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All Journal Legal Standing : Jurnal Ilmu Hukum Gorontalo Law Review Prosiding Konferensi Nasional PKM-CSR Journal of Law, Poliitic and Humanities Wijaya Putra Law Review HUKMY : Jurnal Hukum Jurnal Mengkaji Indonesia Journal of Gender Equality and Social Inclusion (gesi) Jurnal Ilmu Hukum Wijaya Putra SASI Terang: Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Muhamad Chaidar
Fakultas Hukum Universitas Wijaya Putra
Religion Humanities Control & Systems Engineering Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences

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Child Support Right In The Human Rights Perspective Alam, Arief Syahrul; Chaidar, Muhamad; Ngah, Anisah Che
SASI Volume 30 Issue 3, September 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i3.2193

Abstract

Introduction: The provision of Article 28 B paragraph (2) and Article 28 D paragraph (1) of the 1945 Constitution of the Republic of Indonesia can be stated as the philosophical basis for children's rights on viability, growth, and development; and the rights to protection from violence and discrimination; as well as the rights to recognition, assurance, fair legal protection, and certainty, as well as equal treatment in front of the law.Purposes of the Research: To find out that every regulation related to child support rights from the human rights perspective should refer to the philosophical basis of the nation that is Article 28 B paragraph (2) and Article 28D paragraph (1) of the 1945 Constitution of Republic of Indonesia. The focus of the legal problem in this study is child support rights from the human rights perspective.Methods of the Research: The juridical normative method with statute approach, conceptual approach, constitutional approach, and Comparative approach is used as the research methodology in this study.Results of the Research: However, with the implementation of Article 28 B paragraph (2) of the 1945 Constitution of Republic of Indonesia that placed the State, Government, and Regional Governments are obliged to ensure the protection, care, and welfare of the children by paying attention to the rights and obligations of the parents, guardians or other people who legally responsible to the children. The provision of that Article asserts that the problem of children's protection is not only the responsibility of their parents, but also has become the responsibility of the state, government, and regional government. Therefore, it can be concluded that the post-divorce child maintenance rulings in Malaysia are better than those in Indonesia, as the implementation of child maintenance rulings in Malaysia is monitored by the BSK, which is a part of the Court responsible for handling all matters related to child support.
Implementation Double-Track System Criminal Sanctions and Rehabilitation Against Narcotic Abusers Chaidar, Muhamad; Budiarsih, Budiarsih
SASI Volume 28 Issue 3, September 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i3.974

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Introduction: The application of sanctions is regulated in Law no. 35 of 2009 concerning Narcotics, which tends to impose criminal sanctions, does not have an impact, in fact there are more narcotics abusers. In accordance with the mandate of Law no. 35 of 2009 concerning narcotics, addicts and victims of narcotics abuse are entitled to rehabilitation, both medical rehabilitation and social rehabilitation. In general, addicts and victims of narcotics abuse have not been able to access rehabilitation services, especially addicts and victims of narcotics abuse who are in prisons or detention centers.Purposes of the Research: focus of the formulation in this research is How to Analyze the Meaning of Medical Rehabilitation Obligations for Narcotics Addicts?.Methods of the Research: The method used in this research is the normative juridical method and the law approach as well as the conceptual approach. They are in medical rehabilitation and/or social rehabilitation institutions.Results of the Research: Researchers suggest to the Government and the DPR to add explanations for narcotics addicts in Article 54 of Law Number 35 of 2009 concerning Narcotics, by including the amount of medical rehabilitation financing provided to narcotics addicts in Law Number 35 of 2009 concerning Narcotics. Prior to the promulgation of the amount of medical rehabilitation financing, regarding the provision of medical rehabilitation for narcotics addicts it will be easier to implement, and for the public to increase participation in the prevention of narcotics addicts and accessibility to the settlement of litigation and non-litigation cases.
Co-Authors Alfadani, Ahmad Zakariyah Alvian Tri Ramadhan Andy Usmina Wijaya Arief Syahrul Alam Arief Syahrul Alam Budi Endarto Budiarsih Budiarsih Budiarsih, Budiarsih Darmin, Febrianus Dimas Rizky Rizaldy Fikri Hadi Lystiadi, Intan Predita Maulina, Elyn Ngah, Anisah Che Nur Hidayatul Fithri Nur Rezizah, Wilda Putri Nurul Cholafina Dela Cantika Priyambudi, Surya Sekaring Ayumeida Kusnadi Septian Mubarrok, Alik Usyadat Taufan Wilda Putri Nur Rezizah Zulhilmi, Daffa