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Umair Umair; Dudung Hidayat; Raden Handiriono

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The development of stand-up comedy as part of the creative industry raises legal issues regarding the protection of materials that are often duplicated and distributed without authorization. This study examines the legal qualification of stand-up comedy material as a copyrighted work and the form and scope of copyright protection provided under Indonesian law. This research aims to analyze the legal status of stand-up comedy material and the protection granted to it. The method used is normative juridical research with statutory and comparative law approaches. The results show that stand-up comedy material fulfills the requirements of a protected work as it contains originality and has been expressed in a tangible form. It is classified as a literary work in the form of oral expression as well as a performing art under Law Number 28 of 2014 on Copyright. The protection covers both moral rights and economic rights; however, its implementation remains weak, especially in the digital era where violations such as re-uploading and unauthorized recording are prevalent. In conclusion, stand-up comedy material has a strong legal basis for protection, but further efforts are needed in law enforcement and public awareness to ensure effective protection.

Putri Rut Sri Jaya Lubis; Putri Dwi Rahmadani; Izumi Bernadetta Gultom

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study analyzes the juridical transformation of freedom of expression after the enactment of Law Number 1 of 2024 as the second revision of the Electronic Information and Transaction Law (ITE Law). The main focus of the research is the reconstruction of defamation offenses from Article 27 paragraph (3) to Article 27A, as well as its implications for constitutional guarantees in Article 28E paragraph (3) of the 1945 Constitution. The method used is normative juridical with legislative, conceptual, and case approaches. The case study of the case of Haris Azhar and Fatia Maulidiyanti is used as a limited empirical analysis. The results of the study show that even though Law No. 1 of 2024 has narrowed insults to absolute complaints, the formulation of norms that are still multi-interpreted, especially in the phrase "attacking honor", still has the potential to threaten freedom of expression and create a chilling effect in the digital space. In addition, the lack of clear parameters regarding public criticism and personal insults creates legal uncertainty. Therefore, consistent interpretation guidelines and harmonization with human rights principles are needed so that the protection of citizens' constitutional rights is guaranteed.

Riska Aulia; Caesya Nur Amarha; Syifa Aurelia

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Human rights are fundamental rights inherent to every individual from birth and are guaranteed under statutory laws and regulations. These rights are universal in nature, inherent to every person, and must be respected, protected, and fulfilled by the state as well as all elements of society. However, in practice, various conditions continue to trigger human rights violations committed by both individuals and state officials. This phenomenon indicates that the protection of human rights still faces numerous challenges in its implementation. This study aims to examine the relationship between law enforcement officers and civilians, determine the extent to which the actions of law enforcement officers can be categorized as human rights violations, and analyze the mechanisms of oversight and accountability in handling cases of human rights violations. This study employed a qualitative approach using a case study method to obtain an in-depth understanding of the phenomenon under investigation. The data were analyzed descriptively to illustrate the relationship between law enforcement officers and civilians within the context of human rights protection. The findings reveal that power asymmetry is one of the main factors contributing to the abuse of authority by law enforcement officers. This condition subsequently increases the potential for human rights violations and underscores the importance of effective oversight and accountability in ensuring that law enforcement officers perform their duties and exercise their authority in accordance with applicable legal provisions.

Muhammad Rizwar Azis; M. Dwi Agam Rifa’i; Fauzan Ainur Habib; Dera Jaidda Dzahabiyyah

This study discusses the concept of polygamy from the perspectives of Islamic law and positive law in Indonesia, focusing on the principles of justice and its impact on women and families. Polygamy is one of the issues in fiqh munakahat that continues to generate debate because it is considered closely related to patriarchal culture, gender inequality, and violence against women. This study aims to analyze the legal basis of polygamy in the Qur’an, the views of scholars of tafsir and fiqh regarding polygamy, as well as the regulation of polygamy in Indonesian legislation. This study employs a library research method with a normative-sociological approach. Data sources were obtained from books of tafsir, fiqh, hadith, Islamic legal literature, and laws and regulations related to marriage in Indonesia. The findings indicate that Islam permits polygamy under very strict conditions, particularly regarding the husband’s ability to act justly both materially and emotionally. However, justice in emotional aspects and affection is considered very difficult for ordinary people to achieve, as emphasized in Qur'an Surah An-Nisa verse 129. In Indonesian positive law, the primary principle of marriage is monogamy, while polygamy is only permitted under certain circumstances with administrative requirements and court approval. This study concludes that the practice of polygamy in the modern era should be understood contextually by considering aspects of public welfare (maslahah), the protection of women’s rights, family justice, and the primary objectives of Islamic law in establishing a harmonious family characterized by sakinah, mawaddah, and rahmah.             

Vina Rosalinda; Sabar Podu; Amri Amri

Child support rights after divorce constitute a fundamental right that must be protected to ensure children's welfare and development. However, many children do not receive adequate financial support because parents, particularly fathers, fail to fulfill their obligations after divorce. This study aims to analyze the legal regulation of child support rights after divorce and examine the legal protection available when these rights are neglected. The research employs normative legal research using statutory and conceptual approaches. Legal materials were collected through library research, including legislation, legal literature, scholarly journals, and relevant court decisions. The findings show that Indonesian law provides a comprehensive legal framework through the Marriage Law, the Child Protection Law, and the Compilation of Islamic Law, all of which affirm that divorce does not terminate parental responsibilities. Under Islamic law, the obligation to provide child support remains with the father. Legal protection is available through civil and criminal mechanisms, including enforcement claims and criminal liability for child abandonment. However, weak law enforcement, limited supervision of court decisions, and low legal awareness continue to hinder effective protection. Strengthening enforcement, increasing legal awareness, and enhancing state involvement are essential to ensure the fulfillment of child support rights after divorce.

Husnul Furqon; Sukiati Sukiati; Iwan Nasution

Jurnal Hukum, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

This study analyzes the minimum age of marriage in Islamic jurisprudence and compares it with the positive law regulations in Indonesia and Malaysia. Using a normative legal method with comparative and conceptual approaches, the study draws on primary sources, including the Qur'an, hadith, Law Number 16 of 2019 on Marriage in Indonesia, and the Islamic Family Law (Federal Territories) Act 1984 in Malaysia. The analysis focuses on how Islamic legal principles concerning marriage eligibility are interpreted and incorporated into contemporary legal frameworks in both countries. The findings reveal that Islamic jurisprudence (fiqh) associates marital readiness with the concept of baligh (puberty) without prescribing a specific numerical age, whereas state law establishes fixed minimum age requirements to safeguard the rights and welfare of women and children. Indonesia sets the minimum marriage age at 19 years for both males and females, while Malaysia prescribes 18 years for males and 16 years for females, with judicial dispensation available in both jurisdictions under certain circumstances. These legal arrangements demonstrate each country's effort to harmonize classical Islamic jurisprudence with contemporary social protection objectives through institutional ijtihad, reflecting a balance between religious principles, legal certainty, and public welfare in regulating marriage.

Rifki Rifki

Jurnal Ilmu Kesehatan 2026 Lembaga Pengembangan Kinerja Dosen

Adolescents face significant barriers in accessing reproductive health services due to fears of privacy breaches and social stigma. In primary healthcare facilities, healthcare professionals are often trapped in a dilemma between the obligation to maintain medical confidentiality based on professional ethics and national regulatory demands requiring parental involvement for underage patients. This study aims to analyze the practice of protecting adolescent patient data privacy at Mardi Saras Primary Clinic and identify the gap between practical implementation and the norms of medical ethics and applicable legal regulations. This study employs a socio-legal research method with a qualitative approach. Data were collected through in-depth interviews with doctors and nurses, observation of service procedures, and study of the clinic's Standard Operating Procedures. The results indicate that although Mardi Saras Primary Clinic has implemented basic confidentiality protocols such as closed consultation rooms, there are substantial weaknesses in informed consent management, which still heavily relies on parental presence for all adolescent cases. This practice is driven by healthcare professionals' fear of legal risks, thereby ignoring the principle of developing autonomy in adolescents. These findings indicate a disparity between rigid administrative compliance and the spirit of protecting adolescent health rights within national regulations. The implication of this study underscores the urgency of developing specific SOPs that are sensitive to adolescent rights, as well as the need for continuous training for healthcare professionals regarding the legal and ethical boundaries of maintaining confidentiality for underage patients without compromising legal safety aspects.

Wilma Silalahi; Fitri Natasha Dachi

Jurnal Hukum, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

The development of Artificial Intelligence (AI) technology has created various digital innovations, but it has also generated new forms of crime through the misuse of deepfake technology. This study aims to analyze the legal liability of social media platforms for the dissemination of AI-based deepfake content and the forms of legal protection for victims of digital fraud, particularly elderly groups, in the case of the “magical money ritual” scam using the identity of Ujang Busthomi. This research employs normative legal research methods using statutory and case approaches. The results show that perpetrators of deepfake fraud can be held criminally liable under Article 28 paragraph (1) in conjunction with Article 45A paragraph (1) of the Electronic Information and Transactions Law and Article 378 of the Indonesian Criminal Code concerning fraud. In addition, social media platforms as Electronic System Providers also bear preventive and repressive responsibilities under the ITE Law, Government Regulation on Electronic Systems and Transactions, and the Personal Data Protection Law to prevent the spread of illegal content. Legal protection for victims is carried out through criminal law enforcement, personal data protection, restitution mechanisms, and the enhancement of digital literacy in society.

Hendro Widodo; Subianta Mandala

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2026 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Bankruptcy can no longer be understood solely as a mechanism for liquidating assets to meet debtor obligations, but has evolved into a restructuring instrument that directly impacts corporate governance and stakeholder protection. This study aims to analyze how bankruptcy functions as a corporate restructuring mechanism, how this process influences the redistribution of power in corporate governance, and the extent to which the bankruptcy legal system provides balanced protection for various stakeholders. The research method used is normative legal research with a statutory, conceptual, and limited comparative approach. The analysis is conducted on the provisions of Law Number 37 of 2004 concerning Bankruptcy and PKPU (Investment Suspension) and regulations related to corporate governance, combined with theoretical studies on fiduciary duty, stakeholder theory, and the corporate rescue paradigm. The results illustrate that bankruptcy functions as a governance restructuring mechanism that transfers control from the board of directors to the curator and creditor forum, thereby creating a redistribution of power within the company. The dominant creditor primacy orientation has the potential to create an imbalance in protection for non-creditor stakeholders, including workers and other economically impacted parties. These conditions indicate the need for normative reconstruction, including redefining fiduciary obligations during the insolvency phase, strengthening stakeholder protection, and harmonizing corporate governance principles with the insolvency law regime. This research is expected to contribute academically to the development of a bankruptcy model that is not solely focused on debt resolution but also considers aspects of business sustainability and substantive justice in modern corporate governance.

Whendy Brasilianna; Wieke Dewi Suryandari; Mohamad Tohari

Jurnal Hukum, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

Discrimination in the workplace is a problem that can hinder the creation of a fair and inclusive work environment. Discrimination can take the form of differential treatment of employees based on gender, race, religion, disability, sexual orientation, or other factors unrelated to individual performance and competence. To address this issue, the law plays a crucial role in providing employee protection to ensure equality and non-discrimination in the workplace. Various legal instruments, both national and international, regulate employee protection from discrimination, including the Employment Law, the Human Rights Law, and conventions issued by the International Labour Organization (ILO). However, the effective implementation of these regulations remains a challenge, particularly in terms of implementation, enforcement, and employee awareness of their rights. This study aims to analyze the role of law in protecting employees from discrimination in the workplace by examining applicable regulations and the challenges in their implementation. The research method used is a normative juridical method, which focuses on the study of relevant laws and legal principles. The analysis is conducted on national legal provisions and international legal instruments as references for protecting workers from discrimination. Furthermore, this study identifies barriers to legal implementation and offers recommendations to improve the effectiveness of legal protection for employees. This analysis is expected to provide insight into the urgency of regulatory reform and strengthening so that the law can play an optimal role in creating a fairer and more discrimination-free work environment.

Lestari Wulandari S; Ferinandus Leonardo Snanfi; Rif’iy Qomarrullah; Muhamad Thoif; Milcha H. Tammubua

Jurnal Pelayanan dan Pengabdian Masyarakat Indonesia (JPPMI) 2026 Sekolah Tinggi Ilmu Administrasi Yappi Makassar

The rapid growth of e-commerce among university students has provided greater convenience in conducting digital transactions. However, it has also created various challenges, including online fraud, discrepancies between advertised and delivered products, delayed shipments, and limited understanding of consumer rights and dispute resolution mechanisms. This community service program aimed to enhance legal literacy and increase students’ awareness of consumer protection in electronic transactions, particularly within the Faculty of Teacher Training and Education (FKIP) of Yapis University Papua. The program employed an educational-participatory approach through counseling sessions, interactive discussions, case simulations, and participant comprehension evaluations. The materials covered consumer rights and obligations, common violations in electronic transactions, complaint procedures on e-commerce platforms, and non-litigation dispute resolution mechanisms. The results demonstrated a significant improvement in students’ understanding of consumer protection laws, their ability to identify violations of consumer rights, and their knowledge of appropriate actions when disputes arise in online shopping transactions. Furthermore, participants showed strong engagement throughout the activities and were able to apply their knowledge effectively during case simulations. The program contributed to the development of more critical, informed, responsible, and legally aware digital consumers who are better prepared to engage safely and confidently in e-commerce activities.

Muhamad Yusniza Mahendra; Kasih Aprilia

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Parental violence against children constitutes a serious violation of their human rights, as guaranteed by Article 5 of the 1948 Universal Declaration of Human Rights and Article 19 of the 1989 Convention on the Rights of the Child. It is also contrary to Indonesia’s family law system, as set out in Law No. 35 of 2014 on Child Protection. This study aims to analyse the forms of such violence and formulate a holistic, restorative strategy to restore children’s human rights. Using a normative-empirical approach involving the analysis of legal documents, court rulings and 2023 data from the National Commission on Violence Against Women (Komnas Perempuan), which recorded 45,000 cases annually (60% of which involved parents as perpetrators), it was found that effective strategies include medical and psychological rehabilitation via P2TP2A and TF-CBT, and restorative justice through mediation under Supreme Court Regulation (Perma) No. 4 of 2019. Socio-economic support, such as the PKH programme, is also crucial. The main obstacles are patriarchal culture and a regulatory vacuum regarding the KHI. The conclusion emphasises the need for cross-sectoral commitment and makes recommendations including the introduction of mandatory parental counselling, prioritisation of court mediation, sub-district recovery units and large-scale public awareness campaigns. This study contributes to the strengthening of child protection within Indonesian family law.

Risca Dara Mutiara; Cecep Darmawan; Kanigara Hawari

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

People with disabilities still face various barriers in exercising their equal rights, including in accessing public facilities and tourism sites. This study aims to analyze the factors that support and hinder the implementation of Cimahi City Regulation No. 20 of 2018 on the Protection and Fulfillment of the Rights of Persons with Disabilities, particularly at tourist attractions in Cimahi City. The approach used is qualitative, employing a case study method to explore the phenomenon of policy implementation in depth using various data sources. The research findings indicate that supporting factors include strong legal legitimacy, the local government’s political commitment, coordination across Local Government Agencies (LGAs), the use of social media for outreach, and the involvement of the disability community in the planning process. Meanwhile, inhibiting factors include budget constraints, suboptimal accessibility facilities, a weak database system for disability needs, uneven public outreach, low empathy among tourism managers, and weak enforcement of sanctions. This study implies the need for strengthened oversight, optimization of resources, massive legal education, and a shift in mindset to achieve substantive inclusivity.

Adiesta Zuhdi Rifki Ma’ruf; Hanuring Ayu; Nourma Dewi

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The use of firearms by the Indonesian National Police (Polri) to incapacitate criminals constitutes an exercise of state authority in maintaining public security and order. However, their use often raises legal concerns regarding the limits of police authority, the protection of human rights, and the legal accountability of officers. This study aims to analyze the position of Polri in the use of firearms and to examine the forms of legal responsibility arising from the abuse of such authority.This research employs a normative legal method using statutory and conceptual approaches. Primary, secondary, and tertiary legal materials were analyzed qualitatively. The study focuses on relevant regulations, including Law Number 2 of 2002 concerning the Indonesian National Police, regulations governing the use of force in police actions, and human rights principles in law enforcement. The findings show that the authority to use firearms is an attributive power granted by law to support Polri’s functions of protection, public service, and law enforcement. Firearms may only be used in specific situations as a measure of last resort (ultimum remedium), while adhering to the principles of legality, necessity, proportionality, and accountability. Responsibility for misuse may involve administrative, criminal, and civil liability. Strengthening oversight, improving professionalism, and refining regulations are essential to balance effective law enforcement with human rights protection.

Arikatul Faizah; Zaini Zaini; Mohammad Nurul Huda

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study aims to analyze legal protection for auction winners of mortgage rights within the framework of Indonesian laws and regulations. The auction of mortgage rights serves as a mechanism for executing secured collateral with binding legal force; however, in practice, it often raises legal issues, particularly concerning legal certainty and protection for auction winners. This research employs a normative juridical method using statutory and conceptual approaches. The findings indicate that legal protection for auction winners has been regulated under various laws, including the Mortgage Law, auction regulations, and provisions governing collateral execution. Nevertheless, challenges remain in its implementation, such as lawsuits filed by debtors or third parties that hinder the transfer and control of auctioned objects. This condition reflects a discrepancy between legal norms and their practical application. Therefore, strengthening regulations and ensuring consistency among law enforcement authorities are necessary to guarantee legal certainty and protection for auction winners. This study is expected to contribute to the development of secured transactions law and the improvement of auction practices in Indonesia.

Ulfa Dahlia; Bambang Panji Gunawan; Ahmad Heru Romadhon

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The Comprehensive Systematic Land Registration Program (Pendaftaran Tanah Sistematis Lengkap (PTSL) is a government initiative aimed at providing legal certainty regarding land rights by accelerating land registration in Indonesia. However, in its implementation, various administrative problems have been identified that result in the issuance of Certificates of Ownership (SHM) with administrative defects, particularly regarding land that previously held a Right to Build (Hak Guna Bangunan (HGB) or a title deed in the form of a Deed of Sale and Purchase (Akta Jual Beli (AJB). This study aims to analyze the mechanism for canceling SHMs due to administrative errors in the implementation of the PTSL and the forms of legal protection available to parties harmed by the issuance of such administratively defective SHMs. The research method employed is normative legal research using a statutory approach and a case-based approach. The results of the study indicate that the cancellation of SHM due to administrative defects can be carried out through administrative mechanisms at the National Land Agency or through a lawsuit in the Administrative Court. Examples of administrative errors by the PTSL committee include errors in the verification of legal data, failure to conduct a land history investigation, errors in the measurement of land parcels, and disregard for the rights of other parties who previously held HGBs or AJBs. Legal protection for aggrieved parties is provided through administrative remedies, civil lawsuits, administrative court actions, and the blocking of problematic certificates. Holders of a previously issued Deed of Sale (AJB) have the legal standing to seek the cancellation of a Certificate of Ownership (SHM) issued in another party’s name, as the AJB serves as authentic evidence demonstrating a legal relationship to the land in question.

Seni Kamalia Rizki Fathullah

Jurnal Hukum dan Sosial Politik 2026 International Forum of Researchers and Lecturers

Regulatory overlap between the Electronic Information and Transactions Law, the Pornography Law, and the Sexual Violence Crimes Law in the handling of online gender-based violence (KBGO) in Indonesia creates a conflict of norms that results in double victimization. This normative legal study aims to identify the concrete forms of victim sacrifice resulting from overlapping regulations and to critique the inability of conflict-resolution mechanisms to address these conflicts through the principle of lex specialis systematica from a substantive justice perspective. The findings reveal four forms of victim sacrifice: victim criminalization, the length of the judicial process, inconsistencies in court rulings, and the failure to fulfill the right to restitution and the right to be forgotten. This study also concludes that the lex specialis systematis principle is inadequate because its dogmatic approach disregards the interests of victims, requires time and expertise that ordinary victims lack, and is not consistently applied in courts. This study recommends a paradigm shift from a dogmatic approach to a victim-centered approach.

Lizy Marchelina Butarbutar; Nur Wulan Ramadhani

Jurnal Hukum dan Sosial Politik 2026 International Forum of Researchers and Lecturers

The pollution of the Ciliwung River caused by urban and commercial activities has become an increasingly critical environmental issue, reflecting the weak effectiveness of environmental law enforcement in urban areas. This condition is evident in the area surrounding Seasons City Mall, where ecological pressure resulting from domestic waste and commercial activities has contributed to the deterioration of river water quality. This study aims to analyze the implementation of environmental law enforcement, identify the obstacles to controlling pollution in the Ciliwung River, and formulate strategies for optimizing sustainable environmental protection. The research employs a qualitative approach using normative juridical and empirical methods through observation, interviews, documentation, and literature review. The findings reveal that environmental law enforcement has been implemented through administrative supervision and waste control mechanisms; however, its effectiveness remains limited due to weak inter-agency coordination, inadequate monitoring capacity, low compliance among business actors, and limited public participation. This study concludes that strengthening integrated supervision, enforcing consistent legal sanctions, and enhancing collaboration among government institutions, business sectors, and communities are essential to achieving sustainable pollution control and environmental protection of the Ciliwung River.

Abdul Rahman Hamid; Abdul Aziz Tambunan; Martini Anwar; Annisa Rahmi Faisal

Faedah : Jurnal Hasil Kegiatan Pengabdian Masyarakat Indonesia 2026 FKIP, Universitas Palangka Raya

This community service activity was carried out to strengthen the advocacy capacity of the Pari Island community, Seribu Islands, DKI Jakarta, in defending their rights to land and living space from corporate claims of control. The problems faced by the community are not only related to land disputes, but also include social pressure, community polarization, threats of eviction, economic weakening, and damage to coastal ecosystems due to reclamation activities. The community service activity was carried out through participatory dialogue, problem mapping, strengthening legal literacy, discussions on advocacy strategies, and the formulation of a sustainable assistance model with the community. The results of the activity indicate that the Pari Island community has carried out various forms of advocacy, including collective action, collaboration with civil society organizations, media publications, legal assistance, institutional complaints, and environmental advocacy. However, this advocacy still needs to be strengthened through internal consolidation, documentation of intimidation, strengthening the community economy, mangrove protection, and strengthening the community's mental health. This article offers the concept of advocacy for living space resilience as a model for assisting small island communities. This model combines legal, social, media, environmental, economic, psychological, and community-based documentation advocacy. With this approach, community service serves not only as an outreach activity but also as a socio-legal assistance process that strengthens community resilience in the face of long-term agrarian and ecological conflicts.

Elistiana Elistiana; Elsa Mayori

Jurnal Pendidikan Anak Usia Dini dan Kewarganegaraan 2026 Asosiasi Riset Ilmu Pendidikan Indonesia

This study examines the legal protection of children's rights to inclusive education and its implications for the institutional governance of Early Childhood Education (ECE) in Indonesia. A normative juridical method with a descriptive-qualitative library-based approach is used to evaluate the coherence between macro-level child protection regulations and operational standards for school management. The data are entirely secondary, sourced from statutory laws, ministerial regulations, and pertinent scientific literature. The findings reveal a fundamental tension: the constitutional rights of children with special needs to access non-discriminatory ECE are robustly guaranteed by the 1945 Constitution, Law No. 35/2014 on Child Protection, and Law No. 8/2016 on Persons with Disabilities, yet a wide gap persists at the implementation level. This discrepancy arises because derivative ECE governance instruments including accreditation frameworks and curriculum standards still frame inclusion readiness as a voluntary component rather than a binding obligation. Consequently, ECE institutions encounter systemic barriers in human resource management, physical accessibility, and curricular flexibility. The study underscores the urgency of transitioning ECE management toward a Human Rights-Based Approach (HRBA) and recommends that the Ministry of Basic and Secondary Education reform accreditation instruments by embedding inclusive indicators as mandatory prerequisites for institutional feasibility, thereby aligning administrative governance with the fulfillment of children's constitutional rights.