Article Per Year (5 Year)
p-Index From 2020 - 2025
0.408
P-Index
This Author published in this journals
All Journal Kultura: Jurnal Ilmu Sosial dan Humaniora Sinergi International Journal of Law
Susilowati, Asih
Unknown Affiliation
Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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

Found 2 Documents
Search

 1 
The Study of the Indonesian Ulama Council's (MUI) Fatwa Number 11 of 2012 Regarding the Status of Children Born out of Adultery and Their Treatment: Correlation with the Constitutional Court Decision Number 46/PUU-VIII/2010 Susilowati, Asih
Sinergi International Journal of Law Vol. 2 No. 1 (2024): February 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i1.110

Abstract

The status of children born out of wedlock and the treatment towards them: a study of the fatwa from the Indonesian Ulama Council (Majelis Ulama Indonesia or MUI) Number 11 of 2012 concerning the position of children born out of wedlock and its correlation with the Constitutional Court Decision Number 46/PUU-VIII/2010, a historical-sociological analysis. In reality, pregnancies outside of marriage are still prevalent in Indonesian society. Legal provisions also address marriage issues and the status of children, as stipulated in Law Number 1 of 1974 concerning Marriage, which, in Article 1, defines marriage as a spiritual and physical bond between a man and a woman. Regarding the status of children born out of wedlock and the treatment towards them, MUI issues a fatwa that emphasizes legal protection for the child. The government is obligated to protect children born out of wedlock and prevent abandonment, especially by imposing punishment on the man responsible for the birth to fulfill the child's needs. However, this does not establish paternity for the man causing the birth. The correlation with the Constitutional Court decision and the historical-sociological analysis addresses the societal need for fair rights and protection, particularly for women and children. Despite this, these considerations were not incorporated into the revision of Law Number 16 of 2019 concerning Marriage. This raises questions about the fulfillment of philosophical and sociological considerations in the formation of the Republic of Indonesia Law Number 16 of 2019 amending Law Number 1 of 1974 concerning Marriage.
LEGAL REVIEW OF ARTICLE 156 PARAGRAPH 2 OF LAW NO. 13 OF 2003 CONCERNING EMPLOYMENT WITH GOVERNMENT SUPERVISION OF THE FULFILLMENT OF SEVERANCE PAY RIGHTS FOR WORKERS EXPERIENCING TERMINATION OF EMPLOYMENT Susilowati, Asih
Kultura: Jurnal Ilmu Hukum, Sosial, dan Humaniora Vol. 2 No. 10 (2024): Kultura: Jurnal Ilmu Hukum, Sosial, dan Humaniora
Publisher : Kultura: Jurnal Ilmu Hukum, Sosial, dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Justice for workers and employers is the goal of development in the field of labor in Indonesia. Such justice is highly dependent on the quality of labor law that regulates the employment relationship between workers and employers. If labor laws and other regulations are of poor quality, they will lead to disputes that eventually lead to termination of employment. Based on the fact that the injustice that occurs in termination of employment is caused by problematic legal system factors, the legal culture of the community, and the existence of mutual conflicts between Company Regulations, Collective Labor Agreements, and Work Agreements with applicable laws and regulations . The research method used is normative juridical, research that discusses doctrines or principles in legal science. Using primary legal materials, namely binding legal materials. While the primary legal material of this research is Law Number 13 of 2003 concerning Manpower, Secondary Legal Materials consist of books and legal doctrines. The results show that labor law as represented in Labor Law Number 13 of 2003 concerning Manpower, is felt to be imperfect so that it cannot provide solutions to injustice in the process of terminating employment. Therefore, the provisions in labor law as referred to in Labor Law Number 13 of 2003 concerning Manpower need to be continuously improved, especially the provisions in the Articles that cause injustice to workers and employers related to Termination of Employment.
Co-Authors