Claim Missing Document
Check
Articles

Found 2 Documents
Search

Fulfilling Disability Rights to Work: H.L.A. Hart & Lawrence Friedman's Perspectives Muhammad, Fachran D.; Humaidi; Mujiburrahem
Peradaban Journal of Law and Society Vol. 3 No. 2 (2024)
Publisher : Pustaka Peradaban

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59001/pjls.v3i2.270

Abstract

The fulfillment of the rights of persons with disabilities in accessing employment is a significant issue in global legal and policy discourse. Despite various international instruments, such as the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), calling for equal access to employment, the implementation of these rights still faces a gap between ideal legal norms (das sollen) and the reality of implementation (das sein). In Indonesia, although laws like Law No. 8/2016 guarantee the right of persons with disabilities to access employment, various barriers such as discrimination, limited accessibility, and low awareness of inclusion remain prevalent. This article analyzes this issue through the lens of two major thinkers in legal philosophy: H.L.A. Hart, who emphasizes the importance of primary and secondary rules and the role of the rule of recognition, and Lawrence Friedman, who highlights the role of legal structure, legal substance, and legal culture. By integrating these normative-analytical and sociological perspectives, this article provides a comprehensive framework that considers aspects of legal rules, institutional structures, and legal culture to understand the challenges in fulfilling the rights of persons with disabilities in the employment sector, particularly in Indonesia. Through this approach, this article offers policy recommendations focusing on strengthening the rule of recognition, clarifying legal norms, reforming institutional structures, and transforming legal culture to bridge the gap between das sollen and das sein, particularly in the context of developing countries like Indonesia, with the ultimate goal of achieving more effective inclusion in the labor market.
Prophet Muhammad as a Catalyst for Social Change: Insights from Martin Lings and Annemarie Schimmel Yulingga, Sevina Dwi; Mujiburrahem; Permatasari, Niken Ayu; Zuhdi, Fahmi Ali
Peradaban Journal of Religion and Society Vol. 4 No. 1 (2025)
Publisher : Pustaka Peradaban

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59001/pjrs.v4i1.285

Abstract

This study examines Prophet Muhammad’s role as a transformative agent of social change through the perspectives of Martin Lings and Annemarie Schimmel, two prominent non-Muslim scholars. Beyond his religious leadership, Prophet Muhammad revolutionized 7th-century Arabian society by addressing social inequities, fostering inclusivity, and instituting enduring values of justice, equality, and compassion. In his work Muhammad: His Life Based on the Earliest Sources (1983), Lings portrays the Prophet as a charismatic reformer who advocated for social justice, dismantling tribal divisions and advancing human rights. Lings emphasizes the Prophet’s role in unifying a fragmented society through the ummah—a community bound by faith and equality—and promoting economic equity through zakat and the prohibition of usury. Schimmel, in And Muhammad Is His Messenger (1985), adopts a phenomenological approach, highlighting the Prophet’s integration of spiritual leadership with practical governance. She underscores his role in advancing women’s rights, eradicating systemic oppression, and establishing a moral framework based on divine values. The Constitution of Medina, she argues, was a groundbreaking socio-political contract that promoted a pluralistic and harmonious society. By examining Lings’ historical narrative alongside Schimmel’s spiritual and cultural insights, this study provides a nuanced understanding of Prophet Muhammad’s multidimensional legacy. It positions him as an exemplar of justice and unity, offering valuable lessons for contemporary societies struggling with inequality and division. This interdisciplinary exploration reveals the lasting impact of Prophet Muhammad’s leadership as a unifier and model for ethical governance, transcending both time and cultural boundaries.