scholarly journals Kuasa Anak atas Perkawinan: Harmonisasi Perlindungan Anak dan Doktrin Fikih dalam Putusan Dispensasi Kawin

2021 ◽  
pp. 253-268
Author(s):  
Muhammad Idris Nasution ◽  
Muhammad Syukri Albani Nasution
Keyword(s):  
Child Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Child Marriage ◽  
Absolute Power ◽  
The Voice ◽  
Religious Courts

Child marriage is a global phenomenon that often neglects the protection of children's rights, but a few parents use the jurisprudence doctrine as a shield against their actions. The fiqh doctrine that gives absolute power (ijbar) to fathers and grandfathers over their children's marriages is often abused to marry off children even without their consent. The voice of a child is considered insignificant and his rejection of the actions of his parents is often seen as a form of iniquity. It is different from the two decisions of the Religious Courts, which the authors found, in which the decisions were more concerned with the child's opinion on the marriage that was planned for him by giving the child the rights of isti'dzan and isti'mar. Regarding this case, the authors conducted an analysis with the perspective of child protection and maqashid sharia. The results of the analysis show that in the perspective of child protection and maqashid sharia, children should be rewarded for their opinions. But this award is not enforced absolutely because the opinions of parents cannot be ignored, especially in cases where there is a very urgent reason. So that it is necessary to harmonize the protection of children's rights with the fiqh doctrine of guardian authority by considering the best interests of the child.

scholarly journals Understanding Child Support in the Pattern of Child Protection based on the Principle of Child Protection

2021 ◽  
Vol 8 (1) ◽  
pp. 92
Author(s):  
M. Nur Syafiuddin ◽  
Rachmad Safa’at ◽  
Prija Djatmika ◽  
Istislam Istislam
Keyword(s):  
Human Rights ◽  
Child Welfare ◽  
Child Protection ◽  
Child Support ◽  
Analytical Techniques ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Legal Research ◽  
Materials Used

Children have human rights (HAM) as those of adults. Unfortunately, discussions regarding children's rights are not as intense as adult rights or women's rights. There are not many parties that discuss and take concrete actions related to the protection of children's rights. In fact, children are a reflection of the future, assets of family, religion, nation and state. This study aims to describe and analyze the meaning of child support in the pattern of child protection in Indonesia based on the best interests of the child. This normative legal research utilized a philosophical and statutory approach. Analytical techniques used to process legal materials were analytical prescriptive methods, hermeneutics (interpretation) of law and ijtihadi. The legal materials used were primary legal materials including laws on child protection and secondary legal materials consisting of all literature and publications relevant to the field of child protection law. The results showed that there are at least two meanings of child support in the pattern of child protection in Indonesia based on the principle of child protection: child support as a guarantee for child welfare and child support as a futuristic value in child protection.

scholarly journals Child Protection And Marriage Prevention

2019 ◽  
Vol 9 (1) ◽  
pp. 92
Author(s):  
Fransiska Novita Eleanora ◽  
Andang Sari
Keyword(s):  
Child Protection ◽  
Children's Rights ◽  
Young Age ◽  
Shared Responsibility ◽  
Children’S Rights ◽  
Early Marriage ◽  
Child Marriage ◽  
Economic Factors ◽  
Main Role ◽  
The Government

<div><p>Recognition and protection of children's rights is fully a shared responsibility of both the parents, the government and the wider community that guarantees its survival and development and the growth of children in a strong, healthy and intelligent state. The main role in the development of children in addition to nutrition and vitamin intake or fulfillment of clothing, food and shelter, is also needed attention to the development of children in the future which is the right of the child to get education and teaching so that the aspirations can be achieved and succeed as he wants. But with the changing times it turns out that the rights of children are neglected in the sense that they are not fulfilled as expected, because they are triggered by economic factors so that children cannot attend school or continue  their  education  due  to  marriage  at  a  young  age  or  so-called  early marriage.  With  the  occurrence  of  marriage  at  a  young  age  for  children  is  a violation of the rights of children, and children experience the destruction of their future because they are not ready and mature thinking and psychology because basically children should be protected from any threat or anyone. Protection of children's rights is absolutely granted, and has been regulated in the child protection law and marriage law regarding the age limit of children, the fact that there is still a high level of child marriage. The research method that is used or used in this writing uses literature studies based on the literature of journals, books, magazines and even from legislation relating to child protection and child marriage. The results showed that economic factors are the dominant occurrence of early marriage and lack of awareness of parents and community members on the protection and prevention of child marriages, on the other hand there is the assumption that by marrying their children, the obligations of parents are completed and by carrying out the marriage live independently without depending on their parents. The involvement and participation of the government can also prevent early marriage, especially in the application of sanctions in the rules that have been set, because if you want to protect children's rights, one of them is to prevent early marriage, or in other words stop child marriage.</p></div>

scholarly journals The Children's Bill of Mauritius: A critical assessment of key aspects

2020 ◽  
Vol 20 (2) ◽  
Author(s):  
Roopanand Mahadew
Keyword(s):  
Child Protection ◽  
Juvenile Offender ◽  
Children's Rights ◽  
Critical Assessment ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
Previous Child ◽  
United Nations Convention ◽  
Key Aspects

This article critically assesses the Children's Bill that has been presented as a law that will revolutionise the sphere of children's rights in Mauritius. It is set to replace the Child Protection Act which was way below the required international standard for children's rights. Essential aspects of the Bill are reviewed by using as barometers the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. Some of the aspects explored are the principle of the best interests of the child, the protection of the child, the child as a juvenile offender and the Children's Court. The article also compares the Bill to the previous Child Protection Act to evaluate the efficacy of the changes brought about by the Bill.

scholarly journals PEMENUHAN HAK ANAK SEBAGAI TERSANGKA DALAM PENYIDIKAN TINDAK PIDANA KECELAKAAN LALU LINTAS

2019 ◽  
Vol 2 (1) ◽  
pp. 14-22
Author(s):  
Afrino Afrino
Keyword(s):  
Child Protection ◽  
Traffic Accident ◽  
Traffic Accidents ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Legal Counsel ◽  
Internal Factors ◽  
Criminal Offense ◽  
Investigation Process

Lately, there have been frequent traffic accidents which have caused many losses. The Sijunjung Regional Police Laka Satlantas Unit has handled 35 cases of traffic accident committed by children, so far it has always prioritized child protection in examining children who are dealing with the field of law. This research is a descriptive analytical study. Adapaun the results of the implementation of the implementation of the fulfillment of children's rights as suspects in the investigation process, can be seen from careful actions carried out by investigators, meaning that if the cases carried out by children are still classified as minor acts, there should be no detention measures, whereas if the case is a criminal offense detention can be carried out, in the investigation process the suspect must be accompanied by his parents even though his legal advisor does not come to accompany the suspect. BAPAS in the inspection phase is obliged to assist the suspect. Examination of child suspects, it should be noted that there is a special room that is comfortable and friendly for child offenders, and the Diversion process is prioritized to achieve the best interests for children. Constraints encountered by the police in fulfilling children's rights as suspects in the process of investigating traffic accident crimes, namely in the process of investigating and detaining suspected children, where there are internal factors, namely members of Unit Laka personnel who are few in number, BAPAS sometimes unable to attend, legal counsel sometimes unable to attend. Efforts to overcome the obstacles that arise in the provision of children's rights as suspects in the investigation process of traffic accident crimes, where the Sijunjung Regional Police have dealt with these obstacles in accordance with what is needed, among others asking for funds to add detention rooms, writing BAPAS and legal counsel, and providing socialization to schools or to the community regarding enforcement of traffic laws in general and the protection of children in particular.

scholarly journals HAK ANAK DALAM SISTEM PERADILAN PIDANA ANAK DI INDONESIA

2020 ◽  
Vol 9 (1) ◽  
pp. 91
Author(s):  
Ramdani Ramdani
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Literature Study

Penelitian ini membahas tentang “Hak Anak Dalam Sistem Peradilan Pidana Anak di Indonesia”. Penelitian ini bertujuan untuk mengentahui, menganalisis dan membahasn konsep serta bentuk dari hak anak dalam sistem peradilan pidana anak di Indonesia. Penelitian ini merupakan penelitian normativ dengan menggunakan pendekatan studi kepustakaan dengan menelaah, meneliti dan mengkaji perundang-undangan yang membahas tentang hak anak baik secara konsep maupun bentuk. Hasil dari penelitian ini secara garis besar dapat disimpulkan bahwa anak dalam dalam perkara pidana mendapat jaminan perlindungan hukum dalam berbagai bentuk seperti jaminan keselamatan baik fisik, mental maupun sosial dan memiliki akses terhadap informasi mengenai perkembangan perkara. Anak harus mendapatkan haknya berdasarkan kepentingan terbaik anak penghargaan terhadap anak. Jaminan perlindungan yang didapat tidak hanya dari Undang-undang No 11 tahun 2012 tentang sistem peradilan pidana anak namun juga dari Undang-undang No 13 tahun 2006 tentang perlindungan saksi dan korban. Negara dalam hal ini pemerintah dan aparatur penyelenggara memperhatikan implementasi yang efektif dengan pertimbangan kepentingan terbaik anak.Kata kunci: Sistem peradilan pidana anak, perlindungan anak, hak anakThis research discusses "Children's Rights in the Child Criminal Justice System in Indonesia". This study aims to identify, analyze and discuss the concepts and forms of children's rights in the juvenile justice system in Indonesia. This research is a normative study using a literature study approach by examining, researching and examining laws that discuss children's rights both in concept and form. The results of this study can be broadly concluded that children in criminal cases receive legal protection guarantees in various forms such as safety guarantees both physically, mentally and socially and have access to information regarding case developments. Children must get their rights based on the best interests of the child and respect for the child. The guarantee of protection is obtained not only from Law No. 11 of 2012 concerning the juvenile criminal justice system but also from Law No. 13 of 2006 concerning the protection of witnesses and victims. The state in this case the government and the apparatus organizers pay attention to effective implementation with consideration of the best interests of children.Keywords: Child criminal justice system, child protection, children's rights

scholarly journals Protection of Child Rights in Polygamy Family Around ASN in Asahan District Community (Analysis Study of Law No. 35 of 2014 about Child Protection)

2021 ◽  
Vol 3 (3) ◽  
pp. 468-478
Author(s):  
Azwar Gunawan
Keyword(s):  
Civil Rights ◽  
Child Protection ◽  
Community Analysis ◽  
Children's Rights ◽  
The Body ◽  
Children’S Rights ◽  
Best Interests ◽  
The Republic ◽  
The Government ◽  
The Right

Based on Article 2 of Law Number 23 of 2002 concerning Child Protection and Law Number 35 of 2014 concerning Child Protection, that the implementation of child protection is based on Pancasila and is based on the 1945 Constitution of the Republic of Indonesia, as well as the basic principles of the Convention on the Rights of the Republic of Indonesia. children include: 1) Non-discrimination; 2) The best interests of the child; 3) Right to life, survival and development, and 4) Respect for children's opinions, it can be analyzed and concluded that everything that is urgent for children is their right that is protected by law. Positive law or also called ius constitutum is a collection of written legal principles and rules that are currently applicable and binding in general or specifically and enforced by or through the government or courts in the Indonesian state. Civil Rights, Right to Education and Maintenance, Children's Rights To get Welfare, Children's Right to Take Care of Legal Affairs, it can be analyzed and concluded that children's rights are not only schooled. But civil, welfare, even if he stumbles into a legal case, he has the right to be protected. Protection of children's rights in Law no. 35 of 2014 which states that parents are obliged and responsible for: nurturing, nurturing, educating, and protecting children, developing children according to their abilities, talents, and interests and preventing marriage at the age of children. Children are a mandate and gift from God Almighty, in whom the dignity of being fully human is attached. When polygamy is unavoidable, one of the problems that often arises is that children often become victims. Both in terms of love, education and attention. Of all the rights of children, the most urgent for children is education. Children have the right to get education from an early age as contained in the juridical basis in the body of the Constitution Chapter XIII Article 31 paragraphs 1 and 2 of 1945 which reads: every citizen has the right to receive instruction (paragraph 1) the government seeks and organize a national teaching system regulated by law.  

Opinions Regarding the Principle of Promoting with Priority the Superior Interest of the Child in the Regulation of Law No. 272/2004 and the Romanian Civil Code

2020 ◽  
Vol 26 (2) ◽  
pp. 150-156
Author(s):  
Aurelia Teodora Drăghici ◽  
Andrei Murgu ◽  
Teodor Bodoașcă
Keyword(s):  
Children's Rights ◽  
Civil Code ◽  
Children’S Rights ◽  
Best Interests ◽  
Legal Analysis ◽  
Best Interest ◽  
Regulation Of Law

SummaryThe study is devoted mainly to the logical-legal analysis of the provisions of art. 2 of Law no. 272/2004 on the promotion and protection of children’s rights, as well as art. 263 of the Civil Code, which establish the main normative solutions regarding the “priority promotion of the principle of the best interests of the child”. Although the phrase “the best interests of the child” is used in the construction of many rules of Law no. 272/2004, the Civil Code and other normative acts, the legislator refrained from establishing its significance, leaving this approach to the doctrine. The proposed study is intended to be a contribution to achieving this goal. We were also concerned with the identification of normative inaccuracies and the substantiation of pertinent proposals of lege ferenda for the improvement of the regulations regarding the principle of promoting with priority the principle of the best interest of the child.

The Best Interests of the Child

2020 ◽  
pp. 203-221
Author(s):  
Wouter Vandenhole ◽  
Gamze Erdem Türkelli
Keyword(s):  
Human Rights ◽  
Family Law ◽  
Children's Rights ◽  
Case Law ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
European Court ◽  
Elusive Concept

The best interests of the child principle is considered a pillar of children’s rights law and, according to the UN Convention on the Rights of the Child (CRC), is to be a primary consideration in all actions concerning children. Yet best interests is an elusive concept and principle that has no single authoritative definition or description. Internationally and domestically relevant in such diverse areas as family law, adoption, migration, and socioeconomic policymaking, the best interests principle requires flexibility and is best served by a case-by-case approach, as has been recognized by the UN Committee on the Rights of the Child and the European Court of Human Rights. This chapter analyzes relevant international case law and suggests the use of a number of safeguards to prevent such requisite flexibility from presenting a danger of paternalism, bias, or misuse.

From “Perverse” to Progressive?: Advocating for Children’s Rights in Argentina

2012 ◽  
Vol 20 (1) ◽  
pp. 72-89
Author(s):  
Amy Risley
Keyword(s):  
Child Protection ◽  
Social Issues ◽  
Children's Rights ◽  
Economic Reforms ◽  
Children’S Rights ◽  
Socioeconomic Conditions ◽  
Economic Rights ◽  
Rights Of The Child ◽  
The Social ◽  
United Nations Convention

This article argues that social issues are central to the children’s rights movement in Argentina. For more than a decade, child advocates have traced the plight of children to poverty, marginality, and neoliberal economic reforms. In particular, they have framed the issue of child welfare as closely related to socioeconomic conditions, underscored the “perverse” characteristics of the country’s existing institutions and policies, and called for reforms that accord with the United Nations Convention on the Rights of the Child. Although the country’s policies are gradually being transformed due to a landmark child-protection law passed in 2005, a dramatically more progressive framework for children’s rights has not yet been adopted. Given that policymakers have largely failed to reverse the trends that activists perceive as harming children, it is expected that advocates will continue to criticise the gap between domestic realities and the social and economic rights included in the Convention.

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