scholarly journals Legal Protection of Women Forced to Married In Islamic Law and Human Rights Perspective

2020 ◽  
Vol 10 (1) ◽  
pp. 18
Author(s):  
Anwar Hafidzi ◽  
Rina Septiani
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Legal Protection ◽  
Marriage Law ◽  
Legal Literature ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
Descriptive Qualitative

This study aims to determine the legal protection of women who are forced to marry according to Islamic law and human rights. The method used in this research is descriptive qualitative with a normative legal approach, namely by analyzing the problem through data from the legal literature. The results of the research found that the marriage law in Indonesia does not recognize the right to consent, on the contrary, the law requires the consent of both parties to enter into a marriage with pleasure without coercion. This is based on the Law of the Republic of Indonesia Number 39 of 1999 concerning Human Rights and Marriage Law Number 1 of 1974. Once the reinterpretation of the right to ijbar is considered objective because this concept is based on the form of protection and responsibility in choosing one's life partner.  

scholarly journals СУДСКА ГРАЂАНСКОПРАВНА ЗАШТИТА ОД ДИСКРИМИНАЦИЈЕ ПО ОСНОВУ ПОЛА

TEME ◽  
2018 ◽  
pp. 917
Author(s):  
Владимир Боранијашевић
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Personal Characteristics ◽  
Democratic Society ◽  
Contemporary Society ◽  
Social Phenomenon ◽  
The Law ◽  
The Republic ◽  
The Right

Although defined as an extremely negative social phenomenon and prohibited according to the regulations of numerous documents, discrimination is widely present in contemporary society. An almost unlimited list of personal characteristics of an individual or a group of people is a basis for various ways of discriminatory acts. One form of discrimination is discrimination based on sex. The right to equality of sexes represents one of the basic human rights and a significant value of democratic society, while it is exactly discrimination based on sex that represents one of the most common forms of discrimination. In the paper the concept of equality of sexes, normative sources which prohibit discrimination based on sex and legal solutions contained in the Law on Equality of Sexes of the Republic of Serbia have been pointed out. Special attention has been given to the analysis of the specific rules according to which to provide civil legal protection against discrimination and according to which to act in litigations for protection against discrimination based on sex.

scholarly journals Tinjauan Hukum Islam tentang Perlindungan Saksi dalam Undang-undang Perlindungan Saksi dan Korban Tahun 2006

2020 ◽  
Vol 22 (2) ◽  
pp. 302-324
Author(s):  
Muhammad Shafwan ◽  
M. Zayin Chudlori
Keyword(s):  
Islamic Law ◽  
Protection Agency ◽  
Sense Of Security ◽  
Victim Protection ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
Article 5

This article aims to find out: (1) how is witness protection in Law of the Republic of Indonesia Number 13 of 2006 and witness protection in Islamic law? The results of the study concluded that; firstly, the protection of a witness in the Law of the Republic of Indonesia Number 13 of 2006 (Article 5) explains that a witness has the right to obtain protection for his personal, family, and property security, and is free from threats relating to testimony which will, is, or has given. The meaning of protection here is the efforts to fulfill the rights and provide assistance in the sense of security to witnesses that must be carried out by LPSK (Witness and Victim Protection Agency) or other institutions per the provisions of this law. Secondly, even though the mechanism for protecting a witness is not regulated in detail, but Islam highly appreciates a witness who is willing to give testimony in the disclosure of a case, namely by forbidding killing the witness.

scholarly journals Legal Aid by the State as a Constitutional Right of the Poor: Problems and Challenges in Indonesia

2021 ◽  
Vol 3 (2) ◽  
pp. 185-196
Author(s):  
Ari Wibowo ◽  
Michael Hagana Bangun
Keyword(s):  
Supreme Court ◽  
Legal Protection ◽  
The State ◽  
Legal Aid ◽  
The Poor ◽  
The Supreme Court ◽  
The Law ◽  
Constitutional Right ◽  
The Republic ◽  
The Right

The provision of legal aid is one way to realize access to law and justice for the poor people provided by the state on the mandate of the constitution. Several regulations regarding legal aid have been issued by the state through the Act and its implementing regulations as well as from the Supreme Court or the Constitutional Court through the Supreme Court Regulations and the Constitutional Court's decisions. Legal aid is the constitutional right of every citizen to guarantee legal protection and guarantee equality before the law stipulated in Law Number 16 of 2011, the State is responsible for recognizing and protecting the human rights of every individual without differing backgrounds so that everyone has the right to be treated equally before the law is contained in Article 28D of the 1945 Constitution of the Republic of Indonesia. For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia. , and to create an effective, efficient and accountable court.

POLEMIK DI SEPUTAR HUKUM ISBAT NIKAH DALAM SISTEM HUKUM PERKAWINAN INDONESIA

2017 ◽  
Vol 11 (2) ◽  
pp. 233-246
Author(s):  
Ramdani Wahyu Sururie
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Legal Protection ◽  
Legal Order ◽  
Legal Certainty ◽  
Marriage Law ◽  
The Law ◽  
Religious Courts

"Isbat nikah" is the verification of a marriage. Juridically, marriage verification is regulated under the laws such as Law No. 1 of 1974 on Marriage, Law Number 7 of 1989 on Religious Courts, and Law No. 3 of 2006 and Law Number 50 of 2009 on Changes in the Religious Courts Act. The regulations stipulate that marriage verification is allowed for marriage performed before the Law Number 1 of 1974. In practice, marriage verification submitted to the Religious Court is done after the enactment of Law Number 1 of 1974. The acceptance of "marriage verification" by the Religious Court for the marriage taken place after the 1974 Marriage Law was based on the Compilation of Islamic Law (KHI), whereas KHI's legal status is not included in the Indonesian legal order. The essence of marriage verification is a legal determination. This means that a verified marriage remains valid because the marriage that is verified is merely on administrative reason. The position of marriage verification is a part of giving legal protection and legal certainty. The position of the KHI, which regulates in more detail the marriage verification, functions regulatively in the midst of a vacuum of religious judicial law. In addition, the judge may decide whether to grant or deny the application of marriage verification. Thus, it can be concluded that the nature of marriage verification is a part of legal discretion.

Polemik di Seputar Hukum Isbat Nikah dalam Sistem Hukum Perkawinan Indonesia

2017 ◽  
Vol 11 (2) ◽  
pp. 233-246
Author(s):  
Ramdani Wahyu Sururie
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Legal Protection ◽  
Legal Order ◽  
Legal Certainty ◽  
Marriage Law ◽  
The Law ◽  
Religious Courts

"Isbat nikah" is the verification of a marriage. Juridically, marriage verification is regulated under the laws such as Law No. 1 of 1974 on Marriage, Law Number 7 of 1989 on Religious Courts, and Law No. 3 of 2006 and Law Number 50 of 2009 on Changes in the Religious Courts Act. The regulations stipulate that marriage verification is allowed for marriage performed before the Law Number 1 of 1974. In practice, marriage verification submitted to the Religious Court is done after the enactment of Law Number 1 of 1974. The acceptance of "marriage verification" by the Religious Court for the marriage taken place after the 1974 Marriage Law was based on the Compilation of Islamic Law (KHI), whereas KHI's legal status is not included in the Indonesian legal order. The essence of marriage verification is a legal determination. This means that a verified marriage remains valid because the marriage that is verified is merely on administrative reason. The position of marriage verification is a part of giving legal protection and legal certainty. The position of the KHI, which regulates in more detail the marriage verification, functions regulatively in the midst of a vacuum of religious judicial law. In addition, the judge may decide whether to grant or deny the application of marriage verification. Thus, it can be concluded that the nature of marriage verification is a part of legal discretion.

LEGAL PROTECTION RELATED TO THE DENSITY RIGHTS IN TERMS OF REWARDED IN CORRECTIONAL INSTITUTION

2018 ◽  
Vol 5 (2) ◽  
pp. 175
Author(s):  
Lily Faradina ◽  
Kadek Wiwik Indrayanti
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
Correctional Institution ◽  
Human Beings ◽  
The People ◽  
The Law ◽  
The Right ◽  
Work Done

The rights of prisoners have been explicitly regulated in Act No.12 of 1995 on Corrections. The law therein outlines 13 (thirteen) rights reserved for a prisoner while in a Penitentiary. The right to get a wage or premium for the work done is a right that is often neglected in practice in the correctional institution located in our country. This happens because of the stigma of the people who still tend to assume that a prisoner is a party that deserves to be treated arbitrarily because of the crime he has committed. It is this kind of thinking that ultimately also affects officials or prison officers who end up treating incendiary people like humans who are unfit to accept the rights that have been provided by the state. Many inmates are employed in penitentiaries who are not paid for by their employers. If this continues to be done then the purpose of punishment will actually violate human rights inherent in the Prisoners as human beings. However, prisoners must also be protected by their rights as human beings.

scholarly journals The Legality of Providing Legal Aid to Perpetrators of the Crime of Murder in the Perspective of the Theory of Dignified Justice

2021 ◽  
Vol 3 (4) ◽  
pp. 585-604
Author(s):  
Muhlis Safi’i
Keyword(s):  
Human Rights ◽  
Equal Treatment ◽  
Main Element ◽  
Legal Services ◽  
Spiritual Values ◽  
Theory Of Justice ◽  
The Law ◽  
The Republic ◽  
The One ◽  
The Right

The Unitary State of the Republic of Indonesia is a state of law. In accordance with Article 1 paragraph (3) of the 1945 Constitution (UUD 1945). As a state of law, Indonesia must guarantee the rights of its citizens to equality and guarantees of justice, including human rights. As stated by Salim, quoting Fredrich Julius Stahl, that the main element of a state based on law is the protection, as well as the recognition of Human Rights (HAM), and upholding dignified justice. Also in Article 28D paragraph (1) of the 1945 Constitution (UUD 1945) reads: "Everyone has the right to recognition, guarantees, protection, and fair legal certainty and equal treatment before the law". This means that the constitution itself has accommodated, the state guarantees the fulfillment of individual rights of citizens and is treated equally before the law. In a state of law, the law is used as the main shield in the movement of government, state, and society. As an effort to realize justice and the spiritual values ​​of humanity (fair and dignified), there is assistance in the form of legal services for every citizen. The existence of a dignified justice theory is a justice provided by a legal system that has spiritual and material dimensions. This theory is a theory of justice that is based on noble values ​​that are rooted in the second principle of Pancasila, "Just and Civilized Humanity" and is inspired by the first principle, "Belief in the One Supreme God". 

scholarly journals Perlindungan Hukum terhadap Pengikut Aliran Syiah di Kabupaten Sampang Jawa Timur

2015 ◽  
Vol 4 (02) ◽  
pp. 243-260
Author(s):  
Achmad Maududi
Keyword(s):  
Human Rights ◽  
Religious Beliefs ◽  
Legal Protection ◽  
Protection Of Human Rights ◽  
Religious Sect ◽  
The Law ◽  
The Right

Abstract : The followers of Syiah religious sect in Sampang can get legal protection when they  want to do Bai’at again to the teachings of Ahlus sunnah wal Jamaah. It is agreed, because they believe Itsna Asyarah Syiah religious sect that its existing banned in Indonesia. Legal protection for them is the right of  citizens of Indonesia stipulated in the 1945 constitution. The guarantee of 1945 constitution, written constitution,  in the case of  citizens protection states  itself as the law state that the implementation of its goverment based on law. As a consequence of the law state,  recognation, respect, and protection of human rights should get a serious attention without discrimination in any forms. That the violence for whatever reason that may lead to violence action on the protect of religion is not justified forever. This is in accordance with embodiments of  article 28 and 29 of 1945 constitution which says that every citizens  has the right to run their  each religious beliefs and convictions.Keywords: Legal protection, Syiah, Sampang

scholarly journals Justification of the Citizens’ Right of Access to Public Passenger Transport Services by the Human Rights to Mobility and Equality Before the Law

2021 ◽  
Vol 19 (1) ◽  
pp. 149174
Author(s):  
Branko Korže ◽  
Ivana Tucak
Keyword(s):  
Human Rights ◽  
Social Ethics ◽  
Passenger Transport ◽  
Human Right ◽  
Transport Services ◽  
The Law ◽  
Principles Of Justice ◽  
The Republic ◽  
The Right ◽  
Right Of Access

As opposed to authors who strive to justify the right of access to public passenger transport services of citizens predominantly on the principles of justice deriving from social ethics, the authors of this article justify the right of such access on the human rights to mobility and equality before the law, as the rights based on international legal acts, whereas the principles of fairness are used to upgrade the human right to equality and prohibition of discrimination. Based on the rights to mobility and equality before the law, the authors justify an obligation of democratic states to introduce a law to provide for people an adequate access to public passenger transport services at the interurban and urban level. The theoretical findings established herein will serve as a basis to evaluate legal regulations in the selected states (the Republic of Slovenia and the Republic of Croatia), and create proposals to change the same.

scholarly journals ACTUALIZATION OF ISLAMIC LAW IN MODERN LEGISLATION

2019 ◽  
Vol 7 (6) ◽  
pp. 213-222
Author(s):  
Dr. H. Umar
Keyword(s):  
Government Regulation ◽  
Islamic Law ◽  
Binding Capacity ◽  
Marriage Law ◽  
Inheritance Law ◽  
Basic Law ◽  
Statutory Law ◽  
The Law ◽  
The Republic ◽  
The Times

Islamic law in the form of legislation in Indonesia is that which is legally binding on the constitution, even its binding capacity is broader. Therefore, as an organic regulation, sometimes it is not elastic to anticipate the demands of the times and change. For example, Law Number 1 of 1974 concerning Marriage. The law contains Islamic law and is binding on every citizen of the Republic of Indonesia. Problems that occur such as in Jambi Province at this time the fiqh law which is very broad in its scope is worthy of being called "Islamic law" is marriage law, inheritance law and waqf law. Laws or provisions that are applied to administer and settle marriages, inheritance and endowments as material laws, are still diverse. Marriage and Wakaf cases are regulated in statutory law; marriage is regulated by Law No. 1 of 1974 concerning Marriage and waqf law regulated by Government Regulation No.28 of 1977; as executor of the Agrarian Basic Law of 1961. Whereas inheritance law has not been regulated by law and by itself is still guided by Jurisprudence.

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