned optimally as a bridge between the school and the community.
Only about 40% of parents attend regular meetings between teachers and parents, according to school data.
Consequently, childrenAos educational development is not adequately monitored, and dropout risks cannot be anticipated at an early stage.
At the exosystem level, school policies and the education system that are characteristics of mining areas also contribute to high dropout rates.
The curriculum implemented at SMK Negeri 1 Tukak Sadai is not fully aligned with local needs and potential.
Despite being located in a tin mining area, the school does not yet offer vocational programs in mining or in sustainable, environmentally friendly mineral processing.
As a result, many students and parents perceive formal education as irrelevant to local labour market demands.
Rigid assessment systems that focus solely on academic achievement also pose barriers for some students, particularly those with interests and talents in nonacademic fields.
Students who struggle to meet educational standards tend to feel frustrated and eventually choose to leave Data from the Guidance and Counseling Teacher at SMK Negeri 1 Tukak Sadai indicate that approximately 40% of students who drop out have academic performance below the class From a macrosystem perspective, cultural values and societal perceptions of education in tin mining areas also play significant roles.
There is a widespread perception that working in tin mines provides faster and higher income than jobs that require higher educational The phenomenon of Ausuccess without schoolingAy among economically successful tin miners further reinforces this perception and reduces motivation to continue education.
Moreover, shifts in societal values, driven by the economic influence of tin mining, contribute to rising dropout rates.
Consumptive orientations and hedonistic lifestyles arising from the ease of earning money through mining activities create an Auinstant cultureAy that contradicts the values of education, which require process and patience.
This short-term mindset leads many adolescents to prefer working in mines rather than pursuing continuing education, whose benefits are realised only in the long term.
In addition to ecological systems theory, the analysis of dropout causes can also be understood through Robert K.
Merton's theory of relative deprivation.
This theory explains that deviant behaviour or frustration can arise when individuals compare their circumstances with those of others and perceive In the context of school dropouts at SMK Negeri 1 Tukak Sadai, relative deprivation occurs when school age adolescents compare their minimal or nonexistent income as students with the income of their peers working in tin Data from the academic study by Rohmah and Aziz .
, the income of artisanal tin miners ranges from IDR 150,000 to IDR 300,000 per day, which is significantly higher than the South Bangka Regency Minimum Wage in 2025 of IDR 3,867,600 per month, or LPPM STIH Putri Maharaja Payakumbuh - 260 JCH (Jurnal Cendekia Huku.
: Vol.
No 2.
Year 2025 approximately IDR 128,920 per day.
This significant income disparity creates the perception that schooling is not a viable path to economic success, prompting many adolescents to drop out of school and work in tin mining.
Regarding legal protection efforts to address school dropout issues caused by tin mining, a relevant theoretical approach is the legal protection theory proposed by Philipus M.
Hadjon.
According to this theory, legal protection consists of two forms: preventive and repressive.
In the context of protecting childrenAos right to education, both forms must be implemented simultaneously and in an integrated manner.
Preventive legal protection can be achieved by strengthening regulatory frameworks that specifically govern the protection of childrenAos educational rights in mining areas (Nugraha, n.
Currently, there are no regional regulations in South Bangka Regency that specifically address this issue.
Therefore, initiatives are needed to formulate regional regulations that integrate education with tin mining management.
These obligations for mining companies to contribute to the fulfilment of childrenAos right to education in their operational areas, as well as strict sanctions for companies whose activities disrupt childrenAos access to education.
Furthermore, the integration of educational rights protection clauses into the mining licensing process is essential.
Every mining permit issued should require an assessment of its impact on educational access in the operational area, along with mitigation plans if potential disruptions are identified.
Continuous 261 - P-ISSN: 2355-4657.
E-ISSN: 2580-1678
monitoring mechanisms should also be At the school level, strengthening early detection and dropout prevention systems is crucial.
SMK Negeri 1 Tukak Sadai needs to develop a comprehensive student database containing information conditions, and other dropout risk factors.
This data can serve as a basis for targeted scholarships, counselling, or special assistance for high risk students.
Cross sector coordination must also be strengthened in dropout prevention The Education Office.
Social Affairs Office.
Manpower Office, and Energy and Mineral Resources Office need to establish effective coordination mechanisms to address dropout cases caused by tin mining.
Cross sector coordination forums can serve as platforms to align programs and policies and to monitor their implementation in the In terms of repressive legal protection, law enforcement against practices that violate childrenAos right to education must be enhanced.
One critical area is the enforcement of prohibitions against employing underage children in the mining sector.
Although Law Number 13 of 2003 on Manpower and Law Number 35 of 2014 on Child Protection prohibit such practices, enforcement remains weak.
Strengthening labour inspectors' capacity and increasing inspection frequency at mining sites can serve as initial steps to address this issue.
Additionally, accessible complaint mechanisms for communities, especially children and parents, must be developed.
Yundra Saptahadi.
Yandi: An Analysis Of The Fulfilment Of Children's Rights In School.
Complaint hotlines for violations of childrenAos educational rights can provide channels for reporting practices that disrupt access to education, such as recruiting school age children for mining infrastructure due to mining activities.
Restorative approaches should also be applied in address school dropouts caused by tin mining (Sulistyawati et al.
For children who have already dropped out, alternative education programs such as open schools, equivalency education programs, or community based vocational education can ensure continued access to education outside conventional formal pathways.
In line with legal protection theory, a human rights based approach is also relevant in addressing school dropout issues caused by tin mining.
This approach emphasises principles of nondiscrimination, transparency, and accountability in fulfilling childrenAos right to education.
Through this approach, children in tin mining areas are viewed not as policy objects but as rights holders with legitimate claims to quality education.
A human rights based approach can be implemented through the development of participatory mechanisms that involve students and parents in educational decision making at SMK Negeri 1 Tukak Sadai.
These forums can serve as platforms for expressing needs and aspirations, as well as for active involvement in planning and evaluating education programs.
By integrating preventive and repressive legal protection measures and applying a human rights based approach, it is expected that school dropout issues caused by tin mining at SMK Negeri 1 Tukak Sadai can be addressed comprehensively and sustainably.
This cooperation among various stakeholders, schools, mining companies, communities, students, and parents.
Consequently, the constitutional guarantee of childrenAos right to education can be effectively implemented, even in regions with specific characteristics, such as tin-mining Based on the foregoing discussion, several key analyses can be outlined as Ineffective Implementation of the Constitutional Guarantee ChildrenAos Right to Education The analysis shows that although Article 31 of the 1945 Constitution provides a strong guarantee of childrenAos right to education, its implementation in tin mining areas of South Bangka Regency, particularly at SMK Negeri 1 Tukak Sadai, has not been optimal.
There is a clear gap between legal norms and social realities, as evidenced by the persistently high school dropout rate resulting from childrenAos involvement in tin mining.
Disharmony Between Education and Mining Regulations Existing legal instruments have not comprehensively integrated the protection of childrenAos right to education into mining management policies.
Laws and regional regulations related to mining do not include specific provisions to prevent school dropouts in mining areas, thereby allowing mining activities to potentially LPPM STIH Putri Maharaja Payakumbuh - 262 JCH (Jurnal Cendekia Huku.
: Vol.
No 2.
Year 2025 neglect their impact on childrenAos access to and continuity of education.
Weak Inter Institutional Coordination as an Inhibiting Factor Coordination institutions, particularly between the Education Office and the Energy and Mineral Resources Office at both the central and regional levels, has not been The absence of structured crosectoral coordination mechanisms has led in fragmented, unintegrated efforts to prevent and address school dropout.
Socio Economic Conditions of Mining Communities Dominant Cause The socio economic conditions of communities in tin mining areas contributing to school dropouts.
High short-term income from mining activities creates strong economic incentives for children and families to prioritise short term income over education.
This situation is further exacerbated by fluctuations in tin prices and the economic instability of mining households.
Shifts in Cultural Values and Perceptions of Education A shift in cultural values has occurred within mining communities, where education is no longer viewed as the primary means of social mobility.
Auinstant culture,Ay orientation, and examples of Ausuccess without schoolingAy in the mining sector weaken childrenAos motivation to complete secondary education.
An Education System Not Yet Adaptive to Local Characteristics The curriculum and education system at SMK Negeri 1 Tukak Sadai are not 263 - P-ISSN: 2355-4657.
E-ISSN: 2580-1678
fully aligned with the local context and potential of mining areas.
This mismatch fosters the perception that formal education offers limited direct benefits for students' future economic prospects, thereby increasing the risk of school Suboptimal Preventive Repressive Legal Protection Legal protection efforts for childrenAos right to education, both preventive and repressive, remain weak.
Supervision of the prohibition of child labour in the mining sector has been ineffective.
At the same time, early detection and dropoutprevention mechanisms at the school and regional levels have not been fully Inequality in Access to Education from a Social Justice Perspective From the perspective of John RawlsAo theory of social justice, the situation of school dropouts in tin mining areas reflects structural injustice.
The economic benefits of mining are not distributed fairly and instead exacerbate unequal access to education for the most vulnerable children, contradicting the principle of justice as fairness.
The Need for an Integrated Human Rights-Based Approach The analysis underscores the necessity of a comprehensive and integrated approach that combines regulatory reform, strengthened crosectoral empowerment, and the development of alternative education models.
A human rights-based approach is crucial to ensure that children are recognised as rights holders who must be protected, rather than merely as objects of policy.
Yundra Saptahadi.
Yandi: An Analysis Of The Fulfilment Of Children's Rights In School.
CONCLUSION
The constitutional guarantee of childrenAos right to education in tin mining areas South Bangka Regency, particularly at SMK Negeri 1 Tukak Sadai, has not been optimal, based on Soerjono SoekantoAos The implementation gap is evident across five main factors : .
the legal framework, which has not yet integrated education policy with mining .
law enforcement factors, characterized by fragmented inter agency coordination.
particularly limitations in public transportation access.
societal factors, where communities tend to prioritize short term economic gains from mining over education.
cultural factors, reflecting shifts in values regarding education and These misalignments create a gap between constitutional guarantees and realities on the ground, contradicting John RawlsAo principle of social justice, which emphasises equal access to the fundamental right to education.
The phenomenon of school dropouts at SMK Negeri 1 Tukak Sadai represents a complex issue influenced by the interaction of various environmental systems, as explained BronfenbrennerAos systems theory.
These factors include microsystem conditions .
ining families with limited parenting supervisio.
, mesosystem dynamics .
eak school family communicatio.
, exosystem influences .
curriculum macrosystem factors .
hifts in societal values and perception.
Reinforced by relative deprivation theory, the income disparity between students and tin mining workers .
anging from IDR 150,000 to 300,000 per da.
is a crucial driver of school dropouts.
Addressing this issue requires comprehensive legal protection that integrates preventive measures .
trengthening regulations and early detection system.
and repressive measures .
nforcement of prohibitions on child labou.
, supported by a human rights based approach that emphasises the active participation of all stakeholders.
ACKNOWLEDGMENTS
The author would like to express the deepest gratitude to Universitas Pertiba Pangkalpinang opportunity and support throughout the research process and the preparation of this manuscript.
Appreciation is also extended to:
The Dean of the Faculty of Universitas Pertiba Pangkalpinang for granting permission and providing administrative support during the implementation of the research.
Dr Yandi.
SH.
MH, as the academic supervisor, for dedicating time, effort, and thought in providing guidance, direction, and invaluable advice throughout the research process and until the completion of this manuscript.
All lecturers and staff of Universitas Pertiba Pangkalpinang for the knowledge and assistance provided during the period of study.
LPPM STIH Putri Maharaja Payakumbuh - 264 JCH (Jurnal Cendekia Huku.
: Vol.
No 2.
Year 2025 Fellow students who offered moral support and engaged in intellectual discussions during the research The author realises that this manuscript could not have been completed without the assistance and support of the aforementioned parties.
is hoped that this research will contribute beneficially to the development of knowledge and to society in general.
Failin.
Yuserlina.
, & Ibrahim.
PROTECTION
CHILDRENAoS
RIGHTS
AND
WOMENAoS RIGHTS AS PART OF HUMAN RIGHTS IN INDONESIA
THROUGH RATIFICATION OF
INTERNATIONAL
REGULATIONS.
JCH
(Jurnal Cendekia Huku.
, 7.
, 312.
https://doi.
org/10.
33760/jch.
REFERENCES