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All Journal Pembaharuan Hukum International Journal of Law Reconstruction ARISTO MLJ Jurnal Ilmiah Al-Syir'ah ADLIYA: Jurnal Hukum dan Kemanusiaan Borneo Law Review Journal Ius Civile: Refleksi Penegakan Hukum dan Keadilan DAS SEIN: Jurnal Pengabdian Hukum dan Humaniora Damhil Law Journal
Lusiana Margareth Tijow
Univeristas Negeri Malang
Religion Arts Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Legal Protection of Child Adoption without Trial by Human Rights Perspective Djaini, Alan; Wantu, Fence M.; Tijow, Lusiana Margareth
Damhil Law Journal Volume 1 Issue 1 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (199.869 KB) | DOI: 10.56591/dlj.v1i1.627

Abstract

This research aims to describe and analyze legal protection issues as regards child adoption without trial from a human rights perspective. It is descriptive-qualitative empirical research. It applies a socio-legal approach and case approach. Results demonstrate that child adoption without trial may breed the following legal consequences: misunderstanding what is permissible and what is not from an Islamic point of view, interfering with family relationships and their rights, and fueling disputes between family members. These legal consequences happen as adoptive parent candidates are not well educated attributed to procedures for child adoption. Child adoption is also mentioned in the Law of the Republic of Indonesia Number 39 of 1999. The government, state, parents, and society shall not neglect and are obliged to concern about children’s rights by endeavoring to make the legality of the child’s identity status in the form of a birth certificate citation document.
THE ROLE OF LEGAL MORALITY IN RESOLVING BREACH OF MARRIAGE PROMISE CASES Tijow, Lusiana Margareth
Jurnal Pembaharuan Hukum Vol 11, No 2 (2024): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v11i2.38386

Abstract

The concept of the Indonesian rule of law is grounded in the legal ideals of Rechtsidee Pancasila, as articulated in Article 1 paragraph (3) of the 1945 Constitution. This framework establishes Pancasila as the rechtsidee and the ultimate source of all legal authority in Indonesia. Consequently, every statutory regulation must embody and implement the values of Pancasila. The formation of law is not merely a technical process but an imperative moral demand, reflecting the necessity for all individuals to live in accordance with moral principles and just laws. Legal morality posits that the law exists to serve humanity, and when obstacles to justice arise, they must be addressed, whether in theoretical understanding or practical application. In the context of marriage promise cases, the application of legal morality through a restorative justice approach is crucial. This method aims to achieve fair restorative justice, protecting the dignity and honor of women affected by breaches of marriage promises. The law, when applied with moral integrity, convinces the parties involved that it represents the most ethical solution. Restorative justice principles, when applied to marriage promise cases, seek to create a just outcome by providing a win-win solution for both perpetrators and victims. This approach avoids the escalation of conflicts and prevents the accumulation of unresolved cases within the legal system. One of the practical applications of Pancasila values in this context is the emphasis on deliberation and consensus, aiming to achieve justice for all parties involved. Settling disputes through restorative justice, particularly penal mediation, offers a faster, less costly, and more effective resolution compared to conventional civil mediation processes.
Co-Authors Azlina, Tengku Elmi Djaini, Alan Fence M Wantu Hayat Hoiruddin Hasibuan Kadek Wijayato Nasruddin Yusuf Nur Mohammad Kasim Nur Muhammad Kasim Susanti Hasan Susanti Hasan Zamroni Abdussamad