Asian Journal of Law and Humanity
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.
Articles
56 Documents
<![CDATA[FROM DISCRIMINATION TOWARDS THE JUSTICE OF LAW (A STUDY OF MARRIAGE REGISTRATION FOR ADHERENT OF BELIEF): (A Study Of Marriage Registration For Adherent Of Belief) ]]>
<![CDATA[Syarifa Khasna]]>
<![CDATA[ Asian Journal of Law and Humanity Vol 1 No 1 (2021) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.28918/ajlh.v1i1.6
<![CDATA[The existence of adherents of belief in Indonesia is still discriminated against regardingtheir legal standing in the front of the State, especially regarding the issue of marriageregistration. Adherents of belief are not included in the religion recognized by the stateso that it is difficult to register their marriages. This is important to discuss becausemarriage 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 ofmarriage registration for adherents of belief using the normative juridical method. Theresults of the study indicate that although the state has regulated the procedure forregistering marriages for adherents of belief, there are still many adherents of beliefwho experience problems in registering marriages because not all religiousorganizations are registered. This is phenomenon are deemed not in line with theimplementation of the 1945 Constitution which guarantees the constitutional rights ofadherents of belief, including the registration of marriages.]]>
<![CDATA[DIFFERENTIAL ASSOCIATION THEORY OVERVIEW AGAINST CHILDREN OF CRIMINAL ACTS OF TERRORISM ]]>
<![CDATA[Aprilia Kusumawati]]>
<![CDATA[ Asian Journal of Law and Humanity Vol 1 No 1 (2021) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.28918/ajlh.v1i1.1
<![CDATA[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.]]>
<![CDATA[Legal Protection Of Children With Special Needs In The Era Covid-19 According To Islamic law Perspective ]]>
<![CDATA[Mhd Yadi Harahap]]>;
<![CDATA[Hafsah]]>;
<![CDATA[Mashuri Siregar Hall]]>;
<![CDATA[M. Fajri Syahroni Siregar]]>
<![CDATA[ Asian Journal of Law and Humanity Vol 2 No 1 (2022) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.28918/ajlh.v2i1.1
<![CDATA[The Indonesian Ulema Council has issued a fatwa, one of which is a fatwa on the Ahmadiyya group to safeguard the orthodoxy of Sunni theology from deviant theology. This study aims to examine the MUI fatwa on Ahmadiyah from the perspective of Islamic law and human rights using the theory of religious freedom developed by Tore Lindholm. This normative juridical research uses a conceptual and historical approach. The primary data source is the Fatwa Compilation of the Indonesian Ulama Council Since 1975, books of interpretation, hadith, and fiqh. Data collection techniques using documentation and interviews. Interviews were conducted with informants from the Indonesian Ulema Council (MUI). The results showed that the MUI Fatwa regarding the Ahmadiyah group was based on two arguments. The first argument is that Islamic law is based on the Qur'an, hadith, and ijma' according to the interpretation of classical scholars. The second argument is the limitation of human rights because the Ahmadiyya group can pose a threat to public order. MUI considers that any group or theology that is declared "deviant" and not by the Qur'an, hadith, and ijma' is considered a threat to public order. This means that MUI still uses classical literature as a reference for its fatwas, but at the same time understands public order as a principle of human rights. This position shows that MUI has a dual role, namely as an agent of modernization and conservatism in human rights discourse.]]>
<![CDATA[Between Conservatization and Modernization of Human Rights: A Study of MUI’s Fatwa on Ahmadiyah ]]>
<![CDATA[Zainul Mun’im]]>
<![CDATA[ Asian Journal of Law and Humanity Vol 2 No 1 (2022) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.28918/ajlh.v2i1.2
<![CDATA[This paper analyzes the legal protection of children with special needs during the COVID-19 pandemic. This legal sociology research uses a qualitative approach. The research location is in Medan, North Sumatra province. The results show that the legal protection of children with special needs in Medan City, North Sumatra province related to education, rehabilitation, and social assistance is still not fulfilled even though there are regional regulations in the province of North Sumatra. This is due to inadequate facilities and infrastructure that hinder the fulfillment of these rights. This is contrary to Islamic law, where children's rights must be guaranteed, protected, and fulfilled by maqashid al-syari'ah, namely the maintenance of offspring. It also contradicts Article 5 paragraph (1) of Law Number 8 of 2016 concerning Persons with Disabilities, that persons with disabilities have the same rights in life and livelihood.]]>
<![CDATA[Fulfillment of Workers' Rights in The Terminating Employment Relationships During The Covid-19 Pandemic ]]>
<![CDATA[Rita Rahmawati]]>;
<![CDATA[Nurul Qomariyah]]>;
<![CDATA[Trianah Shofiani]]>
<![CDATA[ Asian Journal of Law and Humanity Vol 2 No 1 (2022) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.28918/ajlh.v2i1.3
<![CDATA[This paper analyzes the fulfillment of workers' rights in Termination of Employment Relationship during the Covid 19 Pandemic at PT Sukorintek and legal remedies that can be taken to fulfill workers' rights.This empirical juridical research uses a qualitative approach. Data collection techniques using interviews and documentation studies. The analysis technique uses an interactive model. The results showed that, Fulfilling workers' rights in Termination of Employment Relationship during the Covid 19 Pandemic at PT. Sukorintex Indah Textile is not in accordance with the provisions of the labor laws and regulations. PT. Sukorintex only provides severance pay to workers as much as 0.40 (40%) of the amount that should be received by workers. Whereas according to the labor laws and regulations, workers who are laid off due to force majeure which do not cause the company to close as in the case of PT Sukorintek are entitled to severance pay of 0.75 (zero point seventy five) times of service; 1 (one) time service award in accordance with the period of service and compensation for other entitlements in accordance with the period of service. Legal remedies that can be taken in the case of PT. Sukorintex, among others: using non-litigation, namely bipartite negotiations, mediation, and conciliation or using litigation, namely through the Industrial Relations Court at the District Court in the legal area where the worker/laborer works.]]>
<![CDATA[Enforcement of Norms of Women's Representation in The Regional House of Representatives of Pekalongan Regency, Period 2019-2024 ]]>
<![CDATA[Teti Hadiati]]>;
<![CDATA[Eni Purwanti]]>
<![CDATA[ Asian Journal of Law and Humanity Vol 2 No 1 (2022) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.28918/ajlh.v2i1.4
<![CDATA[This Paper analyzes about enforcement the norm of women's representation in the Regional House of Representatives of Pekalongan Regency for the period 2019-2024 and its implications for regional policies related to women's issues. Empirical juridical research uses a qualitative approach. Data collection techniques using interviews, questionnaire and the documents studies. Technical analysis using interactive models. The results showed that, enforcement norms of woman’s representation in the Regional House of Representatives of Pekalongan Regency for the period 2019-2024 not effective because there are several factors that influence it, among others: 1) the substance of the norms of representation of 30% women in the legislative institutions contained in the electoral law is inconsistent because if the registration of political parties participants does not the requirements of 30% of Women's representation, political parties are allowed to improve the proposed candidates. The norm will make political parties election participants in recruiting Women as an only formality with jargon " the important thing is fulfilled” without regard to the quality of Women's participants; 2) Knowledge and understanding of Pekalongan District community about women's politics are still low, so that if women run for election participants then very small supporters; 3) patriarchal legal culture build a mindset that the political world is identical with a man. The implications of enforcing the norm of 30% of women's representation in the Regional House of Representatives of Pekalongan Regency , namely being able to represent women's voices and fight for women's rights through policies and programs produced. That is, with the representation of women in regional House of Representatives, the needs of women will be met because those who know and understand the needs and problems of women are women themselves.]]>
<![CDATA[Implementation Of Social Protection Policy Through Program Keluarga Harapan (PKH) In Rural Society ]]>
<![CDATA[Ade Ayu Murti Asih]]>;
<![CDATA[Saif Askari]]>;
<![CDATA[Trianah Shofiani]]>
<![CDATA[ Asian Journal of Law and Humanity Vol 2 No 1 (2022) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.28918/ajlh.v2i1.5
<![CDATA[This paper analyzes about the implementation of the PKH program and the factors that influence the implementation of the program. This policy evaluation research uses a qualitative approach. Data obtained by observation, interviews, and documentation. The selection of informants used a purposive technique and was developed using the snowball method. The analysis technique uses an interactive model. The results of the study show that the implementation of PKH in North Wanarejan village is in accordance with the Regulation of the Minister of Social Affairs of the Republic of Indonesia Number 1 of 2018 concerning PKH. Supporting factors in the implementation of PKH include: 1) the enthusiasm of the residents in responding to the Program; 2) the presence of PKH recipients participating in activities; 3) active recipients of PKH assistance in implementing the program; 4) PKH recipients are easy to accept suggestions and directions from PKH facilitators. Meanwhile, the inhibiting factors in the implementation of PKH include: 1) the community does not understand the regulations related to the PKH mechanism; 2) the data received by the PKH facilitator is direct data from the central government, so the data is different from the facts on the ground; 3) The names of PKH participants who are not entitled to receive assistance cannot be exchanged, replaced or added. This fact contradicts the Regulation of the Minister of Social Affairs No. 1 of 2018 concerning PKH.]]>
<![CDATA[Effectiveness of Batang Regional Regulation Number 4 of 2015 Concerning Eradication of Prostitution in Prostitution Localization Area of Karangasem Village, Batang District ]]>
<![CDATA[Eri Atna]]>;
<![CDATA[Uswatun Khasanah]]>
<![CDATA[ Asian Journal of Law and Humanity Vol 2 No 1 (2022) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.28918/ajlh.v2i1.6
<![CDATA[This study aims to determine the effectiveness of Regional Regulation Number 4 of 2015 concerning the Eradication of Prostitution in Batang Regency and to find out the legal consequences. The case raised in this study is a localization case that occurred in Karangasem Village, Batang Regency. Prostitution is an activity that violates religious norms and state regulations, this is because it has a negative impact on oneself and many people. Cases of prostitution are still rife in Batang Regency even though Batang Regency is a place where religious values and culture of decency are highly guarded. This is what makes the Batang district government act to tackle, eradicate, bring order and close these dirty businesses. Due to the existence of the prostitution place, it has violated several regional regulations, namely Regional Regulation No. 4 of 2015 concerning the Eradication of Prostitution. The existence of these regional regulations reflects that the local government is committed to eradicating prostitution but indeed enforcement is still minimal, judging by the fact that there are still many stalls or places that are used as prostitution practices. This type of research is empirical juridical with a statutory research approach. Sources of data in this study are primary data and secondary data obtained through observation, interviews, and documentation. While the analysis technique used by the author is a qualitative analysis technique. The results of the research on public legal awareness of the negative impact of prostitution are very low. The legal consequences of the lack of maximum legal awareness of the community towards the negative impact of prostitution are the rampant practice of prostitution, the failure of the laws made to tackle prostitution cases. It would be better if the local government to the village government made regular education so that the suppression of the number of prostitution decreases.]]>
<![CDATA[Fulfilling the Rights to Accessibility of Persons with Disabilities in Pemalang State Court Legal Services ]]>
<![CDATA[Enggal Aflah Syafiqoti]]>;
<![CDATA[Teti Hadiati]]>
<![CDATA[ Asian Journal of Law and Humanity Vol 2 No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.28918/ajlh.v2i2.1
<![CDATA[Human rights are rights that exist in every human being. These rights are obtained by every human being or can be called equal to one another. Persons with Disabilities have the same Human Rights as society in general. One of them is the Rights of Persons with Disabilities in the Pemalang District Court because the Pemalang District Court is a community service which is certainly the center of attention for every community. So the purpose of this study is to find out the implementation of the fulfillment of Accessibility Rights for Persons with Disabilities in the District Court based on existing regulations and Constitutional Rights. So that this research is expected to make public awareness more open to persons with disabilities and for the government to pay more attention. This study uses empirical juridical research methods with a qualitative approach that uses interactive analysis techniques to analyze the problems that exist in this study. The data used are primary data obtained from interviews and direct observation at the research location, as well as secondary data obtained from written reports and documents obtained from the literature. The results of this study indicate that the implementation of the fulfillment of Accessibility Rights for Persons with Disabilities at the Pemalang District Court is not in accordance with Constitutional Rights and regulations that have been made by the government. At the Pemalang District Court there are still some that have not been fulfilled in terms of physical and non-physical accessibility. And in reality, there are still many in our own society who view people with one-sided disabilities who cannot work and cannot do other positive things like society in general. So that many of their lives are deprived because they are hampered in terms of mobility. In the Regional Government itself, there are also those who have not made specific regulations regarding the rights of Persons with Disabilities. Which regulations must be made in each region to support the survival of Persons with Disabilities.]]>
<![CDATA[Exploitation of Child Rights in Islamic Family Law Perspective ]]>
<![CDATA[Sri Asmita]]>;
<![CDATA[Muhammad Abdillah]]>;
<![CDATA[Ifrohati]]>;
<![CDATA[Lusiana]]>;
<![CDATA[Hana Pertiwi]]>
<![CDATA[ Asian Journal of Law and Humanity Vol 2 No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.28918/ajlh.v2i2.2
<![CDATA[Exploitation of children has changed the perspective and morality of humans towards criminal law, at the same time government policies have made a clear regulation on the enforcement of legal protection for children who are victims of exploitation. The study is based on the argument that there is no law enforcement on the practice of child exploitation so that exploitation continues to occur continuously. This study applies a literature study approach and policy review and various data sourced both online and offline which will later be able to provide an objective picture of how child exploitation is in law from the perspective of Islamic family law. As has been found in previous research on punishment for perpetrators of child exploitation, it has ignored the justice of children victims of exploitation by their parents, close people and community agencies. Law enforcement cannot guarantee absolute rights for children autonomously, this is due to many considerations so that legal protection for child victims of exploitation is very difficult to enforce. Thus, a discussion is needed to provide legal protection for child victims of exploitation with the perspective of Islamic family law.]]>
