cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Alamul Yaqin
Contact Email
alamul.yaqin@uingusdur.ac.id
Phone
+62895636970297
Journal Mail Official
ajlh@uingusdur.ac.id
Editorial Address
Jl. Pahlawan Rowolaku, Kec. Kajen, Pekalongan, Jawa Tengah, Indonesia. PO.BOX 51161
Location
Kota pekalongan,
Jawa tengah
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 67 Documents
 3   4   5   6   7 
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.
Pemenuhan Hak dan Tanggung Jawab Suami terhadap Istri dengan Gangguan Kejiwaan: Analisis Sosio-Legal Berbasis Keadilan Gender di Jenggot, Pekalongan Fitriyani, Fenti
Asian Journal of Law and Humanity Vol 5 No 2 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v5i2.1

Abstract

This research is based on the social reality that many husbands do not yet understand their responsibilities towards wives with mental disorders, even though the wife's psychological condition often affects family function, especially in emotional relationships and role distribution, so that husbands should continue to provide protection, affection, and fulfill physical and spiritual needs. Field facts show that most husbands do not fulfill their obligations optimally, even in some cases there is neglect, resulting in relationship inequality and gender injustice in the household. This study aims to identify the forms of fulfillment of rights and responsibilities of husbands towards wives with mental disorders, factors that influence these relationships, and review their implementation from a gender justice perspective. The research method used is qualitative with a juridical-sociological approach through interviews with husbands, families, religious leaders, and village officials, as well as a library study of Islamic law literature and gender justice theory. The analysis is conducted descriptively-analytical by comparing empirical findings and Islamic legal norms regarding the rights and obligations of husbands and wives. The results of the study show that the fulfillment of wives' rights is not met emotionally or economically, because the dominant decision-making is still in the hands of the husband, so it is necessary to increase the husband's awareness in order to create fair household relations according to Islamic teachings.
Pluralisme Hukum dalam Tradisi Pernikahan Selasa Wage: Perspektif ‘Urf pada Masyarakat Donowangun Sofi, Nur Malikhatu
Asian Journal of Law and Humanity Vol 5 No 2 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v5i2.2

Abstract

The implementation of marriage in society is not infrequently influenced by local customs and traditions, so that marriages which are equally based on Islamic law are carried out differently, influenced by the customs of each Muslim community. The Muslim community of Donowangun Village, Talun Sub-district, Pekalongan Regency, preserves many traditions passed down from generation to generation. The tradition of marriage on Tuesday Wage is closely related to the Javanese belief in Javanese calculations (petung) for determining auspicious days or fortune. This paper aims to explain the community's understanding of marriage on Tuesday Wage in Donowangun Village, Talun Sub-district, Pekalongan Regency, and to analyze the 'urf perspective on marriage on Tuesday Wage in Donowangun Village, Talun Sub-district, Pekalongan Regency. This type of research is field research with a qualitative nature, using a normative approach. This research is based on primary and secondary data which includes primary, secondary and tertiary legal materials. The data collection techniques used are interviews, observation, and documentation, with qualitative data analysis methods according to Miles and Huberman and using Islamic law theory of 'urf. The research results show that among the community members who marry on Tuesday Wage in Donowangun Village, some follow the tradition while others do not. Their understanding of following this tradition emerges because it has become a custom inherited from generation to generation and is in accordance with their respective beliefs. Second, from the 'urf perspective, marriage on Tuesday Wage is classified as 'urf shahih (valid custom) because in terms of scope, this tradition does not contradict Islamic law and its principles. This custom is understood as not making the forbidden permissible or nullifying what is obligatory, thus fulfilling religious provisions as legal considerations.
PEMENUHAN HAK DAN KEWAJIBAN SUAMI ISTRI KELUARGA NELAYAN TAHUNAN Mimbar, Munjait
Asian Journal of Law and Humanity Vol 5 No 2 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v5i2.3

Abstract

This study aims to investigate the fulfillment of husband and wife rights and obligations in annual fishing families in Ketapang Village, Ulujami District, Pemalang Regency. The study used a qualitative method with a sociological approach, where humans serve as the primary research instrument, and data were obtained naturally through interactions with the research subjects. The sociological approach was used to understand the dynamics of social relations within fishing families, including the division of roles, responsibilities, and the adaptation processes that develop within them. The results show that the fulfillment of rights and obligations between husband and wife is based on mutual understanding and willingness of each party, although there are variations in practice in each fishing family. Husband and wife interactions are influenced by the fishermen's work patterns, which often require husbands to be away from home for long periods of time, so that the issue of fulfilling spiritual needs emerges as a major challenge. However, fishing couples are able to resolve these issues through patience, fortitude, and mutual understanding of each other's circumstances. Efforts to maintain marital harmony are carried out by building mutual trust, maintaining communication through video calls, and maintaining mutual commitment, so that family relations remain stable despite the limitations of time and space.
Advokasi Nafkah Iddah bagi Perempuan Rentan: Peran LBH Perisai Keadilan Pemalang Muchammad Danny Lutfi Maulana
Asian Journal of Law and Humanity Vol 5 No 2 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v5i2.4

Abstract

The divorce rate, particularly divorce by talaq (religious divorce), in Pemalang Regency has increased year by year and reached 2,338 cases in 2022, raising questions about the fulfillment of post-divorce rights, particularly the provision of iddah (waiting period) for women divorced by their husbands. Fulfillment of these rights can be achieved through legal assistance, both at POSBAKUM (Public Legal Aid Institution) and legal aid institutions (LBH), which are mandated to provide free services. This study used a qualitative method with an empirical approach, where primary data was obtained through in-depth interviews with advocates at the Pemalang branch of LBH Perisai Sejati, and secondary data through books, journals, theses, and supporting documents. Data were analyzed using the Miles and Huberman model through data reduction, data presentation, and drawing conclusions. The results of the study indicate: first, LBH Perisai Sejati provides legal assistance in the form of assistance, defense, and representation of clients through litigation and non-litigation mechanisms. Second, this form of legal assistance complies with the provisions of Law No. 16 of 2011 concerning Legal Aid, specifically Articles 3, 4, 8, 12, and 18. Third, the services provided are considered effective based on Soerjono Soekanto's theory of Legal Effectiveness, because they are able to facilitate the fulfillment of iddah maintenance for women after divorce.
Putusan Pembatalan Pernikahan karena Disabilitas Suami Novela, Chikita Catur
Asian Journal of Law and Humanity Vol 5 No 2 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v5i2.5

Abstract

Marriage is a physical and spiritual bond between a man and a woman as husband and wife, with the aim of forming a harmonious family full of love and affection (sakinah, mawaddah, and rahmah). However, in practice, not all marriages run as expected, especially when dishonesty occurs before or during the marriage contract. This study examines the annulment of marriage based on Decision Number 210/Pdt.G/2024/PA.Pkl, filed by a wife after learning that her husband had special needs (mental disabilities) that he had hidden before the marriage. The purpose of this study is to analyze the legal considerations of the panel of judges in granting the annulment request, with a focus on the element of fraud (tadlis) within the framework of Islamic law and Indonesian positive law. The research method used is a normative juridical approach, with data sources in the form of primary legal materials such as the Marriage Law and the Compilation of Islamic Law (KHI), as well as secondary legal materials such as academic literature and court decisions. The results of the study indicate that the concealment of the husband's mental condition fulfills the elements of fraud as regulated in Article 71 letter b of the KHI. The judge considered this act detrimental to the wife and contrary to the fundamental purpose of marriage. Under both Islamic and Indonesian law, fraud related to physical or mental disability is a valid reason for annulment.

Page 7 of 7 | Total Record : 67

 3   4   5   6   7 

Filter by Year

2021 2025


Reset
Filter By Issues
All Issue Vol 5 No 2 (2025) Vol 5 No 1 (2025) Vol 4 No 2 (2024) Vol 4 No 1 (2024) Vol 3 No 2 (2023) Vol. 2 No. 2 (2022): In Press Vol 2 No 2 (2022) Vol 2 No 1 (2022) Vol. 2 No. 1 (2022): March - September Vol 1 No 1 (2021) Vol. 1 No. 1 (2021): October - February More Issue