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[Establishment of a Supervisory Institution as Effort Fulfillment of Children's Rights Due To Divorce ]]>
<![CDATA[Ummu Salamah]]>;
<![CDATA[Tahir Luth]]>;
<![CDATA[Rachmi Sulistyarini]]>;
<![CDATA[Dhiana Puspitawati]]>
<![CDATA[ Asian Journal of Law and Humanity Vol 2 No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/ajlh.v2i2.3
<![CDATA[The responsibility of parents towards fulfilling children's rights must still be carried out even though both parents have divorced. In the Constitutional Marriage it is explained that a father is responsible for all the rights to life for his children, but often the father is negligent in fulfilling his obligations even though there has been a judge's decision in court. Basically in court, actually the implementation of a request in fulfilling the child's maintenance rights can be done if the father is negligent, but the implementation is not easy. This study will examine what are the juridical obstacles to fulfilling children's rights as a result of divorce and how to fulfill children's livelihood rights in the future. The purpose of this study is to describe efforts to fulfill children's livelihood rights as a result of divorce. This research is a normative legal research with a literature study approach, a case approach, and a comparison of efforts to fulfill children's rights to a just life. The results of the research in this description are that it is very necessary to have a supervisory institution that will oversee the level of compliance of fathers in fulfilling their children's right to life due to divorce.]]>
<![CDATA[Legal Formulation Policy on the Privacy Protection of Children and Persons with Disabilities in Indonesia ]]>
<![CDATA[Nabella Maharani Novanta]]>;
<![CDATA[Bunga Desyana Pratami]]>
<![CDATA[ Asian Journal of Law and Humanity Vol 2 No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/ajlh.v2i2.4
<![CDATA[The Law of the Republic of Indonesia Number 27 of 2022 Concerning Personal Data Protection contains provisions regarding the privacy data of children and persons with disabilities that are specifically regulated. The rules regarding the protection of personal data are important, especially in light of the rapid development of technology. The existence of Personal Data Protection Law must be motivated by the purpose of law as a tool to integrate and coordinate various interests in society by regulating the protection and limitations of these various interests. This study falls under the category of normative-juridical research, which employs prescriptive methods such as logic and legal reasoning. Using a statutory, philosophical, and conceptual approach, this study will examine the existing privacy regulations for children and persons with disabilities and the principles of protection and ideal rules regarding the privacy of children and persons with disabilities in the future. The results of the study show that there are still weaknesses in the protection of children's and persons with disabilities' data; all data on children and persons with disabilities tends to be at risk of being misused because there is still a legal vacuum regarding technical rules for protecting children's and persons with disabilities' data. Unfortunately, the Personal Data Protection Law does not regulate the "special" process in question. Furthermore, there is no definite age standard regarding the classification of children in the Personal Data Protection Law. The Personal Data Protection Law, which regulates the privacy of children and persons with disabilities, is not in accordance with the theory of legal protection and the theory of legal certainty.]]>
<![CDATA[Legal Certainty Holders of Child Rights are not Mumayyiz Post-Divorce after Their Mother Married in Indonesia ]]>
<![CDATA[Delbi Ari Putra]]>
<![CDATA[ Asian Journal of Law and Humanity Vol 2 No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/ajlh.v2i2.5
<![CDATA[The provisions of Article 105 letter (a) of the Compilation of Islamic Law (KHI) state the mother's right to maintain a child who is not yet mumayyiz or under 12 years of age. However, the regulations do not state explicitly whether the mother's custody rights remain or transfer to another party when the mother remarries another man. This paper aims to examine the custody of children who are not yet mumayyiz after the mother re-marries in a normative juridical manner using a descriptive approach. The results of the study concluded that the mother as the holder of child custody has not been mumayyiz after her divorce, but still has the right to continue parenting rights. With note, her marriage to another man did not cause any negligence and she was still able to carry out her obligations and responsibilities to care for, nurture, and educate her. If the best interests of the child can no longer be realized and cause disputes related to child care and to obtain legal certainty, then through a court process, custody rights can be transferred to other parties which consist sequentially of the biological father, adoptive parents who get a court decision, the child's family. in a straight line upwards and adult siblings, their guardians who have received a stipulation from the court and the competent authority.]]>
<![CDATA[Perpetrators of Abortion Due to Rape ]]>
<![CDATA[Fahrur Razi]]>;
<![CDATA[Riska Nur Hasanah]]>;
<![CDATA[Rosy Kusuma Dewi]]>
<![CDATA[ Asian Journal of Law and Humanity Vol 2 No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/ajlh.v2i2.6
<![CDATA[This study examines the perpetrators of abortion as a result of rape in a review of Islamic law. The formulation of the problem in this study is how the perpetrators of abortion as a result of rape in view of Islamic law. The method used in this research is a qualitative research approach with a descriptive research type. The discussion in this research is in the form of the process of human creation in Islam, the law of women as perpetrators of abortion due to rape in the perspective of the Koran, Hadith, and the perspective of the scholars. This research resulted in the conclusion that abortion should not be done because it is the same as killing a human being. However, on the other hand and in certain circumstances, by adhering to Islamic law through a review of maqashidu al- shari'ah, which has the concept of obtaining benefits and avoiding harm, abortions carried out by women victims of rape can be legally permitted. law, if it does not have the opportunity to endanger the life of the woman.]]>
<![CDATA[Fulfillment of Constitutional Rights for Child Victims of Sexual Violence in Batang Regency ]]>
<![CDATA[Rizkiyah, Ulva Syakirohtul]]>;
<![CDATA[Kamalludin, Iqbal]]>
<![CDATA[ Asian Journal of Law and Humanity Vol 4 No 1 (2024) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/ajlh.v4i1.2
<![CDATA[In 2022, there were 16 children victims of child sexual violence in Batang Regency, while in 2023 the number of child victims of sexual violence reached 50 victims. The government is responsible for providing security and welfare for every child victim of sexual violence based on Article 28 B paragraph (2) of the 1945 Constitution of the Republic of Indonesia. This paper is empirical legal research using a qualitative approach. The results of the research found that the fulfillment of the constitutional rights of children victims of sexual violence in Batang Regency has not been implemented optimally, shown among other things by the lack of fulfillment of the rehabilitation rights that should be obtained by children victims of sexual violence, as well as the legal culture of the people of Batang Regency which is still low in protecting children victims of violence. sexual. Children who do not receive rehabilitation and children who are victims but whose cases are not reported have the potential to have personality disorders due to trauma and psychological shock.]]>
<![CDATA[Fulfillment of the Constitutional Rights of Persons with Disabilities in Central Java Province Civil Servant Candidate Selection 2019 ]]>
<![CDATA[Sofiani, Trianah]]>;
<![CDATA[Latipah, Dwi]]>
<![CDATA[ Asian Journal of Law and Humanity Vol 4 No 1 (2024) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/ajlh.v4i1.3
<![CDATA[Issuance of a State Administrative Decree by the Regional Secretariat of Central Java Province to people with disabilities on behalf of M. Baihaqi who was considered discriminatory during the 2019 Central Java National Civil Service Candidate selection who was declared not to have passed due to the requirements for the type of disability and educational qualifications being inappropriate. Administrative efforts have been taken to regain his rights but have been unsuccessful. Until finally resorting to litigation by filing a lawsuit with PTUN Semarang and an appeal to PT TUN Surabaya but it was declared not accepted. Then in the cassation the Supreme Court granted all the claims and asked the defendant to revoke the issued State Administrative Decree and process M. Baihaqi's in the Central Java National Civil Service Candidate selection 2019. The research method used is normative juridical with statutory, conceptual and case approaches. The research results show that the fulfillment of the constitutional rights of persons with disabilities in the 2019 Central Java Civil Servant Candidate Selection is considered not optimal because the solution provided by the defendant as an implementation of the Supreme Court's decision is not in accordance with the Supreme Court's decision.]]>
<![CDATA[Human Rights Enforcement: Providing Social Security as a Standard for Labor Equity in Pekalongan Regency ]]>
<![CDATA[Khasna, Syarifa]]>;
<![CDATA[Aufan, Aries]]>
<![CDATA[ Asian Journal of Law and Humanity Vol 4 No 1 (2024) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/ajlh.v4i1.4
<![CDATA[The constitutional rights of workers' social security are basic rights obtained by workers in a company, these rights must be accepted by workers as regulated in the Law. This research aims to analyze the fulfillment of the constitutional social security rights of workers in Pekalongan Regency. This research is empirical juridical research with a statutory approach. Collection techniques are carried out through observation, interviews and documentation. The type of approach used is qualitative. The results show the fact that the government has not been optimal in carrying out or providing sanctions against companies that do not register their employees as BPJS social security participants. The Pekalongan Regency government's efforts to fulfill the constitutional rights of social security for workers include steps such as visiting existing companies to carry out outreach and participate in monitoring with BPJS Employment regarding BPJS Employment participation, but in its implementation the Government has not implemented it.]]>
<![CDATA[Prohibition of LGBT at the Qatar World Cup According to the Perspective of Qatari Islamic Law ]]>
<![CDATA[Pratama, Fandi Rakan Surya]]>;
<![CDATA[Jannah, Shofiatul]]>
<![CDATA[ Asian Journal of Law and Humanity Vol 4 No 1 (2024) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/ajlh.v4i1.5
<![CDATA[The prohibition of LGBT (Lesbian, Gay, Bisexual and Transgender) in the context of the Qatar World Cup is an interesting issue to analyze from the perspective of Qatari Islamic Law. This research aims to analyze the legal basis and arguments underlying the LGBT ban in the context of the 2022 FIFA World Cup in Qatar, with a focus on the Islamic Law perspective which is the basis of the country's law. The research method used is a qualitative approach with analysis of legal documents, including Qatar's constitution and relevant legal regulations. In addition, an interpretive approach to the principles of Islamic law is also applied to understand legal views regarding LGBT in the Qatari context. The research results show that the LGBT ban in the context of the Qatar World Cup is based on an interpretation of Islamic law which considers LGBT practices as a violation of religious values and norms. Qatar's Islamic law emphasizes that same-sex relations are against Islamic teachings and are considered unlawful. The Qatari Islamic Law perspective also emphasizes the importance of maintaining morality and the family which are the foundations of Qatari society. Therefore, the LGBT ban at the Qatar World Cup is seen as an effort to protect religious values and maintain the social integrity of society.]]>
<![CDATA[Fulfillment of Women's Constitutional Rights to Protection from Sexual Violence in University ]]>
<![CDATA[Nisa, Siti Maymanatun]]>;
<![CDATA[Ibrahim, Maulana Hasan]]>
<![CDATA[ Asian Journal of Law and Humanity Vol 4 No 1 (2024) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/ajlh.v4i1.6
<![CDATA[Increasing awareness of the need to protect women's constitutional rights, especially in the context of preventing and handling sexual violence in higher education, is the subject of increasingly in-depth attention. This research aims to investigate the fulfillment of women's constitutional rights in terms of protection against sexual violence in higher education environments, with a focus on the K.H. State Islamic University. Abdurrahman Wahid Pekalongan as a case study. The research method used is empirical juridical with statutory, conceptual and case approaches. Data was collected through interviews with respondents and literature study. The results of this research show that cases of sexual violence that occurred at UIN K.H. Abdurrahman Wahid Pekalongan, there were 12 cases where the victims were predominantly women. UIN K.H. Abdurrahman Wahid Pekalongan has attempted to fulfill women's constitutional rights to protection from sexual violence, but there are still several factors that are obstacles. Patriarchal culture, negative assessments of cases of sexual violence, lack of budget, lack of socialization, and intervention or threats against victims are things that need to be considered in efforts to handle sexual violence in the campus environment.]]>
<![CDATA[Guarantee of Constitutional Rights for Legal Protection of Indonesian Migrant Workers in Brebes Regency ]]>
<![CDATA[Khasanah, Karimatul]]>;
<![CDATA[Wahyuningsih, Sri]]>
<![CDATA[ Asian Journal of Law and Humanity Vol 4 No 1 (2024) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/ajlh.v4i1.1
<![CDATA[Indonesian migrant workers (PMI) are an important part of contributing to the country's economic development. However, the constitutional rights of migrant workers are often neglected and adequate legal protection is often not met. Brebes Regency, as one of the areas that sends many migrant workers, requires strong guarantees to protect the constitutional rights of migrant workers. The research aims to determine the form of constitutional rights to legal protection in Brebes Regency and the Brebes Regency Government's efforts to provide constitutional rights in the form of legal protection to migrant workers. This research is empirical juridical research with a conceptual and statutory approach. The research results show that First ; There are four factors that cause why migrant workers have not maximally received their constitutional rights to legal protection in Brebes Regency, namely : There are no special regional regulations in Brebes Regency, there is no complete database of workers in Brebes Regency, lack of budget, there is no Unit Team. Duties (Task Force) in Brebes Regency. Second: There are various efforts made by the Brebes Regency Government to provide constitutional rights in the form of legal protection to migrant workers, such as: The Brebes Regency Government is trying as quickly as possible to create or ratify the latest Regional Regulations. Propose a budget to support legal protection. Immediately create a task force team to provide legal protection for Indonesian migrant workers in Brebes Regency, trying to improve services to increase legal protection in Brebes Regency.]]>
