Fulfilling the Right of Education during Covid-19 Pandemic Period: A Comparative Study

Abstract

The right of education for citizens has been fulfilled diversely following the government policies. This study aimed to emphasize the importance of the education right and the imposition of criminal sanctions in order to protect the right of education during the Covid-19 Pandemic particularly in Indonesia, Japan and Australia. Normative juridical research methods described that government policies as outlined in the legislation constantly followed by criminal sanctions. The concept of education right was understood in a different way during the Covid-19 pandemic, as one of the derogable-right or adapted human right. As result, three countries understanding the right of education as a basic human right even during the pandemic period related to right of education. For its fulfillment, some education right uses criminal sanctions as an ultimum remidium like Indonesia dan Australia or does not impose criminal sanctions at all like Japan.