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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum JUSTISI Khazanah Hukum El-Ahli : Jurnal Hukum Keluarga Islam JCDD Jurnal Pengabdian Sosial
Nasution, Liantha Adam
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Religion Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Public Health Social Sciences Other

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From Conception to Childhood: The Evolution and Significance of Children's Human Rights Putra, Dedisyah; Kasman, Kasman; Harahap, Sumper Mulia; Faza, Amrar Mahfuzh; Nasution, Liantha Adam; Affan, Lazuardi Maulana
Khazanah Hukum Vol. 7 No. 3 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i3.44957

Abstract

This study aims to examine the evolution and significance of children's human rights from conception to childhood, with a particular focus on the Indonesian context, which is rich in cultural and religious diversity. Through a qualitative approach with normative and historical methods, this study analyzes the development of international and national legal norms governing child protection, as well as how social and religious dynamics influence the understanding of children's rights, especially in the prenatal phase. Data were collected through a documentary study of international legal instruments such as the Convention on the Rights of the Child (CRC), Indonesian laws and regulations, as well as academic literature and reports from international organizations. The results of the study show that although Indonesia has adopted various instruments for protecting children's rights, there are still normative gaps related to the recognition and protection of children's rights from infancy. Differences in views arising from cultural and religious diversity are both challenges and potential in formulating more inclusive policies. Therefore, a legal approach is needed that is not only based on international standards but is also sensitive to local values. This study is expected to contribute to the development of more comprehensive and contextual child protection policies in Indonesia.
An Analysis of Maqasid al-Shariah on Alternatives to the Death Penalty in Law No. 1 of 2023 Concerning the Criminal Code Nasution, Liantha Adam; Mapaung, Watni; Harahap, Arifuddin Muda
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4560

Abstract

The research was a qualitative legal study concerning alternatives to the death penalty as stipulated in Law Number 1 of 2023 on the Criminal Code, and it was evaluated from the perspective of maqashid al-shari'ah. The method involved initially collecting both primary and secondary data, which were then scrutinized within relevant literature. After examining and analyzing the data, the researcher concluded that the alternative provisions to the death penalty in Law Number 1 of 2023 on the Criminal Code exhibit both similarities and differences compared to Islamic law as interpreted by maqashid shariah. The similarities include that both the Law and Islamic law offer alternative sanctions that no longer involve taking a life, which in the context of the National Criminal Code could be considered aligned with maqashid shariah. However, a notable difference lies in cases of murder or taking another's life, where Islamic law does not allow for the alternative sanction of diyat (financial compensation) unless the victim's family forgives the perpetrator. For the National Criminal Code to align with maqashid shariah in providing an alternative to the death penalty for murder (resulting in the loss of life), it must first secure forgiveness from the victim's family as a prerequisite to commuting the sentence from death to life imprisonment or a maximum of 20 years in prison.
Co-Authors Affan, Lazuardi Maulana Aida, Yuni Aini, Yusrida Andy Saputra Apriyani, Faridah Faza, Amrar Mahfuzh Harahap, Arifuddin Muda Juita, Nora Kasman Kasman Lestari, Dalilah Lubis, Restu Mapaung, Watni Maulana, Zulhan Nasution, Alliriansyah Nasution, Fatimah Islamy Nasution, MHD. Sangkot Pangidoan Nurul Husna Raja Ritonga Rambe, Nurul Rima Melati Rukiah Rukiah Saniah, Nur Simatupang, Vera Aulia SITI AMINAH Solita Suharni, Ida Sumper Mulia Harahap, Sumper Mulia Tanjung, Riska Pratama Zulfahmi , Zulfahmi