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Women's Rights as Human Rights: A Critique of the Patriarchal Perspective in the Legal System and Its Implementation in Indonesia Muhammad Ramadhan; Ghina Angelina Quraeny
AT-TAFAHUM: Journal of Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v6i2.29031

Women's rights constitute an inseparable part of human rights and are recognized in both Islamic teachings and international human rights instruments. Islam upholds the principles of justice, equality, freedom, and mutual respect, affirming that all human beings are equal before Allah, with piety serving as the only measure of distinction. Despite these principles and the existence of numerous international conventions and national legal frameworks, women continue to experience discrimination, violence, and unequal access to political, economic, educational, and social opportunities. This study aims to examine women's rights from the perspectives of Islamic law and the Indonesian legal system while identifying the challenges that hinder the effective realization of gender equality. The research employs a normative juridical approach using descriptive-analytical methods. Data were collected through library research by analyzing primary legal materials, including the 1945 Constitution of the Republic of Indonesia, Law Number 39 of 1999 concerning Human Rights, Law Number 23 of 2004 concerning the Elimination of Domestic Violence, the Universal Declaration of Human Rights (UDHR), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and relevant secondary sources such as books and scholarly journals. The findings reveal that Indonesia has established a comprehensive legal framework to protect women's rights in areas such as politics, citizenship, education, employment, health, legal capacity, and marriage. However, the implementation of these legal protections remains constrained by deeply rooted patriarchal culture, gender stereotypes, institutional barriers, socio-economic inequality, and limited political participation. Moreover, the traditional human rights approach often fails to adequately recognize violence occurring within the domestic sphere as a human rights issue. Therefore, strengthening legal enforcement, promoting gender-sensitive public policies, enhancing women's empowerment, and transforming patriarchal cultural values are essential to ensuring the effective protection and fulfillment of women's rights. These efforts are necessary to achieve substantive gender equality and uphold human dignity in accordance with both Islamic principles and universal human rights standards.

Legal Understanding of Medan City Suburbs Regarding Employed Children Case Study Analysis in West Medan District Muhammad Ramadhan; Muhammad Luthfi Daulay
AT-TAFAHUM: Journal of Law Vol 3, No 2 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v3i2.29161

Indonesia as a state based on the rule of law guarantees the protection and fulfillment of human rights, including children’s rights and the right to decent work as regulated in the 1945 Constitution. However, despite legal protections, child labor remains a persistent issue influenced by economic, social, cultural, and environmental factors. Children who should spend their time learning, playing, and developing physically and mentally are often forced to work due to poverty, family pressure, cultural values, and limited legal awareness. This condition may expose children to exploitation, unsafe working environments, limited educational opportunities, and psychological as well as physical harm. This research aims to analyze legal protection for child laborers, factors causing children to work at an early age, psychological impacts experienced by child workers, and legal sanctions against employers who violate labor regulations. The study employs an empirical legal research method using observation and interviews supported by library research through primary legal materials, legislation, and secondary legal references. The findings indicate that economic hardship is the dominant factor encouraging child labor, while weak legal awareness and cultural acceptance also contribute significantly. Child labor negatively affects children’s physical growth, cognitive development, psychosocial conditions, and access to education. Indonesian laws, particularly Law Number 13 of 2003 concerning Manpower, provide protection and criminal sanctions against violations involving child labor. Therefore, strengthening legal enforcement, increasing public legal awareness, improving educational access, and enhancing government supervision are necessary to reduce child labor and ensure children’s rights are fully protected for sustainable social development.

Developing an Integrated Maqāṣid al-Sharī'ah-Based Social Entrepreneurship Ecosystem Model for Sustainable Development: Empirical Evidence from HIPMI Indonesia Marliyah Marliyah; Syuhada Fela Yudha; Muhammad Ramadhan; Muhammad Yafiz
Sharia Economic and Management Business Journal (SEMBJ) Vol. 7 No. 3 (2026): Sharia Economic and Management Business
Publisher : Yayasan Darussalam Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62159/sembj.v7i3.2697

Background: Social entrepreneurship is increasingly seen as a strategic engine for the Sustainable Development Goals (SDGs) in countries with a majority of Muslims. However, there are few empirical studies that treat Maqāṣid al-Sharī'ah as a measurable construct within entrepreneurial ecosystem models, and there is little data on how entrepreneurial associations like the Indonesian Young Entrepreneurs Association (HIPMI) influence this process. Method: This study used a quantitative, explanatory approach to survey 255 HIPMI members in North Sumatra, Indonesia, using a five-point Likert-scale questionnaire. Partial Least Squares Structural Equation Modeling (PLS-SEM) was used to analyze the data. Results: The measurement model met all validity and reliability criteria (AVE = 0.777–0.902; Cronbach's Alpha and Composite Reliability above 0.90), while the structural model demonstrated strong predictive relevance (Q² = 0.679–0.738), substantial explanatory power (R² = 0.764–0.886), and a good overall fit (SRMR = 0.038). Social Entrepreneurship was one of the twelve hypotheses that received support.Features that have the most beneficial impact on Maqāṣid al-Sharī'ah (β = 0.600). External support had no discernible direct impact on Maqāṣid al-Sharī'ah, while the role of HIPMI had no discernible direct impact on SDG Contribution. However, both relationships gained significance after being mediated by the Social Entrepreneurship Ecosystem. Conclusion: These results corroborate the Islamic Social Entrepreneurial Ecosystem Model (ISEEM), demonstrating that when entrepreneurial capacity, ecosystem development, institutional support, and the internalization of Maqāṣid al-Sharī'ah work together, sustainable development is strengthened.

Women's Rights as Human Rights: A Critique of the Patriarchal Perspective in the Legal System and Its Implementation in Indonesia Muhammad Ramadhan; Ghina Angelina Quraeny
AT-TAFAHUM: Journal of Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v6i2.29031

Women's rights constitute an inseparable part of human rights and are recognized in both Islamic teachings and international human rights instruments. Islam upholds the principles of justice, equality, freedom, and mutual respect, affirming that all human beings are equal before Allah, with piety serving as the only measure of distinction. Despite these principles and the existence of numerous international conventions and national legal frameworks, women continue to experience discrimination, violence, and unequal access to political, economic, educational, and social opportunities. This study aims to examine women's rights from the perspectives of Islamic law and the Indonesian legal system while identifying the challenges that hinder the effective realization of gender equality. The research employs a normative juridical approach using descriptive-analytical methods. Data were collected through library research by analyzing primary legal materials, including the 1945 Constitution of the Republic of Indonesia, Law Number 39 of 1999 concerning Human Rights, Law Number 23 of 2004 concerning the Elimination of Domestic Violence, the Universal Declaration of Human Rights (UDHR), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and relevant secondary sources such as books and scholarly journals. The findings reveal that Indonesia has established a comprehensive legal framework to protect women's rights in areas such as politics, citizenship, education, employment, health, legal capacity, and marriage. However, the implementation of these legal protections remains constrained by deeply rooted patriarchal culture, gender stereotypes, institutional barriers, socio-economic inequality, and limited political participation. Moreover, the traditional human rights approach often fails to adequately recognize violence occurring within the domestic sphere as a human rights issue. Therefore, strengthening legal enforcement, promoting gender-sensitive public policies, enhancing women's empowerment, and transforming patriarchal cultural values are essential to ensuring the effective protection and fulfillment of women's rights. These efforts are necessary to achieve substantive gender equality and uphold human dignity in accordance with both Islamic principles and universal human rights standards.

Legal Understanding of Medan City Suburbs Regarding Employed Children Case Study Analysis in West Medan District Muhammad Ramadhan; Muhammad Luthfi Daulay
AT-TAFAHUM: Journal of Law Vol 3, No 2 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v3i2.29161

Indonesia as a state based on the rule of law guarantees the protection and fulfillment of human rights, including children’s rights and the right to decent work as regulated in the 1945 Constitution. However, despite legal protections, child labor remains a persistent issue influenced by economic, social, cultural, and environmental factors. Children who should spend their time learning, playing, and developing physically and mentally are often forced to work due to poverty, family pressure, cultural values, and limited legal awareness. This condition may expose children to exploitation, unsafe working environments, limited educational opportunities, and psychological as well as physical harm. This research aims to analyze legal protection for child laborers, factors causing children to work at an early age, psychological impacts experienced by child workers, and legal sanctions against employers who violate labor regulations. The study employs an empirical legal research method using observation and interviews supported by library research through primary legal materials, legislation, and secondary legal references. The findings indicate that economic hardship is the dominant factor encouraging child labor, while weak legal awareness and cultural acceptance also contribute significantly. Child labor negatively affects children’s physical growth, cognitive development, psychosocial conditions, and access to education. Indonesian laws, particularly Law Number 13 of 2003 concerning Manpower, provide protection and criminal sanctions against violations involving child labor. Therefore, strengthening legal enforcement, increasing public legal awareness, improving educational access, and enhancing government supervision are necessary to reduce child labor and ensure children’s rights are fully protected for sustainable social development.

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