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Aktifitas Bantuan Hukum Gratis dalam Meningkatkan Akses Keadilan bagi Masyarakat Miskin Ali Ad Dhar; Muhammad Khotami Alfarisi; Mutiara Liza; Julia Barus
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 1 No. 4 (2024): Desember : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v1i4.1003

Abstract

Protection and recognition of human rights is the responsibility of the state as a consequence of its status as a country of law. Every individual, including the poor who face legal problems, has the right to receive equal treatment before the law. Access to justice is a fundamental right of every citizen, but the poor often face various obstacles in obtaining legal aid. Legal aid for the poor is guaranteed by the constitution, but its implementation still faces various obstacles. The purpose of writing this journal is to enrich the literature related to the implementation and optimization of legal aid for the poor based on Law Number 16 of 2011 concerning Legal Aid. This study uses a literature study approach by reviewing primary and secondary legal materials and analyzing them through various theories, doctrines, and legal principles. The results of this study are expected to contribute to increasing access to justice for the poor in Indonesia.
Perbedaan Pendapat Menurut Jumhur Ulama dan Abu Hanifah Terkait Nafkah Suami Miskin Ali Ad Dhar; Ayu Hijrani Salamah
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 2 No. 4 (2024): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v2i4.1655

Abstract

The husband's obligation to provide for his wife is one of the primary responsibilities in marriage, as regulated by various legal systems and religious values. However, challenges arise when a husband is in a state of economic poverty and unable to meet the family's basic needs. This article aims to explore how the concept of provision (nafkah) is applied in such situations from the perspectives of Islamic law, state law, and social norms. Based on a literature review, it is found that Islam provides flexibility for impoverished husbands to strive within their capacity, while emphasizing the importance of communication, mutual understanding, and cooperation between husband and wife. Furthermore, the responsibility to provide is not solely material but also includes emotional and spiritual aspects. This article also highlights the need for community and state support in creating social protection systems for impoverished families to ensure their welfare. Thus, the husband's responsibility to provide is not only viewed as an individual duty but also within the framework of collective responsibility.