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All Journal AHKAM : Jurnal Hukum Islam dan Humaniora International Journal of Law and Society
Akel Fernando
Unknown Affiliation
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Fulfillment of Children's Rights After Divorce : A Comparative Study in Qatar, Egypt, Indonesia, Malaysia, and Jordan Muslih Muslih; Akbarizan Akbarizan; Akmal Abdul Munir; Akel Fernando; Andi Marwan
International Journal of Law and Society Vol. 2 No. 1 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i1.322

Abstract

Divorce is a global phenomenon with significant implications for children's rights. This study aims to conduct a comparative analysis of the fulfillment of children's rights after divorce in five countries with different legal systems: Qatar, Egypt, Indonesia, Malaysia, and Jordan. The research employs a normative juridical method with a comparative legal research approach through literature review and legal document analysis. The findings reveal that each country has a unique mechanism for ensuring children's rights after divorce. Diverse legal systems—ranging from common law, civil law, to Islamic law—lead to variations in approaches to ensuring custody, care, and protection for children. The study identifies four critical dimensions in fulfilling children's rights: the right to survival and development, the right to protection, the right to education, and the right to participation. The comparative analysis highlights that cultural factors, legal systems, and political commitment play a fundamental role in determining the effectiveness of child rights protection after divorce. Key recommendations of this study include the need for regulatory harmonization, strengthening enforcement mechanisms, and developing sustainable monitoring systems. This research provides theoretical and practical contributions to understanding the complexity of fulfilling children's rights across global legal systems.
Perlindungan Hukum Penerapan Klausula Eksonerasi pada Perjanjian Investasi Perdagangan Kontrak Berjangka bagi Nasabah di PT Kontak Perkasa Future Pekanbaru berdasarkan UU No 8 Tahun 1999 tentang Perlindungan Konsumen Ramanitya Dewi Putri; Akel Fernando; Sehoni Sehoni
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.v5i1.8917

Abstract

Exoneration clauses in standard-form contracts have long been a focus of scholarship in contract law and consumer protection, yet studies that specifically examine their implementation and the implications for legal protection of clients in futures investment trading agreements, particularly in the practices of futures brokerage firms, remain limited. This study aimed to analyze the implementation of exoneration clauses and the forms of legal protection afforded to clients under Law Number 8 of 1999 on Consumer Protection in futures investment trading agreements at PT Kontak Perkasa Futures Pekanbaru. A mixed normative–empirical approach with a descriptive–analytical design was employed, in which data were collected through analysis of investment agreement documents and case studies of client losses, and subsequently examined qualitatively by assessing the alignment between legal norms and investment contract practices. The findings show that futures investment trading agreements are drafted as standard-form contracts containing exoneration clauses, thereby placing clients in a weak bargaining position and encouraging acceptance of the agreements without adequate understanding of their legal consequences. These findings confirm the existence of limitations on the principle of freedom of contract within an inherently asymmetrical legal relationship and reinforce the urgency of legal protection for clients as consumers of futures investment services. The study concludes that strengthening consumer protection in futures investment trading agreements is essential and recommends that regulators and futures brokerage firms review the substance of standard-form contracts to ensure legal certainty and fairness for clients.
Co-Authors Akbarizan Akbarizan Akmal Abdul Munir Andi Marwan Muslih Muslih Ramanitya Dewi Putri Sehoni Sehoni