scholarly journals Perlindungan Hukum bagi Perempuan Korban ‎Kekerasan dalam Rumah Tangga Perspektif Hukum ‎Islam

2016 ◽  
Vol 2 (2) ◽  
pp. 255-274
Author(s):  
Amirul Ikhsan
Keyword(s):  
Domestic Violence ◽  
Civil Rights ◽  
Women Victims ◽  
Islamic Law ◽  
Legal Protection ◽  
Household Environment ◽  
The Law ◽  
Husband And Wife

Abstract: This article discusses the legal protection for women-victims of domestic violence within the perspective of Islamic law. Legal protection for women-victims of domestic violence is clearly regulated in Law No. 23 of 2004. It should be recognized that the presence of the law is to open a way for unfolding of domestic violence and to safeguard the civil rights of victims, where it was previously considered as a private area that no one outside the household environment entries. On the perspective of Islamic law, legal protection in the Law number 23 of 2004 has been consistent with the objectives of shariah. It is to enforce Islamic law to gain the pleasure of Allah. In this context, husband and wife should complement each other and work together in building a harmonious household.Keywords: Legal protection, victims, domestic violence, Islamic law. Abstrak: Artikel ini membahas tentang perlindungan hukum bagi perempuan korban kekerasan dalam rumah tangga perspektif hukum Islam. Perlindungan hukum bagi perempuan korban kekerasan dalam rumah tangga (KDRT) diatur dalam undang-undang nomor 23 tahun 2004 (UUPKDRT), harus diakui kehadirannya membuka jalan bagi terungkapnya kasus KDRT dan upaya perlindungan hak-hak korban, yang pada awalnya KDRT dianggap sebagai wilayah privat yang tidak seorang pun di luar lingkungan rumah tangga dapat memasukinya. Perspektif hukum Islam, perlindungan hukum dalam Undang-Undang nomor 23 tahun 2004 (UUPKDRT) telah sesuai dengan tujuan syariah yaitu untuk menegakkan syariat Islam, menuju ridha Allah swt, suami dan istri harus saling melengkapi dan bekerja sama dalam membangun rumah tangga yang harmonis menuju derajat takwa.Kata Kunci: Perlindungan hukum, korban, kekerasan dalam rumah tangga, hukum Islam.

scholarly journals IMPLEMENTASI PENANGANAN TINDAKAN KEKERASAN DALAM RUMAH TANGGA TERHADAPPEREMPUAN BERDASARKAN UNDANG-UNDANG NOMOR 3 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA

PRANATA HUKUM ◽  
2017 ◽  
Vol 12 (2) ◽  
pp. 44-53
Author(s):  
Dwi Putri Melati
Keyword(s):  
Domestic Violence ◽  
Subject Matter ◽  
Legal Protection ◽  
Legal Research ◽  
Married Life ◽  
Violent Acts ◽  
The Subject ◽  
The Law ◽  
Husband And Wife

Some of the problems we encounter in married life, and often the occurrence of violence between husband and wife, then the subject matter in this paper about the handling of the law on acts of domestic violence experienced by women under the law no. 3 of 2004 on the Elimination of Domestic Violence. Problem approach using normative juridical approach (legal research). The victim can make a complaint on the violent acts committed by the victim's husband / wife, because in the complaint the authorities will not process the action without any complaints from the victim, it can also be revoked by the victim which in fact is the husband / wife of the perpetrator. Law enforcers must be firm in handling cases of domestic violence, Doers of Domestic Violence really should be processed fairly, victims of domestic violence should get legal protection

scholarly journals CONCEPTION OF LEGAL PROTECTION IN ISLAMIC LAW

2019 ◽  
Vol 8 (2) ◽  
pp. 185
Author(s):  
Achmad Musyahid Idrus
Keyword(s):  
Civil Rights ◽  
Islamic Law ◽  
Legal Protection ◽  
Human Beings ◽  
Human Right ◽  
Applicable Law ◽  
Legal Provisions ◽  
The Social ◽  
The Law ◽  
Legal Subjects

Legal protection is a human right which is a basic need for every human being, both human beings as legal subjects and human beings as legal objects. As legal subjects, humans have civil rights that must be implemented in accordance with applicable legal provisions. Likewise with humans as legal objects, their rights must still be protected even though they have been convicted by law. Sometimes legal protection for humans cannot be realized because the source of the applicable law does not provide legal instruments and even the protection of the law does not materialize because of the lack of understanding of the source of the law which applies in society.Islamic law as one source of law and adopted in countries like Indonesia offers the conception of legal protection in accordance with the dignity and human rights, because of the flexibility of Islamic law, so that Islamic law can be understood and adjusted to the social development of the society. Islamic law that emphasizes public benefit guarantees the legal protection needed by the community, but the values of flexibility must still be explored from the main sources of the Qur'an and the hadith of the prophet.

scholarly journals URGENCY CRITICAL LEGAL STUDIES PARADIGM FOR THE PROTECTION OF WOMEN VICTIMS OF DOMESTIC VIOLENCE IN THE DIVORCE CASE

2018 ◽  
Vol 18 (2) ◽  
pp. 167
Author(s):  
Nita Triana
Keyword(s):  
Domestic Violence ◽  
Women Victims ◽  
Qualitative Method ◽  
Islamic Law ◽  
Critical Legal Studies ◽  
New Paradigm ◽  
Legal Studies ◽  
Domestic Violence Victims ◽  
The Law ◽  
Religious Courts

This research describes the protection of women victims of domestic violence in divorce cases. Domestic violence victims are hidden in divorce cases in the Religious Courts. The positivistic paradigm adopted by the Judges gives less protection to victims of domestic violence. The method used in this study is a qualitative method, a type of doctrinal legal research with a socio-legal  approach. Domestic violence victims in the Religious Courts need a new paradigm to provide protection for victims of domestic violence. Religious Court Judges who have a positivistic paradigm see the law as a book (act). The judge in examining the domestic violence in divorce only adheres to the law relating to marriage, namely Law No. 1 of 1974 and Compilation of Islamic Law. Paradigm of Critical Legal Studies. build critical awareness in law enforcement by improving the legal system and carrying out a reformation in the institutions responsible for the protection of victims of domestic violence, one of which is the Religious Courts. Also consider the PKDRT Law No. 23 of 2004 concerning the elimination of domestic violence even covering legal culture of family, community, health and psychological.

Legal and Institutional Functionality in the Protection of Women – Victims of Domestic Violence in the Republic of Macedonia – Present Situation and Future Perspectives

2017 ◽  
Vol 10 (2) ◽  
pp. 131
Author(s):  
Zorica Saltirovska Professor ◽  
Sunchica Dimitrijoska Professor
Keyword(s):  
Domestic Violence ◽  
Women Victims ◽  
Violence Against Women ◽  
Social Protection ◽  
National Level ◽  
Gender Based Violence ◽  
Republic Of Macedonia ◽  
The Law ◽  
The Republic ◽  
Gender Based

Gender-based violence is a form of discrimination that prevents women from enjoying the rights and liberties on an equal level with men. Inevitably, domestic violence shows the same trend of victimizing women to such a degree that the term “domestic violence” is increasingly becoming synonymous with “violence against women”. The Istanbul Convention defines domestic violence as "gender-based violence against women", or in other words "violence that is directed against a woman because she is a woman or that affects women disproportionately." The situation is similar in the Republic of Macedonia, where women are predominantly victims of domestic violence. However, the Macedonian legal framework does not define domestic violence as gender-based violence, and thus it does not define it as a specific form of discrimination against women. The national legislation stipulates that victims are to be protected in both a criminal and a civil procedure, and the Law on Prevention and Protection from Domestic Violence determines the actions of the institutions and civil organizations in the prevention of domestic violence and the protection of victims. The system for protection of victims of domestic violence closely supports the Law on Social Protection and the Law on Free Legal Aid, both of which include provisions on additional assistance for women victims of domestic violence. However, the existing legislation has multiple deficiencies and does not allow for a greater efficacy in implementing the prescribed measures for the protection of victims of domestic violence. For this reason, as well as due to the inconsistent implementation of legal solutions of this particular issue, the civil sector is constantly expressing their concern about the increasingly wider spread of domestic violence against women and about the protection capabilities at their disposal. The lack of recognition of all forms of gender-based violence, the trivial number of criminal sentences against persons who perform acts of domestic violence, the insufficient support offered to victims – including victim shelters, legal assistance, and counseling, and the lack of systematic databases on domestic violence cases on a national level, are a mere few of the many issues clearly pointing to the inevitable conclusion that the protection of women-victims of domestic violence is inadequate. Hence, the functionality and efficiency of both the existing legislation and the institutions in charge of protection and support of women – victims of domestic violence is being questioned, which is also the subject for analysis in this paper.

Perlindungan Hukum Harta Bawaan Debitur Pasca Perceraian

2021 ◽  
Vol 1 (1) ◽  
pp. 68-77
Author(s):  
Puspa Fitriyah
Keyword(s):  
Legal Protection ◽  
Legal Liability ◽  
Legal Certainty ◽  
Citizenship Status ◽  
Credit Guarantees ◽  
Personal Status ◽  
The Will ◽  
The Law ◽  
Joint Property ◽  
Husband And Wife

The problem of debt is included in the field of personal status, where marriages are carried out between spouses, which as a result of the law of debt become a burden to be borne together from marriage agreements between citizens, especially related to the distribution of joint assets. How is the legal liability of debtors to creditors in the final period of marriage? and How is the legal protection for the debtor's innate property? Regarding the marriage agreement, it is regulated in Article 29 of Law Number 1 of 1974 concerning Marriage. This is because of the agreement made between the husband and wife both regarding joint property after marriage and the child's guardianship rights as well as the citizenship status of the child and each party. The method used in this research is normative juridical and empirical juridical research which is analyzed using legal certainty theory and legal liability theory. From the results of the research. Events that often occur in the field of debt, debt repayments that must be paid by the debtor are often not as agreed. In the legal certainty of customer credit guarantees on objects of land and building mortgages, there is a decrease in the appraisal value by the bank, but the binding of credit guarantees with mortgages is carried out if a customer or debtor obtains credit facilities from the bank. Divorce is an abolition of marriage accompanied by a judge's decision. or at the will of one of the parties, both husband and wife, through the submission of a claim by one of the parties to the marriage. Keywords: Legal Liability, Debt, Creditors, Wife.

scholarly journals PREWEDDING PHOTO PROCESSION AND THE ROLE OF THE FAMILY IN THEM

2020 ◽  
Vol 10 (2) ◽  
pp. 246
Author(s):  
Aulil Amri
Keyword(s):  
Islamic Law ◽  
Religious Values ◽  
Religious Knowledge ◽  
The Family ◽  
Marriage Contract ◽  
The Law ◽  
Husband And Wife ◽  
As If

In Islamic law, pre-wedding photos have not been regulated in detail. However, pre-wedding photo activities have become commonplace by the community. It becomes a problem when pre-wedding is currently done with an intimate scene, usually the prospective bride uses sexy clothes and is also not accompanied by her mahram when doing pre-wedding photos. Even though there have been many fatwas and studies on the limits of permissibility and prohibition in the pre-wedding procession.The results show that the pre-wedding procession that is carried out by the community in terms of poses, clothes, and also assistance in accordance with Islamic law, the law is permissible. However, it often happens in the community to take photos before the marriage contract with scenes as if they are legally husband and wife and the bride's family knows without prohibiting, directing, and guiding them according to Islamic teachings. In this case the role of the family is very important, we as parents must understand the basis of religious knowledge and how to instill religious values in our children since childhood is the key to this problem dilemma.

THE ROLE OF THE JUDICIARY IN THE CONSTITUTIONAL AND LEGAL MECHANISM FOR THE PROTECTION OF HUMAN RIGHTS AND FREEDOMS

2018 ◽  
Author(s):  
Mariana Khmyz ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Legal Aspect ◽  
Legal Protection ◽  
The State ◽  
Time Dynamic ◽  
Protection Of Human Rights ◽  
The Law ◽  
Judicial Protection

The article reveals the role of the judiciary in the context of ensuring the protection of human rights and freedoms in terms of practical approach. It was found that ensuring the protection of human rights and freedoms in Ukraine is regulated by the Constitution of Ukraine, the Law of Ukraine «On the Commissioner for Human Rights of the Verkhovna Rada of Ukraine» and the Law of Ukraine «On Citizens' Appeals». It is established that in Ukraine judicial protection is enshrined in the Constitution of Ukraine, in particular in Article 55, according to which the rights and freedoms of man and citizen in particular are protected by the court. It is proved that the functioning of the constitutional mechanism for the protection of human rights and freedoms can occur only if the state actively participates in ensuring such rights and freedoms. It is determined that an important component of subjective human rights is the right to judicial protection, which should be realized not only in the direct dimension, but also through the activities of state bodies or bodies or organizations authorized by the state. It is established that the concept of «protection» from the standpoint of the legal aspect is interpreted as a legal obligation of the state in the face of bodies, organizations or officials authorized by it, and as the ability of a person to exercise personal subjective right. It was clarified that the concept of «protection of human rights and freedoms» should be interpreted as a set of measures of organizational and legal nature to ensure legal protection or remove obstacles that arise in the context of the exercise of subjective rights and rights to restore such rights, if they were violated with the application of measures on this basis in the form of punishment of the offenders. It is proposed under the mechanism of protection of human and civil rights and freedoms, in particular, to define a holistic, legally enshrined and at the same time dynamic system, which includes subjects, objects, methods and means of protection of human and civil rights and freedoms. to neutralize illegal obstacles, as well as to prevent the emergence of new obstacles. It is proved that the mechanism of protection of human and civil rights and freedoms in particular should consist of institutional and functional systems. It is noted that the prospects for further research in this area are to determine the requirements for the incompatibility of the position of a judge with other activities in a comparative constitutional and legal aspect.

scholarly journals LEGAL PROTECTION AGAINST WOMEN VICTIMS BY THE INDONESIAN DOMESTIC VIOLENCE ACT 23, 2004

2017 ◽  
Vol 1 (1) ◽  
pp. 110
Author(s):  
Hanafi Arief
Keyword(s):  
Domestic Violence ◽  
Women Victims ◽  
Violence Against Women ◽  
Legal Protection ◽  
Crimes Against Humanity ◽  
Library Research ◽  
Presidential Decree ◽  
International Conventions ◽  
Strong Culture ◽  
United Nation

Domestic Violence, particularly against women is a social phenomenon which tends to increase from year to year and even from day to day. Many countries enacted special legislation to protect women from domestic violence based on the United Nation Declaration on the Elimination of Violence Against Women (CEDAW). Indonesia adopted the conventions based on the Indonesian Act No. 7 of 1984 on the Convention on the Elimination of All Forms of Discrimination against Women, and issued Presidential Decree No. 9 of 1998 concerning the Commission on Violence against Women. Indonesia then enacted special legislation on domestic violence in 2004, namely Domestic Violence Act 23, 2004. This paper aims to understand how the Domestic Violence Act 23, 2004 protects women victims of domestic violence. The sources of law study are the basic rules and regulations, international conventions which have binding force legally. This is a library research using normative judicial approach, and the analysis is descriptive qualitative. The legal protection of women victims of domestic violence is an obligation, especially for countries that uphold human rights, because of the domestic violence constitutes crimes against humanity that are outstanding. This crime happens at any time either known or not, so it is described as an iceberg phenomenon. In addition, because this matter is private, many people do not want to intervene the matter. The strong culture of not interfering ones’ affairs also influences the police in law enforcement. Police often gives less respect for the report of the victims, and even ask the victims to go back to her husband or family

scholarly journals PERLINDUNGAN HUKUM TERHADAP PEREMPUAN KORBAN KEKERASAN DALAM RUMAH TANGGA DALAM SISTEM PERADILAN PIDANA DI KOTA JAMBI

2018 ◽  
Vol 18 (1) ◽  
pp. 168
Author(s):  
Ferdricka Nggeboe
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Protection ◽  
Protection Theory ◽  
The Republic ◽  
The Government ◽  
Victims Of Violence ◽  
Husband And Wife

The marriage bond that is conducted aims to form a happy prosperous household, eternal and lasting under the protection of God Almighty, with the aim, automatically the family should be fostered as well as possible, mutual love and affectionate love between husband and wife and children . Each couple wishes for a harmonious married life, but not forever the condition of the household between husband and wife good and peaceful, because sometimes there are quarrels and bickering, which often leads to the occurrence of violence in the household that eventually happened to a percerarian. The legal policy issued by the Government of the Republic of Indonesia to anticipate violence especially domestic violence is Law Number 23 Year 2004 on the Elimination of Domestic Violence (PKDRT). This law is expected to reveal the various violations in the household and the protection of the rights of victims of violence without exception, therefore the question to be answered in this study is, How to protect the law against women victims of domestic violence in the criminal justice system in the City Jambi. This research uses empirical juridical type, and as its analysis knife the researcher uses legal protection theory, that is preventive law protection and repressive law protection. The emphasis of the analysis on the fact that repressive legal protection in the criminal justice system is reflected from the case reporting process until the case is decided by the judge in court. In addition to a brief overview of the process of domestic violence in the criminal justice system, there are also some judges' decisions on cases with free decisions and verdicts stating that the case was revoked. That the repressive legal protection of victims of domestic violence through the decision of a court of a criminal verdict has shown the comparison of law, although it is still far from the legal certainty.Keywords: Legal Protection Against Women, Domestic Violence Victims, Criminal Justice System

scholarly journals Penyuluhan Pentingnya Legalisasi Perkawinan

2019 ◽  
Vol 1 (1) ◽  
pp. 25
Author(s):  
Setiawati Setiawati
Keyword(s):  
Islamic Law ◽  
The Public ◽  
Know How ◽  
The Law ◽  
The One ◽  
Husband And Wife ◽  
Lack Of Knowledge

Marriage is a bond born of inner between a man and woman as husband and wife with the aim of forming a family or household that sakinah happy and remain upon the divinity of the one true God. The recording of the marriage arranged for without recording, a marriage does not have the force of law. In fact the practice in public, let alone the remote logging process didaerah-daerah wedding in the document state is rarely noticed. This is because of the lack of knowledge most villagers tegal against legislation on marriage, both from the aspect of Islamic law as well as the positive aspects of the law. It is therefore deemed necessary to do the problems associated outreach. The purpose of doing this devotion to understanding memnberikan to the community related to the importance of the Kp Sasak. legalization of marriage. The methods used in the consecration is done by giving the extension. From the results of the survey and interviews conducted before the extension is still a lot of the public who do not know how important the legalization of marriage and what are the consequences arising because of the marriage not in legalization. The existence of this extension was well received by the public, they are very enthusiastic to follow this activity. After holding this extension a lot of development going on, many communities do governance documents to legalize their marriage that was previously done in the series.

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