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Alamul Yaqin
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alamul.yaqin@uingusdur.ac.id
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ajlh@uingusdur.ac.id
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Jl. Pahlawan Rowolaku, Kec. Kajen, Pekalongan, Jawa Tengah, Indonesia. PO.BOX 51161
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INDONESIA
Asian Journal of Law and Humanity
Published by Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan
ISSN : 28095952     EISSN : 28283058     DOI : https://doi.org/10.28918/ajlh
Core Subject : Religion, Humanities, Social,
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
The articles focus specifically on Asian law and humanity issues, by scope of law and human right, law and womens right, law and human behaviour, labor law issues, law and violence against women-children, law and childrens right, law and gender issues.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol 3 No 2 (2023)" : 8 Documents clear
Fulfillment of the Rights of Single Parent Male Children and the Legal Consequences of Hadhanah in West Tegal District Evita Mardhotilah; Siti Maymanatun Nisa
Asian Journal of Law and Humanity Vol 3 No 2 (2023)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v3i2.1

Abstract

Caring for and educating children must be done well by both parents, as long as the child is not mumayyiz or unable to take care of himself, even though his parents are divorced. This is a step for parents to guide and protect children so that a child is not neglected and their body, mind and religion are maintained. Parenting carried out by single male parents in West Tegal District is not easy, so it requires a second party to care for and educate children. The aim of this research is to analyze the fulfillment of the rights of single parent male children in West Tegal District and analyze the consequences of the hadhanah law for single male parents in West Tegal District. This research method uses empirical juridical with a legal sociology approach. The results of the research show that the fulfillment of the rights of children of single male parents in West Tegal District for some single male parents in fulfilling their children's rights after divorce is still not fulfilled. This is due to parents' obstacles in fulfilling their children's rights due to negligence, parents' economic limitations, lack of awareness of this matter, and parents' low education. The consequence of the hadhanah law for single male parents after divorce in West Tegal District is that the maintenance of children who have not yet mumayyiz falls on the mother. However, if a mother has died or is unable to care for and educate her child, then the right to care for the child falls to the father. The costs of maintaining the child are borne by the father. If parents or guardians neglect their responsibilities intentionally, then at the request of the relative concerned, the Religious Court can transfer the hadhanah rights to another relative who also has hadhanah rights. Then the legal consequences of carrying out Radha'ah in accordance with the provisions of Islamic law, giving rise to mahram because of the milk.
State Responsibility in the Case of Forest Fires in Central Kalimantan as the Embodiment of a Welfare-Legal State Tyas Arganing Dini; Trianah Sofiani; Eky Fallah Septiani
Asian Journal of Law and Humanity Vol 3 No 2 (2023)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v3i2.2

Abstract

This research was motivated by the forest fires in Central Kalimantan which were getting worse. The losses experienced by local communities as a result of forest fires have brought the concept of state responsibility into question again. This research aims to find out whether there is neglect of forest fires which causes constitutional rights to have an impact on citizens. As a state, welfare law has not been realized because there is neglect and lack of fulfillment of constitutional rights from the state. Therefore, this research discusses the state's responsibility for forest fires in Central Kalimantan as an embodiment of a welfare state. The aim of this research is to analyze why the state ignored the forest fires in Central Kalimantan and to analyze the implications for the constitutional rights of citizens regarding the state ignoring the forest fires in Central Kalimantan.This research method is normative juridical research using a statutory approach and a conceptual approach. with the type of technique for collecting legal materials with documentation studies with an inventory of statutory regulations. The legal material analysis technique uses prescriptive analysis.The results of the research show that responsibility for forest fires in Indonesia, especially in Central Kalimantan, has been regulated in the 1945 Constitution, but there is still a disregard for the human rights of citizens which results in the community's constitutional rights not being fulfilled and the government not being optimal or weak, which causes forest fires to continue to occur. -continuously. Implications for the constitutional rights of citizens due to neglect by the state in forest fires in Central Kalimantan, the occurrence of forest fires in Central Kalimantan has resulted in the community's constitutional rights not being fulfilled and the absence of laws and regulations that regulate it, so this provides a gap for parties or individuals -certain individuals to carry out arson, as well as overlapping institutions dealing with forest fires in Central Kalimantan.
Fulfillment of the Rights and Obligations of Husband and Wife in Farming Families in Sukoharjo Village, Kandangserang District Jumailah; Efa Hindayati
Asian Journal of Law and Humanity Vol 3 No 2 (2023)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v3i2.3

Abstract

The rights and obligations of husband and wife are legal consequences arising from the marriage bond. Sukoharjo Village, Kandangserang District, Pekalongan Regency, farmers' wives also work to earn a living because the wives feel that their husbands are neglecting their obligations to earn a living. Wives who work as agricultural laborers make husbands feel that their wives are neglecting their obligations to take care of the household. The research method that the author uses is qualitative research using empirical juridical research with a sociological approach. The results of the research are: (1) Husbands and wives in farming families in Sukoharjo Village have tried to carry out their obligations as well as possible. So that each of them will get their rights well too. (2) The factor that causes a husband to feel that he is not getting his rights is the absence of his wife to take care of household needs, her own needs and her children's needs. The factor that causes the wife to feel that she does not get her rights is because the husband's work as a farmer is not demanding, sometimes the harvest is successful but sometimes it also fails. (3) Judging from Law no. 16 of 2019, Compilation of Islamic Law, the opinion of Qurais Shihab, and Madzhab Ulama that the husband has carried out his obligations as head of the family in earning a living and the wife also takes care of household needs well amidst her busy life as a farm worker.
Legal Protection for the Rights of Children Exploited as Beggars Dwi Kusumawati; Yunas Derta Luluardi
Asian Journal of Law and Humanity Vol 3 No 2 (2023)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v3i2.4

Abstract

Exploitation of children who are used as beggars is an action that is contrary to one of the rights of children that has been regulated in the constitution or law. The basic rules that serve as guidelines for protecting children's rights are the 1945 Constitution article 28B paragraph (2), the Law on Child Welfare, and the Law on Child Protection. This research was taken from the problems of children who become beggars in Pekalongan Regency. By using empirical juridical research with a statutory approach, conceptual approach and qualitative approach. The results of this research are that the legal protection efforts carried out by the Regional Government of Pekalongan Regency only take the form of handling. There are no basic regulations regarding the protection of children who are used as beggars so no legal action has been provided. So there is a need for regional regulations regarding legal protection for children, especially protection for children who are exploited as beggars, so that it becomes the basis for the government in taking policies to provide legal protection for children who are victims of exploitation.
Protection of Women's Rights in the Framework of the Welfare State (Comparative Study of Indonesia and the UK) Mohammad Khoerul Khusna
Asian Journal of Law and Humanity Vol 3 No 2 (2023)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v3i2.5

Abstract

The welfare state is closely related to the protection of the rights of every citizen, in this case such as the protection of women's rights. However, in its implementation there is often a lack of compliance with existing regulations, so the research entitled Protection of Women's Rights in the Framework of a Welfare State (Comparative Study of Indonesia and England, The focus of this research is to describe the protection of women's rights within the framework of a welfare state (comparative study of Indonesia and the UK). The type of research is normative juridical literature research with an approach that examines theories, concepts, and examines laws and regulations related to the research. this or a statutory approach. Normative juridical research is legal research that places law as a building system of norms.This research describes the protection of women's rights within the framework of a welfare state with the results of the research showing that the comparison of protection of women's rights in Indonesia and England is based on comparative legal theory, Article 281 paragraph (4) of the 1945 Constitution of the Republic of Indonesia and Article 71 of the Law. -Human Rights Law no. 39 recognizes constitutional protection. According to CEDAW, the principles of the state's duties include guaranteeing women's human rights through laws and policies, and in addition, the state must not only guarantee but also implement women's rights. The state must not only regulate the public sector, but also the activities of people and institutions in the private sector, namely the family. Meanwhile, this thematic shadow report highlights violence against women in England across the UK. and Guarantee of Protection of Women's Rights in Both Countries Within the Framework of a Welfare State, namely Based on this theory, the legal protection of women's human rights in the country in the form of guarantees of economic, social and political rights, and which was previously a private matter that should not be regulated by the state, is now a task state to regulate it, which is now in the realm of public law. The Law on the Elimination of Domestic Violence Number 23 of 2004 (PKDRT) provides a new formulation which states that the state can also intervene in private life. At the same time, in the UK, the Domestic Violence, Crime and Victims Act 2004 was an attempt by the government to intervene into family life. coordinating policy development and implementation across departments is welcomed in the UK.
Fulfillment of the Rights and Obligations of Husbands and Wives with Disabilities from the Perspective of the Bahsul Masail NU Regency Institution Pemalang : Case study in North Wanarejan Village, Pemalang Regency Sofiatun Nufusul Karimah
Asian Journal of Law and Humanity Vol 3 No 2 (2023)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v3i2.6

Abstract

Rights are things that a person receives from other people, while the obligations referred to here are what a person should do to other people. The rights and obligations in this family aim to make each member aware of their obligations to others. One of the obligations that must be carried out is family maintenance. It is someone’s expenditure in the form of a need for someone who is obliged to provide for it. Fulfillment of these rights and obligations must be fulfilled by every married couple, including persons with disabilities. In fact, in the aspect of family and marriage, persons with disabilities have difficulties in carrying out household life. They cannot fully fulfill their rights and obligations as husband and wife for reasons of their disability. Even though persons with disabilities who are married cannot be separated from their obligations as husband and wife. They still have to fulfill their obligations as befits a husband and wife. This research takes the perspective of the Bahsul Masal Institute of PCNU Pemalang Regency, where the Bahsul Masail Institute is a forum for discussion of scholars to discuss problems in society, especially Nahdiyyin residents who make up the majority in North Wanarejan Village.
Fulfilling the Rights And Obligations Of The Ldr / Long Distance Relationship Family : Analysis Of The Vow Of Taklik Talak In Marriage Case Study Of Pekalongan District Liana Mas’udah; Uswatun Khasanah
Asian Journal of Law and Humanity Vol 3 No 2 (2023)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v3i2.7

Abstract

There have been countless events that occur in marriage issues that intersect with the rights and obligations of a family to lead to a sakinah family, as happens to families who experience LDR with their spouses often violate as stated in the pledge of ta'lik talaq such as not fulfilling the dhohir and mental income continuously (6 months and even more than a year) to abandon their family without give news and provide for his family. The formulation of the problem in this study: how to fulfill the rights and obligations of LDR families and how to study Islamic law on the fulfillment of the rights and obligations of LDR families based on the pledge of taklik talaq in Pekalongan Regency. The purpose of this study is to find facts about the things that LDR families in Pekalongan Regency strive for the fulfillment of their rights and obligations and identify cases that occur in LDR families in Pekalongan Regency based on the content of the talaq pledge. This research is a type of field research with a sociological normative approach. The types of data used include primary and secondary data. The primary data sources are informants from several LDR family couples in Pekalongan Regency and communities related to this research, while the secondary data includes normative materials and other supporting documents related to the research. All data was collected through interviews and documentation. The Theory of Rights and Duties of Husband and Wife and the content agreement of ta'lik talaq became the basis of the theory used. Based on the data analysis conducted, it was concluded that there are still LDR family couples who violate the content of talaq ta'lik, especially related to the rights of wives and children that have not been fulfilled for several months. Eventually they became victims of LDR and there are still many of these couples who do not understand the meaning of the contents of ta'lik talaq which contains the husband's agreement to his wife and family.
Fulfilling Husband's Livelihood Obligations As A Migrant : Study in Sidorejo Village, Warungasem District, Batang Regency Farah Ratu Octaviana
Asian Journal of Law and Humanity Vol 3 No 2 (2023)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v3i2.8

Abstract

The husband is the leader of the household so that the husband as the head of the household has the obligation to provide physical and spiritual support. However, in reality, not all married people can fulfill their respective rights and obligations due to certain reasons. This is what happened in Sidorejo Village in families where the husband had to migrate, the husband had not been able to fully carry out his obligations in terms of providing support, both physical and mental support, so that the wife's rights had not been fulfilled. This neglect of providing a living results in various problems in their household life. This research aims to describe and analyze the fulfillment of husband's support obligations as a migrant as well as to explain and analyze the review of Islamic law regarding the fulfillment of husband's support obligations as a migrant in Sidorejo Village, Warungasem District, Batang Regency. This research is field research, where the researcher observes a phenomenon in a natural setting. The research approach used by researchers is a qualitative method. The data sources used are primary data sources and secondary data sources. Data collection techniques are interviews, observation and documentation. Data analysis in this research uses interactive model data analysis. The results of this research conclude that in terms of fulfilling the obligation of birth support (money), one of the migrant husbands in Sidorejo Village, Warungasem District, Batang Regency has carried out his obligations well, while the other two people have not been able to fulfill them. In terms of providing housing, everything has been fulfilled. In terms of good treatment, one of the husbands has done it well, while the other two people have not treated their wives well. Furthermore, regarding the issue of whether or not only one husband can guide his wife, the other two husbands have not been able to guide their wives well. Some migrant husbands in Sidorejo Village have fulfilled their husband's support obligations and are in accordance with the provisions of Islamic law and Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law, but there are also those who are not in accordance with the provisions of Islamic law and Law Number 1 of 1974. 1974 Concerning Marriage and the Compilation of Islamic Law.

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