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All Journal Journal of Islamic Education and Law Scientific Journal for Nation Building
Indra Pratama
Universitas Islam Negeri Sumatera Utara, Medan
Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Sejarah Perlindungan Anak Dalam Perkembangan Hukum Internasional dan Hukum Nasional Indonesia Indra Pratama; Faisar Ananda
Scientific Journal for Nation Building Vol. 2 No. 1 (2026): Scientific Journal for Nation Building
Publisher : Yayasan Nanggroe Aceh Mulia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66155/zbyybz62

Abstract

Child protection constitutes an integral part of the human rights system and has undergone significant development in response to social, political, and legal transformations across various countries. In the early development of legal systems, children were primarily regarded as objects under the authority of the family and had not yet been recognized as independent rights holders. As global awareness of the need to protect vulnerable groups increased, various international legal instruments began to regulate children's rights specifically. This study aims to examine the historical development of child protection in international law and Indonesian national law, as well as to analyze the paradigm shift in the concept of child protection. The research employs a normative legal method using both historical and statutory approaches. The findings indicate that the development of child protection at the international level began with the Geneva Declaration of the Rights of the Child (1924), continued through the Declaration of the Rights of the Child (1959), and reached a more comprehensive framework with the Convention on the Rights of the Child (1989). In Indonesia, the evolution of child protection has been marked by the strengthening of constitutional guarantees, the ratification of the Convention on the Rights of the Child through Presidential Decree No. 36 of 1990, and the enactment of various laws and regulations specifically governing children's rights and legal protection. These developments demonstrate a fundamental paradigm shift from a welfare-based approach to a rights-based approach that recognizes children as legal subjects possessing rights that must be respected, protected, and fulfilled.
Poligami Dalam Perspektif Hukum: Studi Perbandingan Hukum Islam Dan Hukum Positif di Indonesia Indra Pratama; Sukiati; Iwan
Journal of Islamic Education and Law Vol. 2 No. 2 (2026): Journal of Islamic Education and Law
Publisher : Yayasan Nanggroe Aceh Mulia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66155/53hp2s71

Abstract

This paper aims to examine the psychological dilemma of conflicting feelings, thoughts, or emotions toward an object, person, or situation. This study examines the regulation of polygamy through a comparative study of Islamic law, Indonesian positive law, and the legal frameworks of Western European countries. Polygamy remains a crucial issue, intersecting the domains of theology, human rights, and public policy. The fundamental difference between these three systems lies in their philosophical emphasis: Islamic law focuses on moral justice, Indonesian law on administrative legality, and Western Europe on secularism and universal gender equality. This study concludes that, despite these stark differences, global legal trends are shifting toward protecting the domestic rights of women and children, regardless of the legal status of polygamy itself.
Co-Authors Faisar Ananda Iwan Sukiati