scholarly journals Izin Poligami dalam Tinjauan Fikih dan Hukum Positif di Indonesia

2009 ◽  
Vol 3 (2) ◽  
pp. 225-240
Author(s):  
Ali Trigiyatno

The government defined some norms on doing polygamy considering its negative effects. One of the requirements is a license for doing polygamy from the Religious Court. This letter of permission contains some benefits for the family especially protecting the right of the children and the wife.

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].


Author(s):  
I Wayan Juwahyudhi

ABSTRACTOne of the police authorities is a discretionary action, where the action can also be done at the time of the investigation in dealing the juvenile offenders to protect children’s right to get justice and maximum legal protection. In the Law Number 11 of 2012 on the Juvenile Criminal Justice System stipulate about the investigator authority to carry out action of diversion, but this only applies to children under sentence of less than 7 years in prison and does not apply in children who are subject to punishments of more than 7 years in prison. This is contrary to the 1945 Constitution and the Law Number 23 of 2002 which emphasizes the protection of children before the law an the efforts to avoid imprisonment of the juvenile offenders.The thesis describes the police authority and the legal mechanisms and policies by the investigator in protecting the right on the juvenile offenders that puts the principles of legal protection. In order to avoid negative effects on children, therefore the police discretion is needed to avoid restrictions on freedom of the children’s right. The method used is a normative legal research method, where the normative or library legal research method is done by examining existing library materials.The writer suggested to the government to be more serious in dealing with the problems of children, especially for the juvenile offenders so that the welfare and right of children are protected and to avoid restrictions on freedom and minimize for juvenile offenders.


2020 ◽  
Vol 2 (3) ◽  
pp. 248-258
Author(s):  
Shofi Khaqul Ilmy ◽  
Noorhamdani ◽  
Heni Dwi Windarwati

Schizophrenia is a chronic and multifactorial mental health problem that occurs in developing countries, including in Indonesia. Families with schizophrenia patients will feel the burden of care and lead to pasung, and supported by various factors. Pasung, by the family, aims to control the aggressive behavior of the patient. A systematic review was conducted by searching four online databases, namely ProQuest, Science Direct, and EBSCO, and Google Scholar in the past ten years. This analysis uses the PRISMA 2009 method and obtained 14 articles for final review. The results obtained are the internal factors that most influence on pasung is the aggressive behavior of schizophrenia patients, both towards themselves, family, or the environment. In comparison, the most influential external factor is the emergence of stigma against patients and their families. Both of these factors cause the family to decide to pasung on schizophrenia patients, associated with feelings of helplessness and hopelessness. Community mental health nursing (CMHN) plays a role in handling and preventing pasung, which must be supported by the government and the community. Increased knowledge about schizophrenia and pasung in community has an impact on improving the mental health status of the community. Optimal mental health is the right of everyone throughout the world, including in Indonesia.


1910 ◽  
Vol 4 (1) ◽  
pp. 1-82
Author(s):  
Lester H. Woolsey

The self-governing colonies of the British Empire are not, it is true, states within the meaning of international law, for Great Britain has, among other things, the legal right to conclude with other nations treaties which affect her colonies. It is, moreover, too much to say that the self-governing colonies will become members of the family of nations. Still it is a fact that England has in recent years granted them more or less participation in the negotiation of treaties affecting their welfare; and in a recent treaty of general arbitration Great Britain expressly reserves “the right before concluding a special agreement in any matter affecting the interest of a self-governing Dominion of the British Empire, to obtain the concurrence therein of the Government of that Dominion.” Consequently these colonies possess a certain standing in international relations which can not be overlooked, and which justifies some comparative study of their fundamental laws. The object of this paper is, therefore, to give a general sketch of the constitution of South Africa, recently approved by the English Parliament, in the light of the earlier constitutions similarly granted to Canada and Australia.


2019 ◽  
Vol 22 (35) ◽  
Author(s):  
Valéria Silva Galdino Cardin

The emergence of plural societies with different traditions reveals the need to expand the concept of human rights in a multicultural dimension, including the right to difference, identity and the preservation of ethnic cultures. Ethics must be the measure of respect for multicultural identity, and when it comes to issues related to science and the quality of life of human beings, it must be applied the principles of bioethics. In Brazil, different traditions and beliefs coexist in each region of the country, in the Indian tribes, etc. These groups have different values regarding the family system, especially on how to treat the unborn child and the child. The principles of bioethics can be used as a limit when the cultural practices violate the rights of minors. Finally, considering human dignity, intercultural dialogue is the most suitable alternative to protect the unborn child and infant, and at the same time to ensure respect for cultural identity. For this, the government should implement public policies that promote the right to difference, valuing the culture of other peoples, with the effective participation of those who comprise the society.


KOMUNITAS ◽  
2017 ◽  
Vol 9 (1) ◽  
pp. 8-14
Author(s):  
Miftahul Jannah

The children are persons who have the age under 18-years old who havestill the right to be protected from life-threatening matters, from acts of exploitation, and the things that interfere their future. Remembering that the childhood is a growth process, both physical and mental, ideally children should avoid the various behaviors that interferetheir growth. Therefore, children need to be guaranteed their rights, and play. In this paper, the writer wants to describe the forms of exploitation of children such as the loss of children’s rights so they must go the world of work due to poverty problems which become main foundation of children to participate in fulfilling their needs. The factors of exploitation are certainly due to the lack of understanding of the head of the family about the importance of children’s education. Therefore it is important to reconstruct the social policy purposes of the children, in order to avoid exploitation actions which can disturb the growth of a children’s lives, by the reconstruction of social policy of the government, it is able to restore the rights of children in life, so that the fulfillment of all needs and the creation of welfare for children.


1989 ◽  
Vol 21 ◽  
pp. 29-30

Political power, for individual women, was like a reputation for philosophy or a gift for painting. You had to be the daughter or wife of the right person: it was not possible to make a career, as a man sometimes could, by sheer talent for fighting or arguing or making. You also had to work in the interests of the family and keep a low personal profile.Plutarch, who believed that women were endowed with courage and intelligence, collected instances of Great Deeds by Women (Moralia 242–63). These occur in crises: his heroines do not have, and he does not advocate, an acknowledged social or political role. He admires Aretaphila (257de), who withstood torture, conspired successfully to kill a tyrant, declined an invitation from the people to join the government, and retired gracefully to private life in the women’s quarters. When women are found, in Plutarch’s time, holding magistracies and priesthoods (as they did in Asia Minor in the first and second centuries A.D.), or are honoured by their cities as public benefactors, they too are praised for modesty, charm, and self-restraint, as though everyone needed reassuring that no departure from convention was intended. In fact, it cannot be shown that such women ever chaired a meeting or addressed an assembly, or did more than foot the bills and acknowledge the applause. Some actually have public spokesmen; some are obviously the Lady Mayoress, the wife of the man who had the job.


SMART ◽  
2021 ◽  
Vol 7 (2) ◽  
pp. 156-169
Author(s):  
Ardiyamsi Sarmoko Saridi ◽  
Yoga Setyo Wibowo ◽  
Era Anggela

In the Covid-19 pandemic era, all national to international aspects has been affected, including religious activities such as the implementation of Hajj and Umrah. Saudi Arabia through The Ministry of Hajj and Umrah only allows domestic pilgrims in 2020. This has caused the Indonesian Government to cancel Hajj departures, thus prolonging the queue of pilgrims in Indonesia. The Indonesian Ministry of Religion needs to adjust the Hajj and Umrah policies in the pandemic era, by designing a message communication strategy, innovation and Hajj mitigation for prospective pilgrims. Problems and challenges in communicating the message, including differences knowledge of prospective pilgrims regarding Hajj procedures, the dominance of elderly prospective pilgrims, education levels, and various demographic characteristics of socio-economic need to be considered. This article aims to describe the expectations of prospective pilgrims for the 2021 hajj departure and how the right model of communication, innovation and mitigation strategy for hajj and umrah during the pandemic. This research method uses a mix-method approach through a survey involving 1201 prospective pilgrims from 34 provinces in Indonesia using telesurvey methods and literature studies. This research found that prospective pilgrims have high expectations (9.17 from 10) for the 2021 Hajj departure. In communicating information related to the implementation of the hajj and umrah pilgrimages during the pandemic, the government needs to produce clear, meaningful, one narrative, empathetic, consistent and contextual message. In addition, it also build harmonization of communication through the family system between government institutions, as well as providing guidance related to health protocols and emotional support by hajj officers and scholars to prospective pilgrims who get cancelation on hajj departure.


2019 ◽  
Vol 1 (1) ◽  
pp. 75-87
Author(s):  
Nurnazli Nazli

This article elaborates on solutions to promote and strengthen the regulation preventing child marriage practices in Indonesia, so the purpose of marriage that to create a happy and eternal family will be created based on the One True God. The equality paradigm in determining the minimum age of marriage has been realized by the Indonesian Government by raising Law No. 16 of 2019 on Amendment to Law No 1 of 1974 on Marriage. Article 7 paragraph (1) on the Post Revised Marriage Law explains that the minimum age for a marriage is 19 years and no age difference between spouses (men and women). The purpose of the Act is the Indonesian government can be more serious in minimizing the child marriages that still happen today. This research found that the following steps can strengthen the regulation preventing child marriage. First, create intense communication within the family. Secondly, it involves the judiciary in the context of enforcing rules regarding the age limit of marriage. Third, the Supreme Court must immediately make rules that can complicate marriage dispensation. Fourth, providing socialization related to the rule of law regarding the minimum age for marriage and counseling about the negative effects of child marriage. Fifth, open opportunities for adolescents to develop their potential, so that the gap in the child marriage can be minimized. To realize these steps, the government, parents and the community must work together in accordance with their respective capacities.


2020 ◽  
Vol 1 (1) ◽  
pp. 92-101
Author(s):  
Samira Allahverdiyeva ◽  

As we know, the interest of each state in joining the WTO is to succeed in foreign trade and in particular, to benefit more. To this end, the countries of the world are closely following the global foreign trade policy and trying to establish the right policy on the path of development. The main feature of the global economic system, on which we now focus more is the subject of discussion at the international level, is the implementation of systematic and rapid changes in the system of public administration. From this point of view, it is very important for Azerbaijan to gain the necessary position in the global sense, and, of course, if there are some delays in this area, rapid changes in the global arena increase the likelihood of negative effects for Azerbaijan. To this end, it is very important that the members of the WTO Preparatory Commission are fully trained and well-directed. As a final result, I would like to note that the government of the Republic of Azerbaijan should make extensive use of the experience of member states in the negotiation process and conduct a proper assessment. In addition, I think that special work should be done to inform the public about the WTO, and more productive events should be organized.


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