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Analisis Yuridis Terhadap Hak Atas Ganti Rugi Immateriil Bagi Peserta Didik Penyandang Disabilitas Yang Ditolak Sekolah

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Fulfillment of the right to education for students with disabilities is a legal obligation
guaranteed by the constitution and regulated in various laws and regulations. However, in
practice, educational institutions still encounter rejections due to limited facilities and
human resources. This raises legal issues in the form of violations of the right to education
and civil liability for immaterial losses experienced by students and their parents. This study
aims to determine the legal regulations regarding the obligations of educational institutions
in accepting students with disabilities and to examine the legal remedies that can be taken
to claim immaterial compensation due to such rejections. The research method used is
normative juridical with a statutory and conceptual approach through a review of relevant
legal norms, doctrines, and civil law principles. The results of the study indicate that
educational institutions' obligations are binding, so that rejection without a valid reason
cannot be justified. Such actions contradict the principle of non-discrimination and fulfill the
elements of an unlawful act as stipulated in Article 1365 of the Civil Code. The legal
consequences that arise are not only administrative violations, but also immaterial losses
in the form of psychological suffering, feelings of discrimination, and disruption to the
development of students. Based on these results, it can be concluded that educational
institutions can be held civilly liable, including the obligation to provide compensation for
immaterial damages. Therefore, strengthened oversight and consistent law enforcement
are needed to ensure the protection of educational rights for persons with disabilities.
Keywords: Inclusive Education, Persons with Disabilities, Unlawful Acts, Civil
Liability.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

089 PDT2026 LIS a

Penerbit

Malang : Fakultas Hukum Universitas Merdeka Malang., 2026

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

089 PDT2026

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Tipe Media

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Tipe Pembawa

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Edisi

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Pernyataan Tanggungjawab

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