scholarly journals Due to the absence of rules for the execution of Madliyah livelihood in the law of the Indonesian religion justice

2021 ◽  
pp. 186-198
Author(s):  
Edi Marsis ◽  
. Sudarsono ◽  
Ruba'i Masruchin ◽  
Siti Hamidah
Keyword(s):  
Women's Rights ◽  
Women’S Rights ◽  
Legal Basis ◽  
Legal Certainty ◽  
The Law ◽  
The Right

Provisions for the execution of the madliyah livelihood conditions in statutory regulations, especially in the provisions of Article 70 of Law Number 7 of 1989 concerning the Religion Courts as amended by Law Number 3 of 2006 and Law Number 50 of 2009, directly result in a lack of certainty. The law on the right to maintain madliyah livelihood also has direct implications for the trust of society, especially women, in the Religion Courts which should be able to defend women's rights and serve as a bridge to resolve issues of rights that should be obtained, namely madliyah livelihood after divorce. The execution of the wife's madliyah livelihood has implications for the judge's decision, namely: first, the judge does not have a legal basis regarding how the procedure for carrying out the execution that should be carried out for the process of executing the madliyah livelihood. Second, there is no complete regulation up to the implementation of decisions in regulating the rights to support the wife and children - one of which is the madliyah livelihood. Efforts to be able to provide legal certainty for executions at the Religion Courts can be done by completing regulations and building mechanisms.

scholarly journals Gender Inequality in Indonesia: Facts and Legal Analysis

2021 ◽  
Vol 7 (4) ◽  
pp. 445-458
Author(s):  
Novia Puspa Ayu Larasati
Keyword(s):  
Women Workers ◽  
Women's Rights ◽  
Social Life ◽  
Women’S Rights ◽  
Legal Analysis ◽  
The World ◽  
The Law ◽  
Shared Commitment ◽  
The Right ◽  
Male Workers

the present time, the law is still considered discriminatory and not gender-just. Whereas the law should not regard gender to guarantee the fulfillment of women's rights. Women's rights are still not protected. Equality and elimination of discrimination against women are often the center of attention and a shared commitment to implement them. However, in social life, the achievement of equality of women's dignity still has not shown significant progress. So, if there is discrimination against women, it is a violation of women's rights. Women's rights violations occur because of many things, including the result of the legal system, where women become victims of the system. Many women's rights to work still have a lot of conflict about the role of women in the public sector. Today, discrimination against women is still very visible in the world of work. There are so many women who do not get the right to work. This research found that the structure of the company, rarely do we see women who get a place as a leader, in addition to the acceptance of female workers companies put many terms, such as looking attractive, not married, must stay in dormitory and so forth. Their salaries are sometimes different from male workers. Like male workers, women workers also have equal opportunities in the world of work. While there are many legislations governing the rights of women workers, it seems that many companies deliberately do not socialize it and even ignore the legislation just like that.

scholarly journals Does Customary Law Discriminate Balinese Women’s Inheritance Rights?

2018 ◽  
Vol 2 (1) ◽  
pp. 97
Author(s):  
Hanna Christine Ndun ◽  
Sarah Suttor ◽  
I Gusti Agung Ayu Dike Widhiyaastuti
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Customary Law ◽  
Women’S Rights ◽  
Court Decisions ◽  
Equal Rights ◽  
Men And Women ◽  
The Law ◽  
The Right

There is a stereotype with regard to the rights of the Balinese women on inheriting under the Balinese tradi-tional customary law. It is generally assumed that the law discriminates Balinese women as well as against the human rights principle of equality. This article analyzes the contemporary problems of such issue and would demonstrate the actual principles, rules and practices, including the essential concept of the rights under the Balinese traditional customary law of inheritance. This issue has been explored under a normative legal approach where the resources are primarily taken from the relevant national legal instruments and court decisions, instead of textbooks and journals. An interview has also been commenced for clarifying some aspects of the issue. This article concludes that there has been a generally misleading on viewing the Balinese customary law as discriminating women on an inheritance issue, as in fact, the law also provides rules for supporting women’s rights for inheriting. The law in a certain way has properly preserved the right of women for inheriting in which women under the law have also enjoyed rights for inheriting, especially the daughter and widow. In contrast, the Balinese men that are generally perceived as the ultimate gender enjoying privileges rights to inherit, in the practice of inheritance in the traditional community are also subject to some discrimination. The law has provided a set of rule of inheritance both for men and women where they are subject to certain equal rule and condition. The law also clarifies that both genders are enjoying equal rights on inheritance in a certain portion and situation binding under the principle of balancing between rights and obligation for each side.

scholarly journals Women’s rights of inheritance: An overview in the present era

2020 ◽  
Vol 03 (01) ◽  
Author(s):  
Rabia Binte Sajjad Ahmed Saeedi
Keyword(s):  
Women's Rights ◽  
Agricultural Land ◽  
Social Role ◽  
Human Life ◽  
Women’S Rights ◽  
Forced Marriage ◽  
Ethical Problems ◽  
British Rule ◽  
The Law ◽  
The Right

Islam is the final divine religion and its teachings are natural and justice based. One of its teachings is the right of inheritance. Inheritance is very important in every human life. After the death of a Muslim man or woman, his/her decedents and other relatives become entitled the inheritance. In Surah Al-Nisa, the division of inheritance has been briefly described. The Holy Prophet (peace be upon him) implemented this divine rule in his life and the Khulafa-e-Rashidin also followed and implemented this rule in their period very well. So there is no conflict among the Muslims about the law of inheritance. In subcontinent, after British rule, some social and ethical problems and issue regarding law of inheritance appeared. To violate this law some greedy people made different ways to deprive their relatives from the inheritance e.g. marriage with Quran, forced marriage, agricultural land deceiving, usurper on trade and business, divorce and late decision of honorable courts made a social role in deprivation of inheritance. This paper aims to diagnose the reasons of these problems and make suggestions to control these issues by the implementation of law of inheritance in the light of Quran o Sunnah and the constitution of Pakistan.

The Involvement of Malagasy Women Parliamentarians for a State of Law allowing the Development of Women

2021 ◽  
Author(s):  
RANDRINRIJAONA MAEVA
Keyword(s):  
Political Culture ◽  
Rule Of Law ◽  
Women's Rights ◽  
The Political ◽  
Women’S Rights ◽  
Political Rights ◽  
Women's Development ◽  
Equal Part ◽  
Women's Participation ◽  
The Right

The exclusion of women is at the heart of the modern political order, despite the gradual recognition of formal equality between men and women in the exercise of political rights. The evolution of the political culture has nevertheless allowed the gradual access of women to power. Yet in the case of Madagascar, gender consideration is not limited to the integration of women in power, but several challenges lie ahead for the country in terms of women's rights. Women parliamentarians through their roles can advocate for women's rights. But the question is how these women parliamentarians advocate for women’s development rights do?Women's development requires respect for their rights, and women parliamentarians, when designing and passing laws, have the opportunity to fight for women's rights, which generally boil down to the right to health, safety and work. The aim is therefore to highlight the capacity of women parliamentarians to establish a rule of law that allows women to develop. Women's participation in the proposals and discussions of laws can play an equal part in promoting women's rights and women's development.

Right to Promotion: Legal Certainty and Discretion of the Employer’s Representative

2021 ◽  
pp. 422-433
Author(s):  
M.V. Presnyakov
Keyword(s):  
Public Service ◽  
Civil Service ◽  
Civil Servant ◽  
Equal Access ◽  
Legal Certainty ◽  
The Law ◽  
The Right ◽  
Exhaustive List

Public Civil Service Act to establish such a mechanism for the exercise of the right to growth. This law provides for a competitive procedure for the replacement of all posts, including in the order of post growth, and at the same time establishes the principle of forming a personnel reserve on a competitive basis. In addition, the law contains an exhaustive list of exceptions to the competitive procedure for the placement of posts, one of which is the appointment of a civil servant in the personnel reserve. This is justified, since the personnel reserve itself is formed on a competitive basis. However, the law provides for the possibility of enrolling a civil servant in the personnel reserve based on the results of certification, which, in our opinion, does not comply with the principle of legal certainty, does not fully realize the right of equal access to public service, and also does not ensure the filling of posts according to the principle of competence. However, the potential of this law is not fully realized, as it contains a number of uncertain provisions that overextend the discretion of the employer's representative.

Cry of Murder on Broadway

2020 ◽  
Author(s):  
Julie Miller
Keyword(s):  
New York ◽  
Women's Rights ◽  
Lydia Maria Child ◽  
Women’S Rights ◽  
Equal Rights ◽  
The Law ◽  
Social Upheaval ◽  
New Yorkers ◽  
Desperate Attempt

This book shows how a woman's desperate attempt at murder came to momentarily embody the anger and anxiety felt by many people at a time of economic and social upheaval and expanding expectations for equal rights. On the evening of November 1, 1843, a young household servant named Amelia Norman attacked Henry Ballard, a prosperous merchant, on the steps of the Astor House Hotel. Agitated and distraught, Norman had followed Ballard down Broadway before confronting him at the door to the hotel. Taking out a folding knife, she stabbed him. Ballard survived the attack, and the trial that followed created a sensation. Newspapers in New York and beyond followed the case eagerly, and crowds filled the courtroom every day. The prominent author and abolitionist Lydia Maria Child championed Norman and later included her story in her fiction and her writing on women's rights. Norman also attracted the support of politicians, journalists, and legal and moral reformers who saw her story as a vehicle to change the law as it related to “seduction” and to advocate for the rights of workers. This book describes how New Yorkers followed the trial for entertainment. Throughout all this, Norman gained sympathys, in particular the jury, which acquitted her in less than ten minutes. The book weaves together Norman's story to show how, in one violent moment, she expressed all the anger that the women of the emerging movement for women's rights would soon express in words.

scholarly journals RIGHTS OWNERSHIP TO CERTIFIED LAND CONFRONTED WITH THE CUSTOMARY LAW IN THE LEGAL SYSTEM IN INDONESIA

2018 ◽  
Author(s):  
Saim Aksnudin
Keyword(s):  
National Development ◽  
Land Rights ◽  
The State ◽  
Customary Law ◽  
Legal Certainty ◽  
The Status ◽  
Need For Support ◽  
The Law ◽  
The Right ◽  
Ownership Of Land

In the national development the role of land for the fulfillment of various purposes will increase, either as a place to live or for business activities. In relation to that will also increase the need for support in the form of guarantee of legal certainty in the field of land. The result of the research is the conception of the state of Indonesia is a state law, which contains the meaning in the administration of government and the state based on the law, the protection of the law is a universal concept of the rule of law. The legal certainty on land rights as intended by the UUPA encompasses three things, namely the certainty of the object of land rights, certainty on the subject of land rights and certainty about the status of landrights. Legal conception of land title certificate is a proof that issued by authorized legal institution, containing juridical data and physical data which isused as evidence of ownership of land rights in order to provide assurance of legal certainty and certainty of rights to a plot of land owned or possessed by a person or legal entity. With the certificate of rights, it is expected that the juridical can guarantee the legal certainty and the right by the state for the holder of the right to the land. This country's guarantee is granted to the owner or the holder of the certificate may be granted because the land is already registered in the state land administration system.

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