scholarly journals Prevention of Child Marriage Age in the Perspective of Human Rights

2018 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Rudyanti Dorotea Tobing
Keyword(s):  
Human Rights ◽  
Human Life ◽  
Child Marriage ◽  
Human Rights Law ◽  
Marriage Law ◽  
Marriage Age ◽  
Family Household ◽  
The Republic ◽  
The One ◽  
The Right

One of the rights guaranteed by the 1945 Constitution of the Republic of Indonesia is the right to marry and have children. Marriage is the beginning of the process of embodiment of the formation of a family in human life. Therefore, marriage is not merely the fulfillment of biological needs, but more than that. Marriage is a part of Human Rights stipulated in Article 10 of the Human Rights Law that everyone shall have the right to start a family and to continue the offspring through legitimate marriage and it may only take place at the free will of the prospective husband and future wife. Marriage is the inner bond between a man and a woman as a husband and wife with the aim of forming a happy and eternal family (household) based on the One Supreme God (Article 1 of the Marriage Law). Based on the article, it can be seen that the purpose of marriage is to establish a happiness and an eternal household based on the One God. Marriage is permissible for those who have met the age limit for marriage as set forth in Article 7(1) of the Marriage Law, for man nineteeen years old and for woman sixteen years old, but in fact under age marriages still happen. According to human rights perspective, under age marriage is the action of grabbing children freedom, namely the right to grow and develop optimally. Prevention of under age marriage, should be done so the children still get their basic rights.

scholarly journals EKSISTENSI HUKUMAN MATI DITINJAU DARI ASPEK HAM SIPIL DALAM PERSEPEKTIF HAK UNTUK HIDUP

2021 ◽  
Vol 3 (2) ◽  
pp. 72-91
Author(s):  
I Gusti Bagus Hengki
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Research Methodology ◽  
Scientific Paper ◽  
Human Rights Law ◽  
Right To Life ◽  
The Republic ◽  
Perpetrators And Victims ◽  
The Right

This scientific paper is expected to find out how the existence of the death penalty is viewed from the aspect of Civil Human Rights in the perspective of the right to life and whether the existence of the death penalty is contrary to the ideology of the Pancasila State and the 1945 Constitution of the Republic of Indonesia and the Human Rights Law with a normative research methodology with using a statutory approach. From the results of the discussion that the existence of the death penalty in terms of the Civil Human Rights aspect in the perspective of the right to life still needs to be maintained, because it does not conflict with the ideology of the Pancasila State and the 1945 Constitution of the Republic of Indonesia, the Human Rights Law, UDHR and ICCPR, as well as religion. in Indonesia, as long as it is not carried out arbitrarily, in accordance with the provisions of the legislation. This needs to be done because to provide protection for individual perpetrators and victims against acts of revenge, emotional, uncontrollable, vigilante, so that it does not guarantee that the death penalty is abolished. Indeed, there are parties who are pro and contra about the death penalty by both underpinning Pancasila, all of which is to make Pancasila a "Justification".   Tulisan ilmiah ini diharapkan dapat mengetahui bagaimana eksistensi  hukuman mati  ditinjau dari aspek  HAM Sipil dalam perspektif hak untuk hidup  dan apakah eksistensi  hukuman mati bertentangan dengan  ideologi Negara Pancasila dan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 serta  Undang-Undang HAM dengan metodologi penelitian normatif dengan menggunakan jenis pendekatan perundang-undangan (statute Approach). Dari hasil pembahasan bahwa eksistensi hukuman mati ditinjau dari aspek HAM Sipil dalam perspektif Hak untuk hidup  masih perlu dipertahankan, karena tidak bertentangan dengan ideologi Negara Pancasila dan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945, Undang-Undang HAM, UDHR dan ICCPR, maupun agama yang ada di Indonesia, asal dilaksanakan  tidak sewenang-wenang, sesuai dengan ketentuan peraturan perundang-undangan. Hal ini perlu diadakan  karena untuk memberikan perlindungan terhadap individu pelaku dan korban terhadap tindakan balas dendam, emosional, tidak terkendali, main hakim sendiri, sehingga tidak menjamin bahwa kalau hukuman pidana mati ditiadakan.  Memang ada pihak yang pro dan kontra tentang hukuman mati dengan sama-sama mendasari Pancasila, semuanya itu untuk menjadikan Pancasila sebagai “Justification“.

Diskresi Hukum dalam Pemberian Dispensasi Perkawinan

2020 ◽  
Vol 1 (1) ◽  
pp. 48
Author(s):  
Emanuel Boputra
Keyword(s):  
Children's Rights ◽  
Child Marriage ◽  
Constitutional Court ◽  
Marriage Law ◽  
Family Household ◽  
Legal Consideration ◽  
Age Limit ◽  
The Law ◽  
The Republic ◽  
Happy Family

ABSTRACT: Marriage is one important part in the journey of human’s life. According to the Law No. 1 of 1974 concerning Marriage, Article 1: Marriage is a physical-mental bond between a man and a woman, as a husband and a wife, aiming to create an eternal and happy family/household based on God Almighty. Marriage aims to create a happy and eternal family/household.Article 7 (1) of the Marriage Law stipulates and regulates the age limit for a marriage. A marriage is allowed when the man is at least 19 (nineteen) years old, and the woman is at least 16 (sixteen) years old. Next in the verse 2 is stated that in the event of deviating the verse 1, this article is able to request a dispensation from the Court or other Officials which is appointed by both the parents of the man and the woman. Therefore, a dispensation from the Court or other Officials, which is appointed by both the parents of the man and the woman, is required in order to hold a marriage if those minimum ages are not attained yet.Indeed, a dispensation is able to be justified based on the law aspect (a dispensation is required from the Court or other Officials, appointed by both the parents of the man and the woman, if those minimum ages are not attained yet). The submission of an application for the marriage dispensation to the Court is a legal step, chosen by the applicant in order to legalize their marriage. However, the space for dispensing various forms of child marriage is in fact a form of violation towards the children’s rights, as stated in the legal consideration of the Decree of the Constitutional Court of the Republic of Indonesia No. 22/PUU-XV/2017.Keyword: Marriage, Dispensation, Decree of Law ABSTRAK: Perkawinan merupakan salah satu bagian terpenting dalam perjalanan kehidupan manusia. Menurut ketentuan Undang-undang No. 1 Tahun 1974 tentang Perkawinan Pasal 1 : perkawinan adalah ikatan lahir batin antara seorang pria dengan seorang wanita sebagai suami isteri dengan tujuan untuk membentuk keluarga / rumah tangga yang bahagia dan kekal berdasarkan Ketuhanan Yang Maha Esa  Tujuan perkawinan adalah untuk membentuk keluarga / rumahtangga yang bahagia dan kekal.Pasal 7 (1) Undang-undang Perkawinan menetapkan dan mengatur perihal batas umur untuk melangsungkan perkawinan ; Perkawinan hanya diijinkan jika pihak pria sudah mencapai umur 19 (sembilan belas) tahun dan pihak wanita sudah mencapai umur 16 (enam belas) tahun. Selanjutnya dalam ayat 2 disebutkan bahwa; dalam hal penyimpangan terhadap ayat (1) pasal ini dapat meminta dispensasi kepada Pengadilan atau Pejabat lain yang ditunjuk oleh kedua orangtua pihak pria maupun pihak wanita. Dengan demikian apabila belum mencapai umur tersebut apabila hendak melangsungkan perkawinan diperlukan dispensasi dari Pengadilan atau Pejabat lain yang ditunjuk oleh kedua orangtua pihak pria maupun pihak wanita.Dari aspek hukum pemberian dispensasi memang dapat dibenarkan (apabila belum mencapai umur tersebut, untuk melangsungkan perkawinan diperlukan dispensasi dari Pengadilan atau Pejabat lain yang ditunjuk oleh kedua orangtua pihak pria maupun pihak wanita). Pengajuan permohonan dispensasi perkawinan ke Pengadilan adalah langkah hukum yang dipilih oleh Pemohon untuk melegalkan perkawinan. Akan tetapi “ruang” pemberian dispensasi terhadap berbagai bentuk perkawinan anak sebetulnya juga merupakan salah satu bentuk “pelanggaran” terhadap hak-hak anak, sebagai mana dinayatakan dalam pertimbangan hukum Putusan Mahkamah Konstitusi No. 22/PUU-XV/2017.Kata Kunci: Perkawinan, Dispensasi, Dekresi Hukum

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 Protection of the Right to Life under Modern International Law and Prophetic Law: A Comparative Study

rahatulquloob ◽  
2019 ◽  
Vol 3 (2(2)) ◽  
pp. 52-74
Author(s):  
Muhammad Sohail ◽  
Saqib Jawad
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Islamic Law ◽  
Primary Concern ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Right To Life ◽  
The One ◽  
The Right ◽  
Substantive Law

The right to life is often said to be mother right and most important fundamen-tal right of all rights. The application and criteria of protection of the right to life differs under international humanitarian law (IHL) and human rights law (HRL). As a general conception, IHL is applicable only during armed conflict and HRL is applicable in all other situations excepting armed conflict. This conception though has been proved to be wrong, however, the primary concern regarding the protection of the right to life during armed conflict is that of IHL. However, it does not mean that HRL has nothing to do with an armed conflict or IHL is having no concern about the protection of the right to life beyond armed conflict, rather it means that standard and criteria of protection of the right to life during armed conflict differs in both these branches of internatio-nal. When the question arises with regard to the protection of the right to life during armed conflict, different answers are found in both these disciplines. The substantive law as well as case law of both the branches differ in this regard to such an extent that a person may lose the protection of his right to life under IHL on the one hand, while still holding such protection under HRL on the other. While Islamic Law does not differentiate between humanitarian law and human rights law, rather in Islam, protection of the right to lie has been ensured on equal footings in and outside an armed conflict. The paper focuses the main causes of differences between IHL and HRL. Consequently, sorting out the best possible manner in which such differences can be removed and resultantly by recommending the standard and criteria as to how the right to life can be best protected.

Freedom of Assembly and Safety

2018 ◽  
Vol 9 (2) ◽  
pp. 105-118
Author(s):  
Zbigniew Mikołajczyk ◽  
Jarosław Struniawski
Keyword(s):  
Human Rights ◽  
Human Life ◽  
The Other ◽  
Main Task ◽  
Human Right ◽  
Other Hand ◽  
The Republic ◽  
Global Principles ◽  
The Right ◽  
Right Of Assembly

The article refers to freedom and human rights as universal and global principles covering all aspects of human life. Human rights are those freedoms, means of protection and services respected precisely as rights, which all people should be able to demand from the society in which they live, in accordance with today's freedoms. On the other hand, as rights they solely occur among individuals and authorities. None of the authority can take them away. They can not be waived or renounced. In Poland, guarantees of respect for human rights - to which all people are entitled and citizen's rights - to which only Polish citizens are entitled are included in the Constitution of the Republic of Poland. According to it, the inherent and inalienable human dignity is a source of freedom and human and citizen's rights. One of the fundamental human right is the freedom of assembly. The possibility of using the freedom of assembly must be dictated by the need to ensure the protection of national security or public order, protection of health, public morals and rights and freedom of other people. Due to the subject matter discussed, the study focused on peaceful assemblies, which organization is guaranteed by law, on the other hand no illegal forms of protest were described - the blockades and occupation of buildings, transport routes, or prohibited strike forms. The main task of ensuring security during assemblies rests with the Police, whose fundamental duty is to facilitate the conduct of assemblies. It is important to find a balance between maintaining order and exercising the right of assembly.

scholarly journals The Right to a Prosperous Life Born and Inner: Gender Change Perspective

2021 ◽  
Vol 5 (2) ◽  
pp. 101-109
Author(s):  
Mochamad Ade Syukur NUR ALAM ◽  
Abdul Rachmad BUDIONO ◽  
Abdul MADJID ◽  
Istislam
Keyword(s):  
Human Rights ◽  
Sex Change ◽  
Human Rights Law ◽  
Analysis Technique ◽  
Pros And Cons ◽  
The Republic ◽  
The Individual ◽  
The Right ◽  
Health Care Safety ◽  
Gender Change

Gender change is the right of every citizen, but this invites pros and cons in society. Although the 1945 Constitution of the Republic of Indonesia has regulated human rights, there is no specific mention of human rights related to sex change. This study aims to determine, examine, and analyze the meaning of "the right to a prosperous life born and inner" as referred to in Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia and Article 9 paragraph (2) of the Human Rights Law, from the perspective of justice related to sex change in Indonesia. Indonesia. This research is a normative legal research with philosophical, legislative, conceptual, case and comparative approaches. The analysis technique uses descriptive, comparative, evaluative and argumentative techniques. The results of the study indicate that the meaning of the right to live in physical and spiritual prosperity in the perspective of gender change is the right to conditions in which an individual with a gender disorder gets health care, safety, and is free from all kinds of disturbances and suffering in order to develop physically, mentally, and physically. spiritual, and social so that the individual realizes his own abilities, can cope with pressure, can work productively, and is able to contribute to himself, his family, community, and society in his environment.

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 Health, migration and law: what challenges?

sui generis ◽  
2019 ◽  
pp. 174
Author(s):  
Stéphanie Dagron
Keyword(s):  
Human Rights ◽  
International Law ◽  
Access To Healthcare ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Strong Response ◽  
International Commitments ◽  
Political Commitments ◽  
The One ◽  
The Right

The reality of migration today is that a large majority of migrants in vulnerable situations either do not have access, or have only very restricted access, to healthcare. While the current importance of the migratory phenomenon and the need to provide protection to disadvantaged migrants has, in recent years, trig-gered a strong response from the international community in favour of the protec-tion of the rights of persons, either refugees or migrants, fleeing their countries of origin; the central challenge of protecting and promoting the right of migrants to health seems as difficult to as ever. This article firstly sets out the international community’s recent political commitments to protect the human rights of migrants as well as the norms of international law applicable to the protection of the health of migrants, mainly contained within international human rights law and interna-tional refugee and migrant law. It then discusses the numerous barriers at the na-tional level which block migrants, particularly in vulnerable situations, from ac-cessing care. In doing so, this article highlights the profound paradoxes between State’s international commitments on the one hand, and State practices to protect and promote migrant access to healthcare on the other.

Translation of Human Rights Law according to Local Context: A Solution to Child Marriage in Africa?

2018 ◽  
Vol 5 (1) ◽  
Author(s):  
Isabela Warioba
Keyword(s):  
Human Rights ◽  
Protective Role ◽  
The Other ◽  
Local Context ◽  
Child Marriage ◽  
Human Rights Law ◽  
Local Conditions ◽  
Minimum Age ◽  
The One ◽  
Child Brides

In Africa, despite decades of campaigns to restrict child marriage through legislation and the adoption of minimum age laws, the practice is still very common and the continent is predicted to have the largest global share of child brides by the year 2050. This begs the question whether human rights law, as it stands, is the appropriate strategy against child marriage. On the one hand, law can create an “enabling environment” and strengthen those who seek the elimination of child marriage; but, on the other hand, vigorous enforcement of such legislation may result in counter-intuitive effects, leaving the girls more vulnerable instead of the law fulfilling its protective role. This article uses a socio-legal approach to argue that the solution to child marriage might lie in a form of translation and enforcement of human rights. It makes a case for the need for human rights to be translated according to local conditions in order to deal effectively with child marriage in Africa. In this case, “translation” refers to the reinterpretation and reframing of human rights in line with specific local conditions, leading towards assimilation and acceptance while maintaining its core foundations.

scholarly journals Right to life and use of absolutely necessary force: Standards of European Court of Human Rights and situation in Serbia

2020 ◽  
Vol 62 (3) ◽  
pp. 62-86
Author(s):  
Danilo Stevandić
Keyword(s):  
Human Rights ◽  
Human Life ◽  
Democratic Society ◽  
European Convention ◽  
Constitutional Court ◽  
Right To Life ◽  
Legal Standards ◽  
European Court ◽  
The Republic ◽  
The Right

The right to life falls under the category of fundamental human rights, which are guaranteed to every person, under all circumstances and in all places. Nevertheless, the right to life is subject to certain restrictions required by reasons considered justified according to standards prevalent in a democratic society. After laying special stress on the relevant provisions set forth in the European Convention for the Protection of Human Rights and Fundamental Freedoms, the paper further tackles the basic viewpoint of the European Court of Human Rights on the Protection of the Right to Life and implementation of the "absolutely necessary force" criterion, after which it addresses the compliance of domestic law with the European legal standards in this area. The legal standard concerning absolutely necessary force means a higher degree of necessity in relation to the standard detailing on what is "necessary in a democratic society" and therefore represents the ultima ratio for achieving a legitimate goal. As a last resort intended for the protection of human life, the force has to be aimed at protecting physical integrity and thus it is proportionate to the threatening violence, i.e., clear and imminent danger to human life. The European Court of Human Rights assesses whether the force that was used is proportional to the achievement of legitimate goals and thereby absolutely necessary according to the criteria of a democratic society by applying a more stringent necessity and proportionality tests in each specific case. The legal standards of the European Court of Human Rights, especially the standards on the use of absolutely necessary force, both support and affirm the protection of the right to life and concurrently shape the practice of the Constitutional Court of Serbia. The establishment of a normative and institutional framework has created elementary prerequisites for effective protection of the right to life in the Republic of Serbia, whilst breach of its procedural obligation is the most common reason for its responsibility with respect to violations of the right to life.

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