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All Journal Asian Journal of Law and Humanity Jurnal Hukum Islam
Siti Maymanatun Nisa
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Journal : Asian Journal of Law and Humanity

 1 
Legal Protection Against The Exploitation of Child Labor in Indonesia Siti Maymanatun Nisa
Asian Journal of Law and Humanity Vol. 1 No. 1 (2021): October - February
Publisher : Faculty of Sharia, State Islamic University KH. Abdurrahman Wahid Pekalongan, Central Java, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (211.951 KB) | DOI: 10.28918/ajlh.v1i1.4947

Abstract

This paper discusses the causes and impacts of exploitation of child labour in Indonesia, protection and legal sanctions for perpetrators of exploitation of child labour in Indonesia. This normative juridical research uses a statutory, conceptual and case approach. The analysis technique uses prescriptive analysis with logic and legal reasoning. The results of the study indicate that the cause of child labour exploitation is poverty; low education of parents and children; social environment; and culture. The impacts of child labour exploitation include: a) not having time to play b) children's growth and development, poor physical and mental health of children c) low self-esteem; d) Vulnerable to discriminatory treatment and work accidents; e) vulnerable to acts of violence, exploitation and abuse. Legal protection for exploited children is carried out by 1) disseminating relevant laws and regulations; 2) monitoring, reporting, and providing witnesses, and; 3) involvement of companies, trade unions, non-governmental organizations, and the community. Sanctions against the exploitation of child labour are a form of government concern for the protection of children's rights which aim to achieve justice, legal certainty and benefit for children. The provisions for these sanctions are regulated in Law Number 35 of 2014 concerning Child Protection.
PERLINDUNGAN HUKUM TERHADAP ANAK DI BAWAH UMUR KORBAN EKSPLOITASI PEKERJA DI INDONESIA (Analisis Kritis Terhadap Undang-Undang Nomor 35 Tahun 2014 Tentang Perlindungan Anak) Siti Maymanatun Nisa
Asian Journal of Law and Humanity Vol 1 No 1 (2021)
Publisher : Fakultas Syariah Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v1i1.618

Abstract

This paper discusses the causes and impacts of exploitation of child labour in Indonesia, protection and legal sanctions for perpetrators of exploitation of child labour in Indonesia. This normative juridical research uses a statutory, conceptual and case approach. The analysis technique uses prescriptive analysis with logic and legal reasoning. The results of the study indicate that the cause of child labour exploitation is poverty; low education of parents and children; social environment; and culture. The impacts of child labour exploitation include: a) not having time to play b) children's growth and development, poor physical and mental health of children c) low self-esteem; d) Vulnerable to discriminatory treatment and work accidents; e) vulnerable to acts of violence, exploitation and abuse. Legal protection for exploited children is carried out by 1) disseminating relevant laws and regulations; 2) monitoring, reporting, and providing witnesses, and; 3) involvement of companies, trade unions, non-governmental organizations, and the community. Sanctions against the exploitation of child labour are a form of government concern for the protection of children's rights which aim to achieve justice, legal certainty and benefit for children. The provisions for these sanctions are regulated in Law Number 35 of 2014 concerning Child Protection.  
Fulfillment of the Rights of Single Parent Male Children and the Legal Consequences of Hadhanah in West Tegal District Evita Mardhotilah; Siti Maymanatun Nisa
Asian Journal of Law and Humanity Vol 3 No 2 (2023)
Publisher : Fakultas Syariah Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

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Abstract

Caring for and educating children must be done well by both parents, as long as the child is not mumayyiz or unable to take care of himself, even though his parents are divorced. This is a step for parents to guide and protect children so that a child is not neglected and their body, mind and religion are maintained. Parenting carried out by single male parents in West Tegal District is not easy, so it requires a second party to care for and educate children. The aim of this research is to analyze the fulfillment of the rights of single parent male children in West Tegal District and analyze the consequences of the hadhanah law for single male parents in West Tegal District. This research method uses empirical juridical with a legal sociology approach. The results of the research show that the fulfillment of the rights of children of single male parents in West Tegal District for some single male parents in fulfilling their children's rights after divorce is still not fulfilled. This is due to parents' obstacles in fulfilling their children's rights due to negligence, parents' economic limitations, lack of awareness of this matter, and parents' low education. The consequence of the hadhanah law for single male parents after divorce in West Tegal District is that the maintenance of children who have not yet mumayyiz falls on the mother. However, if a mother has died or is unable to care for and educate her child, then the right to care for the child falls to the father. The costs of maintaining the child are borne by the father. If parents or guardians neglect their responsibilities intentionally, then at the request of the relative concerned, the Religious Court can transfer the hadhanah rights to another relative who also has hadhanah rights. Then the legal consequences of carrying out Radha'ah in accordance with the provisions of Islamic law, giving rise to mahram because of the milk.
Co-Authors Evita Mardhotilah Hening Sukma Daini Imaro Sidqi