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All Journal AHKAM : Jurnal Hukum Islam dan Humaniora Asian Journal of Law and Humanity
Sri Asmita
Unknown Affiliation
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Exploitation of Child Rights in Islamic Family Law Perspective Sri Asmita; Muhammad Abdillah; Ifrohati; Lusiana; Hana Pertiwi
Asian Journal of Law and Humanity Vol 2 No 2 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v2i2.2

Abstract

Exploitation of children has changed the perspective and morality of humans towards criminal law, at the same time government policies have made a clear regulation on the enforcement of legal protection for children who are victims of exploitation. The study is based on the argument that there is no law enforcement on the practice of child exploitation so that exploitation continues to occur continuously. This study applies a literature study approach and policy review and various data sourced both online and offline which will later be able to provide an objective picture of how child exploitation is in law from the perspective of Islamic family law. As has been found in previous research on punishment for perpetrators of child exploitation, it has ignored the justice of children victims of exploitation by their parents, close people and community agencies. Law enforcement cannot guarantee absolute rights for children autonomously, this is due to many considerations so that legal protection for child victims of exploitation is very difficult to enforce. Thus, a discussion is needed to provide legal protection for child victims of exploitation with the perspective of Islamic family law.
Implikasi Yuridis Perkawinan Campuran Siri terhadap Kedudukan Hukum Anak Mia Afrian; Eti Yusnita; Sri Asmita
AHKAM Vol 5 No 1 (2026): MARET
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i1.9127

Abstract

Unregistered mixed marriages conducted in siri form remain prevalent in societal practice and give rise to serious legal issues, particularly regarding the legal status of children born from such unions. The absence of marriage registration means that such marriages do not obtain administrative legal recognition and directly affects the child’s legal status. This study aims to analyze the juridical implications of perkawinan campuran siri (unregistered mixed marriages) for the legal status of the child and to examine legal remedies to secure a lawful status for the child under Indonesian positive law. The research employs a normative legal method with a statutory approach and descriptive-analytical analysis of provisions governing marriage registration, child status, and civil legal relations. The findings show that mixed marriages performed siri lack administrative legal force, thereby creating uncertainty regarding the child’s legal status and exposing the child to being positioned as an out-of-wedlock child with limited civil relations and legal protection from the state. The study concludes that isbat nikah constitutes an essential legal remedy to confer legal recognition on the parents’ marriage while simultaneously ensuring certainty and protection of the child’s rights. The implications of this study underscore the urgency of marriage registration as a legal instrument for realizing legal certainty and the protection of children within the Indonesian family law system.
Co-Authors Eti Yusnita Hana Pertiwi Ifrohati Lusiana Mia Afrian Muhammad Abdillah