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Alamul Yaqin
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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 6 Documents
 1 
Search results for , issue "Vol 5 No 1 (2025)" : 6 Documents clear
Keadilan dan Etika dalam Kebijakan Pertambangan: Inkonsistensi Hukum Pemberian Konsesi Tambang pada Ormas Keagamaan Noor, Muhammad
Asian Journal of Law and Humanity Vol 5 No 1 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v5i1.1

Abstract

Mining concession policies in Indonesia face serious challenges due to inconsistent norms, which are now complicated by profound ethical dimensions. This study analyses the vertical inconsistency between Government Regulation No. 25 of 2024, which prioritises mining concessions for religious organisations, and Law No. 3 of 2020, which limits such rights to state-owned enterprises, regional-owned enterprises, and private enterprises. Using normative legal research methods, the results of the study show that Article 83A paragraph (1) of PP No. 25 of 2024 adds a new norm that substantially contradicts the above law. More than just a legal issue, this policy raises crucial ethical questions. From an ethical perspective, granting this permit creates a conflict of interest for organisations that have historically played a role as moral and social guardians. The potential for abuse of authority and corruption also increases, undermining the principle of transparency. Furthermore, there are ethical concerns regarding the capacity and readiness of CSOs to manage extractive industries that pose high risks to the environment and society. Therefore, legal harmonisation is needed that not only guarantees certainty and justice, but also considers the broader ethical implications in order to prevent adverse social and environmental impacts.
Politik Hukum Pengakuan Hak Masyarakat Adat dalam Rancangan Undang-Undang Masyarakat Hukum Adat Krismawati, Wulan; Fareeha, Ardeli Zena El
Asian Journal of Law and Humanity Vol 5 No 1 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v5i1.2

Abstract

This paper aims to examine the legal construction of recognition for indigenous legal communities (MHA) in the Draft Law on Indigenous Peoples (RUU MHA) and analyze it within the context of Indonesia’s legal politics. Indigenous communities are a vital part of national diversity whose existence is acknowledged in Article 18B paragraph (2) of the 1945 Constitution. However, such recognition remains conditional and has yet to be effectively implemented. This research employs a normative legal method with statutory, historical, and conceptual approaches. The findings reveal that the RUU MHA offers a more comprehensive legal framework to secure the recognition of indigenous rights, including communal land, customary institutions, and freedom of belief. However, political challenges and overlapping regulations hinder its realization. In terms of legal politics, recognition of MHA is not yet a legislative priority, as seen in the delayed enactment of the bill since its inclusion in the 2012 National Legislation Program. Therefore, strong political will and legal reform are required to ensure that indigenous communities are fully recognized and protected. The RUU MHA is expected to become a legal instrument that fosters social justice and safeguards the rights of indigenous peoples in Indonesia.
The Vote of the Big Man in Papua's Noken System: Indigenous Justice and Human Dignity Nabila, Balgis; Luluardi, Yunas Derta
Asian Journal of Law and Humanity Vol 5 No 1 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v5i1.3

Abstract

The Noken system in Papua has generated significant debate regarding the balance between electoral democratic principles and Indigenous political traditions. Within this system, the Big Man holds a central position as the decision-maker for collective votes through structured community deliberation. Although frequently viewed as conflicting with the principle of “one person, one vote,” this practice represents an Indigenous conception of justice based on communal consensus and respect for leaders with strong moral legitimacy. This study aims to examine the role of the Big Man in the Noken system, its contribution to the protection of human dignity, and its relevance within Indonesia’s legal and democratic framework. Using a qualitative approach supported by literature review and analysis of Constitutional Court decisions, the research identifies that the legitimacy of the Big Man rests on a consistent record of service, the capacity to maintain social harmony, and customary authority recognized by the community. Findings indicate that the Noken system functions as a valid expression of cultural democracy when implemented in a participatory, transparent manner and when it accommodates individuals who choose to vote independently. This research offers a unique contribution by demonstrating the compatibility of Indigenous political mechanisms with human rights principles and by providing insights for strengthening electoral governance in Indigenous regions.
Konstitusionalitas Perlindungan Hukum bagi Orang dengan Gangguan Jiwa di Indonesia Hafid Ma’ruf Haqiqi, Hafid Ma’ruf Haqiqi
Asian Journal of Law and Humanity Vol 5 No 1 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v5i1.4

Abstract

Human rights apply to every individual regardless of condition, including people with mental disorders (ODGJ) who hold equal status before the law (equality before the law). However, observations in Pekalongan City show that many ODGJ remain neglected on the streets without adequate protection from responsible parties. As Indonesian citizens, they are entitled to access medical treatment and a decent standard of living. This study aims to analyze legal protection for the constitutional rights of ODGJ and to identify the factors influencing such protection. The research employs an empirical legal approach combined with statutory and qualitative approaches. Data were collected through interviews, observation, and documentation, then analyzed using an interactive model. The findings reveal that legal protection for ODGJ by the Pekalongan City Government consists of two forms: preventive (prevention) and repressive (law enforcement). Although these efforts are implemented, their execution remains suboptimal and still faces shortcomings. The factors influencing the protection of ODGJ’s constitutional rights, based on Lawrence M. Friedman’s legal system theory, include legal substance (regulations that are not fully clear and applicable), legal structure (limited implementing institutions), and legal culture (stigmas and low public awareness regarding the rights of ODGJ).
Utang Informal dan Kekerasan Berbasis Gender: Nikah Paksa sebagai Praktik Transaksional di Jawa Tengah 'Ilma, Farichul
Asian Journal of Law and Humanity Vol 5 No 1 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v5i1.5

Abstract

The right to choose a spouse is a fundamental principle in marriage. However, forced marriage remains prevalent in Indonesia, often driven by economic pressures. One such practice—forced marriage as a means of repaying parental debt—still occurs in Pakuncen, Wiradesa, Pekalongan, and serves as the focus of this study. This research aims to identify the underlying factors behind this practice and examine its legal implications from a socio-legal perspective. Employing empirical research with a socio-legal approach and a case study method, this study draws on both primary and secondary data collected through observation, interviews, and documentation. The findings reveal that urgent economic circumstances are a key driver of forced marriage for debt repayment in Pekuncen Village. This practice conflicts with Indonesian marriage law, which upholds free consent, and is not supported by Islamic law. It results in the loss of individual rights, disruption of family relationships, and perpetuation of gendered power imbalances. From a socio-legal perspective, these marriages illustrate how legal norms fail to function effectively when confronted by entrenched patriarchal culture and structural poverty. The study concludes that legal regulation alone is insufficient; meaningful solutions require social transformation, gender-sensitive mediation, and community empowerment to eradicate debt-driven forced marriage.
Argumentasi Hukum Aktivis Gender terhadap Penolakan Sanksi Pidana Pelaku Pemerkosaan dalam Rumah Tangga pada Fatwa MUI 2015 Umam, Misbahul Fuadil
Asian Journal of Law and Humanity Vol 5 No 1 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v5i1.6

Abstract

This research aims to analyze the views of gender activists regarding MUI Fatwa Number 02/MUNAS-IX/MUI/2015 concerning the rejection of criminal sanctions for perpetrators of domestic rape and to find out the legal arguments from the sources regarding this fatwa. Domestic sexual violence is an important and often overlooked issue in society. This research uses field research methods with an interactive qualitative approach using primary data sources obtained by interview techniques with informants, namely UIN gerder activist K.H Abdurrahman Wahid Pekalongan, and secondary data in the form of research book literature obtained using documentation techniques. The data was analyzed using interactive model qualitative data analysis techniques. The research results concluded that gender activists' views varied regarding the fatwa. Some activists have different views about this fatwa. However, all of them rejected this fatwa on sexual coercion in the household, not sexual violence, because it was deemed not to support the protection of victims and strengthen patriarchal norms. Arguments from gender activists refer to the PKDRT Law which categorizes domestic rape as sexual violence. This research suggests that the fatwa be reviewed and accompanied by case studies to increase public understanding and acceptance and provide appropriate legal solutions for perpetrators of domestic rape.

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