Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Al-Usrah : Jurnal Al-Ahwal As-Syakhsiyah Scientific Journal for Nation Building
Faisar Ananda
Universitas Islam Negeri Sumatera Utara, Medan
Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
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.
FINANCIAL INDEPENDENCE AS THE BASIS FOR THE TERMINATION OF A FATHER’S CHILD SUPPORT OBLIGATION: AN ANALYSIS OF PROTECTIONS FOR CHILDREN WITH DISABILITIES Wike Sundari; Faisar Ananda
Al-Usrah : Jurnal Al Ahwal As Syakhsiyah Vol 14, No 1 (2026): AL-USRAH: JURNAL AL AHWAL AS SYAKHSIYAH
Publisher : Universitas Islam Negeri Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/al-usrah.v14i1.30400

Abstract

This study investigates the legal framework of financial independence as a criterion for ending a father's duty to support his children, through the lenses of Islamic law and Indonesian positive law, and evaluates the sufficiency of this concept in safeguarding the rights of children, especially those with disabilities. The used research approach is normative legal research, which focuses on the examination of legal norms within legislation, doctrine, and other pertinent legal documents. The methodologies used consist of the statutory approach, the conceptual approach, and the comparative approach. The sources of legal materials include fundamental legal resources such as legislation and Islamic law sources (the Qur'an, Hadith, and scholarly views), along with secondary legal materials including books, academic journals, essays, and pertinent expert opinions. Data analysis was performed qualitatively using descriptive-analytical techniques. The study's findings reveal that neither Islamic law nor Indonesian positive law establishes a definitive age restriction for the cessation of assistance; instead, it is contingent upon the child's economic capacity for independent living. In Islamic jurisprudence, this is shown in the principles of al-kasb and al-i‘timād ‘ala al-nafs, but in Indonesian law, it is encapsulated in the expression “able to stand alone” as articulated in Article 45 paragraph (2) of the Marriage Law. Nonetheless, the notion of financial freedom cannot be universally applied, since not all children possess the same capacity to attain economic autonomy, particularly those with impairments who face enduring limits. Consequently, this idea must be comprehended with flexibility and contextuality, while maintaining a focus on the principles of justice and the safeguarding of children's rights.
Co-Authors Indra Pratama Wike Sundari