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All Journal Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH) At-Ta'aruf: Jurnal Hukum Keluarga Islam
Nila Amania
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Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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PERLINDUNGAN HAK ANAK PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF INDONESIA fitri dalilatun; Nila Amania
At-Ta'aruf : Jurnal Hukum Keluarga Islam Vol 3 No 2 (2024): At-Ta'aruf : Jurnal Hukum Keluarga Islam
Publisher : Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59579/ath.v3i2.8663

Abstract

Protection of children's rights is often associated in Islamic law with the ethical and spiritual obligations of parents and society. For example, parents have an obligation to ensure that their children receive a quality education and are raised in a safe and caring environment. In contrast, the protection of children's rights in Indonesian positive law focuses primarily on the legal and administrative components, emphasizing the need for clear law enforcement procedures and penalties for those who violate children's rights. A qualitative approach using descriptive-comparative analysis methodology is the research methodology used. The purpose of this study is to determine the positive laws and regulations of Indonesia with Islamic law regulations related to the protection of children's rights. Various teachings on child protection, including those related to the right to life, the right to education, the right to be safe from violence, and the right to welfare, can be found in Islamic law. On the other hand, laws and regulations such as Child Protection Law Number 35 of 2014 have been regulated by positive laws and regulations in Indonesia, providing different protection for children's rights.
Nilai - Nilai Pancasila dalam Pembaruan Hukum Perkawinan Nila Amania
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 1 (2025): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v4i1.5200

Abstract

Pancasila has been established as both a rechtsidee (legal ideal) and a grundnorm (fundamental norm). The values of Pancasila must guide and be embodied in legal reform in Indonesia whether at the substantive level (legal content), structural level (legal institutions), or cultural level (legal culture). These values must be embedded in the Constitution of the Republic of Indonesia and further reflected in all subsequent laws and regulations. The value of national unity contained in Pancasila is reflected in the enactment of Law No. 1 of 1974 on Marriage. The unification of marriage law through this legislation abolished the diverse marriage laws that existed prior to its enactment. The value of social justice for all Indonesian people is reflected in the enactment of Law No. 16 of 2019, which amended Law No. 1 of 1974 on Marriage. The amendment, which revised the minimum age for marriage, provides justice for both men and women regarding the legal validity of marriage in Indonesia.
Co-Authors fitri dalilatun