scholarly journals Analisis Tindakan Aborsi Terhadap Undang-Undang Nomor 39 Tahun 1999 tentang Hak Asasi Manusia

2020 ◽  
Vol 7 (9) ◽  
pp. 801-812
Author(s):  
Budiyanto Budiyanto ◽  
Siti Ngainnur Rohmah
Keyword(s):  
Qualitative Research ◽  
Human Rights ◽  
High Risk ◽  
Child Protection ◽  
Child Neglect ◽  
Islamic Law ◽  
Health And Safety ◽  
Standard Of Living ◽  
Medical Emergencies ◽  
The Right

AbstractHuman life is sacred, so it must be maintained to continue his life. Taking the right of life of a person without error, then the law has killed all people including abortio). The abortion process is not only a process that has a high risk in terms of physical health and safety of a woman, but also has a very great impact on a woman's mental state. Human survival is very important as a nation's generation and it starts from the womb in the womb, whose rights should be fully respected and protected. The article purpose is to find out the review of Islamic Law on the phenomenon of child neglect and also review Law No. 39 of 1999 concerning human rights to the rights of life of children in the womb. The method use in this study is qualitative research with the library and empirical approach. Performing an abortion in the view of Islamic law is unlawful in principle, although there are exceptions that can to save the life of the mother due to medical emergencies is permissible under Islamic law and Law No. 39 of 1999 concerning human rights to the right of life of the fetus as stipulated since in the womb has the right to live, maintain life and improve the standard of living and from birth is entitled to a name and citizenship statusKeywords: Abortion, Human Rights, Child Protection. AbstrakKehidupan manusia itu suci, sehingga harus dipelihara kelangsungan hidupnya. Mengambil hak hidup seseorang tanpa kesalahan hukumnya sama dengan telah membunuh seluruh manusia, termasuk menggugurkan kandungan (aborsi). Proses aborsi bukan saja suatu proses yang memiliki resiko tinggi dari segi kesehatan dan keselamatan seorang wanita secara fisik, tetapi juga memiliki dampak yang sangat hebat terhadap keadaan mental seorang wanita. Kelangsungan hidup manusia sangatlah penting sebagai generasi bangsa dan itu dimulakan dari semenjak dalam kandungan, yang semestinya hak tersebut dihormati  dan dijaga dengan sepenuhnya. Penelitian  ini  menggunakan metode penelitian kualitatif dengan pendekatan kepustakaan dan empiris. Tulisan ini memaparkan  tinjauan Hukum Islam terhadap fenomena penelantaran anak dan  tinjauan Undang-undang No. 39 Tahun 1999 tentang HAM terhadap hak hidup anak di dalam kandungan. Hasil penelitian menyatakan bahwa melakukan tindakan aborsi dalam pandangan hukum Islam haram, namun ada pengecualian yaitu untuk menyelamatkan jiwa sang ibu karena kedaruratan medis,  dan Undang-undang No. 39 Tahun 1999 tentang HAM terhadap hak hidup janin menyatakan bahwa sejak dalam kandungan janin berhak untuk hidup, mempertahankan hidup dan meningkatkan taraf kehidupannya serta sejak kelahirannya berhak atas suatu nama dan status kewarganegaraan. Kata Kunci: Aborsi, HAM, Perlindungan Anak.

Application of Statutes of Limitations to Islamic Banking: The Case of Malaysia

2020 ◽  
Vol 17 (1) ◽  
pp. 56-69
Author(s):  
Aishath Muneeza ◽  
Zakariya Mustapha
Keyword(s):  
Qualitative Research ◽  
Financial Institutions ◽  
Research Methodology ◽  
Islamic Law ◽  
Islamic Banking ◽  
Legal Action ◽  
Qualitative Research Methodology ◽  
The Right ◽  
Limitation Of Action ◽  
Insight Into

Limitations of action designate extent of time after an event, as set by statutes of limitations, within which legal action can be initiated by a party to a transaction. No event is actionable outside the designated time as same is rendered statute-barred. This study aims to provide an insight into application and significance of Limitations Act 1950 and Limitation Ordinance 1952 to Islamic banking matters in Malaysia as well as Shariah viewpoint on the issue of limitation of action. In conducting the study, a qualitative research methodology is employed where reported Islamic banking cases from 1983 to 2018 in Malaysia were reviewed and analysed to ascertain the application of those statutes of limitations to Islamic banking. Likewise, relevant provisions of the statutes as invoked in the cases were examined to determine possible legislative conflicts between the provisions and the rule of Islamic law in governing the right and limitation of action in Islamic banking cases under the law. The reviewed cases show the extent to which statutes of limitations were invoked in Malaysian courts in determining validity of Islamic banking matters. The limitation provisions so referred to are largely sections 6(1)(a) and 21(1) Limitations Act 1953 and section 19 Limitation Ordinance 1953, which do not conflict with Shariah viewpoint on the matter. This study will prove invaluable to financial institutions and their customers alike in promoting knowledge and creating awareness over actionable event in the course of their transactions.

scholarly journals COVID-19 and the Human Rights of Nationals Abroad

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 317-321
Author(s):  
Guofu Liu
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Family Members ◽  
Right To Health ◽  
Standard Of Living ◽  
Work Permit ◽  
Rights Protection ◽  
The Right

The COVID-19 pandemic is having serious and disproportionate effects on nationals abroad and their families globally. Many states have adopted positive measures including temporarily suspending forced returns as well providing visa and work permit extensions, temporary residence, or other forms of regular status to ensure that migrants are accounted for in national responses to the pandemic. Nevertheless, the human rights of nationals abroad and nationals with foreign family members have faced significant challenges. Some states have fully or partially closed entry to all of their own nationals and their foreign family members, in violation of nationals’ right to return and their right of family unification. Other states’ nationals abroad have been unable to enjoy the right to an adequate standard of living and the right to health. Many have also encountered the burdens of hate speech in both their home states and the states in which they live, the effect of which has been to undermine freedom of opinion and expression and the right to equality and non-discrimination. This essay identifies and explains these threats to human rights in the era of COVID-19. The essay encourages states to recommit to rights protection.

scholarly journals MEMILIH PASANGAN BAGI ANAK PEREMPUAN: KAJIAN FIQIH & HAM

2016 ◽  
Vol 14 (1) ◽  
Author(s):  
Masthuriyah Sa’dan
Keyword(s):  
Human Rights ◽  
International Law ◽  
Islamic Law ◽  
Reproductive Rights ◽  
Muslim Women ◽  
World Conference ◽  
Islamic Jurisprudence ◽  
The World ◽  
Muslim Men ◽  
The Right

In Islamic jurisprudence (fiqh), the right to choose a partner for a woman is set by families. This then becomes the spotlight of many circles who argue that fiqh is discriminatory against women. Muslim men have the right to decide with whom to marry. In contrary, Muslim women do not have such a right. Women right is taken over by parents in the name of Islamic law. In the World Conference on Population and Women in Cairo-Egypt in 1994, however, women were proclaimed to have their own reproductive rights that must be protected and maintained. One form of the demands of the reproductive rights is the right of women to determine their own life partner. This paper wants to examine the right to choose a husband for women from the perspective of Islamic law and international law on human rights. Keywords: the right to choose, women, Islamic law, human rights.

scholarly journals The Islamic Law of Marriage and Inheritance in Kenya

2021 ◽  
pp. 1-25
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Case Law ◽  
Equal Rights ◽  
High Court ◽  
Personal Status ◽  
The Right ◽  
Law Of Succession ◽  
Court Of Appeal ◽  
Islamic Marriage

Abstract Article 24(4) of the Constitution of Kenya qualifies the right to equality “to the extent strictly necessary for the application of” Islamic law “in matters relating to personal status, marriage, divorce and inheritance”. Section 3 of the Marriage Act provides that, although spouses have equal rights during marriage and at its dissolution, “the parties to an Islamic marriage shall only have the rights granted under Islamic law”. The Law of Succession Act states that it is generally not applicable to the estate of a deceased Muslim. In this article, the author examines case law from the Kadhi's Court, the High Court and the Court of Appeal on issues of Muslim marriages and inheritance. These cases illustrate, in some instances, the tensions between Islamic law and human rights.

scholarly journals QUALIDADE AMBIENTAL E URBANA NA HABITAÇÃO SOCIAL EM PRESIDENTE PRUDENTE -SP:O CASO DO CONJUNTO HABITACIONAL ANA JACINTA

2018 ◽  
Vol 2 (4) ◽  
pp. 48-60
Author(s):  
Fernanda Fonseca de Oliveira ◽  
Jean Guilherme Oliveira ◽  
Tiago Bonfim Dias ◽  
Mayara Pissutti Albano Vieira
Keyword(s):  
Quality Of Life ◽  
Human Rights ◽  
Social Services ◽  
Social Housing ◽  
Standard Of Living ◽  
Housing Complex ◽  
Quality Mark ◽  
The Right ◽  
The City

The right to suitable housing has become recognized and accepted by the international community since its inclusion in the Universal Declaration of Human Rights in 1948, whosetext, in its article 25, alleges that everyone has the right to an adequate standard of living for the family’s health and welfare, including food, clothing, medical care and the necessary social services. In Brazil, low constructive and architectural quality mark the production of social housing, culminating on the reduction of the beneficiary’s quality of life and environmental problems. Therefore, the present work aims to submit surveys and analysis of Ana Jacinta housing complex in the city of Presidente Prudente, São Paulo, in order to evaluate the environmental and urban quality of the units delivered to beneficiaries in the early 1990s. The methodology isbased in bibliographic and documentary surveys.

scholarly journals Akibat Hukum Pengangkatan Anak menurut Undang-Undang Nomor 23 Tahun 2002 tentang Perlindungan Anak

2019 ◽  
Vol 6 (1) ◽  
pp. 14
Author(s):  
Adawiyah Nasution
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Legal Protection ◽  
Field Research ◽  
Adoptive Parents ◽  
Primary Data ◽  
Adopted Children ◽  
Legal Provisions ◽  
The Right

<h1>The purpose of this study is to assess the legal provisions of the children under Law No. 23 of 2002 and to explain the consequences of the child's adoption law. In addition, to know the legal protection of adopted children under the Child Protection Act is reviewed from Islamic Law Preformance law Practice in Indonesia. To examine the matter, a descriptive study was conducted with a normative juridical approach that was conducted only on the written rules. The collection of data is derived from the literature research and supported field research studies on the appointment of Court and Civil registry office. Primary data collection tools are informant with the interview guidelines whereas data analysis is done with a qualitative approach using the logical and inductive thinking logic in the field of law. In the content of this article shows that, firstly, the consequences of child adoption generally arise with the appointment of a court by not deciding the adoption of adopted children with their biological parents, which switching is the right of custody. In the case of inheritance, the appointment of children based on the determination of the Court of Justice is entitled to the inheritance of his adoptive parents based on wills. Thirdly, with the determination of the adoption of children from the courts, the consequence is the protection of adopted children can be assured of the custody of the law and the inheritance of its adoptive parents.</h1><h1> </h1>

scholarly journals THE LONG ROAD TO THE INTERNATIONAL RECOGNITION OF ECONOMIC AND SOCIAL RIGHTS: THE RIGHT TO AN ADEQUATE STANDARD OF LIVING

2018 ◽  
pp. 43-60
Author(s):  
GERMANA AGUIAR RIBEIRO DO NASCIMENTO
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Second World War ◽  
Universal Declaration ◽  
Standard Of Living ◽  
Social Rights ◽  
Political Rights ◽  
Protection Of Human Rights ◽  
The Right ◽  
Second World

A long road was necessary for economic and social rights to be internationally recognized. In fact, it was only after the Second World War that the protection of human rights, including economic and social rights, became one of the aims of the United Nations. Despite that, this legal protection was by no means made without controversies, especially when it comes to economic and social rights. The fact that most of the articles of the Universal Declaration of Human Rights refer to civil and political rights corroborates these difficulties. Only articles 22 through 27 protected economic and social rights. The objective of this article is to shed some light into this process, as the Universal Declaration has been the foundation of the codification of the whole human rights system. Particular attention will be given to the discussions around the inclusion of article 25 that refers to the right to an adequate standard of living. It is interesting to analyze how this right was adopted during the process of elaboration of the Declaration, as it was then incorporated by so many texts and influenced the recognition of other rights. In fact, if today we are able to have autonomous rights to water, to health, to food, to housing and to education, it is thanks to the proclamation of the right to an adequate standard of living in the first place.

scholarly journals Hak-hak Konstitusional Anak terkait Penelantaran Akibat Perceraian

2021 ◽  
Vol 1 (1) ◽  
pp. 27-35
Author(s):  
Yusnani Hasyimzum ◽  
Keyword(s):  
Human Rights ◽  
Child Neglect ◽  
Growth And Development ◽  
Future Generation ◽  
Children's Rights ◽  
Special Consideration ◽  
Constitutional Rights ◽  
The Republic ◽  
The Government ◽  
The Right

Abstract Children, both boys and girls, are considered state assets because they represent the nation's future generation. Children's development and growth require special consideration and protection on the part of parents, family, society, nation, and state. Children's constitutional rights are regulated in the 1945 Constitution, which guarantees the welfare of every citizen, including protection against violations of children's rights, which are considered human rights. Every child has the right to survival, growth, and development, as well as the right to be protected from violence and discrimination, as mandated by the 1945 Constitution of the Republic of Indonesia; additionally, every child has the right to survival, growth, and development, as well as the right to be protected from violence and discrimination; The issue is why the constitutional rights of children who have been neglected as a result of divorce have not been fully complied with and what legal safeguards have the government implemented to reduce the number of child neglect victims.

scholarly journals PROTEKSI TERHADAP HAK KESELAMATAN TENAGA KERJA BERLATAR MULTI AGAMA DALAM PERSPEKTIF ISLAM DAN HAM

2020 ◽  
Vol 4 (1) ◽  
pp. 83
Author(s):  
Bambang Satriya
Keyword(s):  
Human Rights ◽  
High Risk ◽  
Labor Rights ◽  
Safety Aspects ◽  
Labor Safety ◽  
The Right

Salah satu kepentingan asasi setiap tenaga kerja adalahhak atas keselamatan. Sayangnya, keselamatan tenaga kerja Indonesia masih menjadi hak yang maksimal untuk dilindungi. Dalam kenyataan, tidak sulit ditemukan sejumlah peristiwa atau kasus tentang kecelakaan tenaga kerja. Pekerja menjalankan pekerjaan dengan resiko yang tinggi, yang tidak sedikit mengakibatkan hak keselamatannya terancam atau hilang. Banyak ditemukan bukti tentang sejumlah perusahaan atau korporasi yang mempekerjakan karyawan atau pekerjanya tanpa memperhatikan aspek keselamatannya. Disinilah pelanggaran terhadap hak asasi tenaga kerja terjadi yang dilakukan oleh korporasi. Dalam Islam maupun aspek hak asasi manusia,  pelanggaran ini sebagai perbuatan yang tidak manusiawi.Kata kunci: tenaga kerja,  keselamatan, korporasi, negara, Islam, hak asasi manusia            One of the fundamental interests of every workforce is the right to safety. Unfortunately, the safety of Indonesian workers is still the maximum right to be protected. In reality, it is not difficult to find a number of events or cases concerning labor accidents. Workers carry out work with high risk, which does not in the least cause their safety rights to be threatened or lost. Much evidence is found about a number of companies or corporations that employ their employees or workers without regard to safety aspects. This is where violations of labor rights occur committed by corporations. In both Islam and human rights aspects, this violation is an inhumane deed. Keywords: labor, safety, corporation, state, Islam, human rights

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