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Alamul Yaqin
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alamul.yaqin@uingusdur.ac.id
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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
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Search results for , issue "Vol. 1 No. 1 (2021): October - February" : 6 Documents clear
Human Rights Thought: Between Islamic Law and The Universal Declaration of Human Rights Deviana Yuanitasari; Hazar Kusmayanti
Asian Journal of Law and Humanity Vol. 1 No. 1 (2021): October - February
Publisher : Faculty of Sharia, State Islamic University KH. Abdurrahman Wahid Pekalongan, Central Java, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (818.547 KB) | DOI: 10.28918/ajlh.v1i1.4365

Abstract

The issue of human rights among Muslim countries is nothing new. Islamic Shari'a which is universal explains a lot of basic principles regarding equality of human rights and freedoms, even when the Prophet Muhammad declared the Medina Charter. The history of the enactment of Islamic law among Muslim communities has shifted from a vertical normativity point to a horizontal one. This is because the development of the enactment of Islamic law has also been influenced by socio-cultural dynamics and legal politics in Islamic society itself. Islam has first taught mankind about the concept of egalitarianism, universalism and democracy. This beautiful and comprehensive concept is allegedly adopted by the West through the emergence of universal ideas which are standardized in the Universal Declaration of Human Rights convention. Islam is an ash-Syumul religion. Islamic teachings cover all aspects of human life. Islam provides regulations and demands on humans, ranging from the smallest affairs to large-scale affairs. And of course, it includes rules and high respect for human rights (HAM). However, it is not in one structured document but is spread out in the holy verses of the Koran and the Sunnah of the Prophet Muhammad.
Differential Association Theory Overview Against Children of Criminal Acts of Terrorism Apriliani Kusumawati
Asian Journal of Law and Humanity Vol. 1 No. 1 (2021): October - February
Publisher : Faculty of Sharia, State Islamic University KH. Abdurrahman Wahid Pekalongan, Central Java, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (232.086 KB) | DOI: 10.28918/ajlh.v1i1.4375

Abstract

This paper examines children as perpetrators of criminal acts of terrorism and efforts to protect children's rights through a criminological policy approach with focus on the principles and norms of criminal law on the rights of children who are perpetrators of terrorism crimes. This normative juridical research uses a statutory, conceptual, philosophical and case approach. The analysis technique uses prescriptive analysis with logic and legal reasoning. The results of the study show that the involvement of children as perpetrators in criminal acts of terrorism is in line with the Differential Association Theory which states that criminal behavior is a learned behavior. In addition, the cause of children becoming perpetrators of acts of terrorism can also be explained through Motivation Theory. There are 2 (two) kinds of motivation, namely intrinsic motivation (internal) and extrinsic motivation (external). Efforts to protect children's human rights as perpetrators of criminal acts of terrorism through the Criminal Policy approach can be carried out with 2 (two) approaches, namely the Penal Policy or efforts to overcome crimes with criminal law and Non-Penal Policies or efforts to overcome crimes outside the criminal law.
Constitutional Rights of Woman Commercial Sex Workers in Bending Sari Pekalongan Bunga Desyana Pratami
Asian Journal of Law and Humanity Vol. 1 No. 1 (2021): October - February
Publisher : Faculty of Sharia, State Islamic University KH. Abdurrahman Wahid Pekalongan, Central Java, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (969.241 KB) | DOI: 10.28918/ajlh.v1i1.4376

Abstract

This paper analyzes the fulfillment of the constitutional rights of women commercial sex workers and the responsibility of the State in fulfilling the constitutional rights of women commercial sex workers in Bendan Sari, Pekalongan City. This empirical juridical research uses a qualitative approach. Collecting data using observation, interviews and literature study. The analysis uses an interactive model. The results show that the constitutional rights of women commercial sex workers in Bending Sari have not been fully fulfilled. For example, the right to a decent life, the right to health care and the right not to be discriminated against. This is due to the local government's rejection of their existence as Commercial Sex Workers, so they do not get the space and opportunity to fight for their rights. The responsibility of the state, in this case is the Pekalongan City government to fulfill the constitutional rights of Women Commercial Sex Workers in Bendan Sari carried out by prevention and guidance to them through social services by providing training and business capital. The aim is that the female commercial sex workers who have been trained have the skills and willingness not to return to work as sex workers, so that they can continue to live a better, decent and healthy life. In addition, to protect the rights of citizens, in this case the community in the vicinity of the Bendan Sari prostitution area.
Conception of the Contents of the Medina Charter and the 1945 Constitution: The Right to Freedom of Religion Rifky Mohammad Ramdany
Asian Journal of Law and Humanity Vol. 1 No. 1 (2021): October - February
Publisher : Faculty of Sharia, State Islamic University KH. Abdurrahman Wahid Pekalongan, Central Java, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (230.536 KB) | DOI: 10.28918/ajlh.v1i1.4946

Abstract

The right to freedom of religion is a right that must be regulated and guaranteed by the state as a fundamental and universal human right inherent in human beings. This study aims to analyze the differences in the regulation of the right to religious freedom in the Medina Charter and the 1945 Constitution of the Republic of Indonesia and their application. This normative juridical research uses a legal and conceptual approach. The results of the study indicate that both the Medina Charter and the 1945 Constitution of the Republic of Indonesia have contained provisions regarding the right to freedom of religion, but there are fundamental differences between the two, namely in terms of the difference in regulation between religion and belief. The 1945 Constitution of the Republic of Indonesia stipulates that there are differences between religion and belief, while in the Medina Charter there is no different arrangement between religion and belief. The 1945 Constitution of the Republic of Indonesia only regulates rights, while obligations are not regulated and must be carried out according to their respective beliefs. The conception of differences in regulation between religion and belief in the 1945 Constitution of the Republic of Indonesia can be an opportunity to cause religious conflict in Indonesia.
Legal Protection Against The Exploitation of Child Labor in Indonesia Siti Maymanatun Nisa
Asian Journal of Law and Humanity Vol. 1 No. 1 (2021): October - February
Publisher : Faculty of Sharia, State Islamic University KH. Abdurrahman Wahid Pekalongan, Central Java, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (211.951 KB) | DOI: 10.28918/ajlh.v1i1.4947

Abstract

This paper discusses the causes and impacts of exploitation of child labour in Indonesia, protection and legal sanctions for perpetrators of exploitation of child labour in Indonesia. This normative juridical research uses a statutory, conceptual and case approach. The analysis technique uses prescriptive analysis with logic and legal reasoning. The results of the study indicate that the cause of child labour exploitation is poverty; low education of parents and children; social environment; and culture. The impacts of child labour exploitation include: a) not having time to play b) children's growth and development, poor physical and mental health of children c) low self-esteem; d) Vulnerable to discriminatory treatment and work accidents; e) vulnerable to acts of violence, exploitation and abuse. Legal protection for exploited children is carried out by 1) disseminating relevant laws and regulations; 2) monitoring, reporting, and providing witnesses, and; 3) involvement of companies, trade unions, non-governmental organizations, and the community. Sanctions against the exploitation of child labour are a form of government concern for the protection of children's rights which aim to achieve justice, legal certainty and benefit for children. The provisions for these sanctions are regulated in Law Number 35 of 2014 concerning Child Protection.
From Discrimination Towards The Justice Of Law (A Study Of Marriage Registration For Adherent Of Belief) asian journal of law and humanity; Syarifa Khasna
Asian Journal of Law and Humanity Vol. 1 No. 1 (2021): October - February
Publisher : Faculty of Sharia, State Islamic University KH. Abdurrahman Wahid Pekalongan, Central Java, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (258.808 KB) | DOI: 10.28918/ajlh.v1i1.5282

Abstract

The existence of adherents of belief in Indonesia is still discriminated against regarding their legal standing in the front of the State, especially regarding the issue of marriage registration. Adherents of belief are not included in the religion recognized by the state so that it is difficult to register their marriages. This is important to discuss because marriage registration will affect the marital legal standing and is related to the state'sobligation to provide justice and equal rights. This article discusses the legal justice of marriage registration for adherents of belief using the normative juridical method. The results of the study indicate that although the state has regulated the procedure for registering marriages for adherents of belief, there are still many adherents of belief who experience problems in registering marriages because not all religious organizations are registered. This is phenomenon are deemed not in line with the implementation of the 1945 Constitution which guarantees the constitutional rights of adherents of belief, including the registration of marriages.

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