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All Journal Jurnal Restorasi: Hukum dan Politik
Ashfiya Nur Atqiya
Pascasarjana Universitas Sebelas Maret
Law, Crime, Criminology & Criminal Justice

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Citizenship Rights and Human Rights in the Constitution: A Case Study of the Cancellation of Citizenship Status in Indonesia Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Nihayatur Rohmah; Novita Fitriani
Jurnal Restorasi : Hukum dan Politik Vol. 2 No. 2 (2024): Jurnal Restorasi : Hukum dan Politik, October 2024
Publisher : Jurnal Restorasi : Hukum dan Politik

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Sexual harassment is a serious human rights violation with widespread psychological and social impacts on victims. In Indonesia, sexual harassment is classified as a criminal offense and is explicitly regulated in various laws, including the Indonesian Penal Code (KUHP) and Law No. 12 of 2022 on Sexual Violence Crimes (UU TPKS). Positive law provides a clear legal framework to prosecute perpetrators and protect victims' rights. In contrast, from the perspective of the four major Islamic fiqh schools, Hanafi, Maliki, Shafi'i, and Hanbali, sexual harassment is also considered a major sin that violates Sharia law and must be punished strictly, either with hudud or ta'zir penalties. This study aims to conduct a comparative analysis between the positive law approach in Indonesia and the fiqh perspective of the four Islamic schools regarding sexual harassment, as well as to evaluate how these two legal approaches can complement each other to create a more comprehensive and effective protection strategy. The research method used is normative legal research with legislative, case, conceptual, historical, and comparative approaches. The study results indicate that the integration of positive law and fiqh can enhance protection for victims, raise public awareness, and ensure more just law enforcement that aligns with the local socio-cultural context.
Citizenship and Political Rights: An Analysis of the Laws on the Right to Vote of Citizens in Indonesia Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Fatiha Nur Laili Azizah; Fadhila Assabili; Eka Rahmadani
Jurnal Restorasi : Hukum dan Politik Vol. 2 No. 2 (2024): Jurnal Restorasi : Hukum dan Politik, October 2024
Publisher : Jurnal Restorasi : Hukum dan Politik

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Citizenship in Indonesia grants essential political rights, including the right to vote, as guaranteed by the 1945 Constitution and Law No. 7 of 2017 on General Elections. Despite these regulations aimed at ensuring equitable political participation, significant challenges persist, particularly for marginalized groups such as persons with disabilities, women, first-time voters, and Indonesian citizens residing abroad. This study employs a doctrinal legal approach and a library research methodology. Data were collected from books, legal statutes, and relevant literature. The analysis incorporates legislative, case, conceptual, historical, and comparative approaches to assess the effectiveness of voting rights regulations and to identify the challenges encountered. The research finds that, although the existing regulations are well-established, the implementation of voting rights faces several challenges. Accessibility for persons with disabilities at polling stations remains inadequate, women's participation in rural areas is often constrained by social norms, and first-time voters suffer from a lack of political education. Indonesian citizens abroad also encounter technical difficulties in voting. The study recommends improving accessibility at polling stations, enhancing women’s empowerment programs, strengthening political education for new voters, and reforming the voting system for expatriates to improve transparency and electoral integrity.
Co-Authors Ahmad Muhamad Mustain Nasoha Ahmad Muhamad Mustain Nasoha Eka Rahmadani Fadhila Assabili Fatiha Nur Laili Azizah Nihayatur Rohmah Novita Fitriani