scholarly journals Marriage Function as Protection Rights Against Wife and Children Right in Polygamous Marriage

Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 277
Author(s):  
Muhammad Madih ◽  
Munsharif Abdul Chalim
Keyword(s):  
Data Analysis ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Remedies ◽  
Polygamous Marriage ◽  
Marriage Contract ◽  
The Right ◽  
Husband And Wife ◽  
Laws And Regulations

Marriage is a bond between man and woman which is also the religion of Islam is a way of worship, that in the community there is monogamy: one husband and one wife, but there are also polygamous marriage is one man with more than one wife with their applicable laws and regulations for implementation. The purpose of this study was to: 1) To determine the function of the marriage covenant can provide legal protection of the rights wife and children in polygamous marriages. 2) To determine the right of wife and children in polygamous marriages. 3) To know the legal remedies can be done to determine the rights of wives and children in polygamous marriages. Based on the results of data analysis concluded that: 1) The function of the marriage contract may provide legal protection of the rights of the wife and children in polygamous marriages as a certainty or limitation of rights received by his wife and children during the marriage took place and as a measure for husbands to act fairly in polygamous marriages , 2) The position of the right wife and children in polygamous marriages, namely the right wife by the husband proportionate balanced well after their second marriage and so are the rights of children still get their right in accordance with the provisions of the Act. 3) Remedies that can be done to determine the right istir and children in polygamous marriages with authentic mating agreements made governing the boundary between the rights and obligations of husband and wife in a polygamous marriage.Keywords: Marriage; Polygamy; Marriages Agreement; Wife and Children's Rights.

scholarly journals Perlindungan Hukum TerhadapAnak Dalam Keluarga Poligami: Pespektif Hukum Positif Indonesia

2020 ◽  
Vol 1 (1) ◽  
pp. 1-18
Author(s):  
Kasmawati Saleh ◽  
Hambali Thalib ◽  
Ma'ruf Hafidz
Keyword(s):  
Direct Contact ◽  
Government Regulation ◽  
Islamic Law ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Marriage Law ◽  
Normative Approach ◽  
Polygamous Marriage ◽  
The Right

Penelitian bertujuan untuk untuk mendeskripsikan kedudukan anak dalam perkawinan poligami, dan untuk mendeskripsikan perlindungan hukum hak anak dalam keluarga poligami. Tipe penelitian ini adalah normatif, Pendekatan yang digunakan dalam penelitian ini adalah pendekatan perundang-undangan dan dan pendekata konseptual, kemudian dilakukan analisis deskripsi, argumentasi, interpretasi dan sistematisasi. Hasil Penelitian penulis mendapatkan bahwa: Kedudukan anak dalam perkawinan poligami berdasarkan hukum islam adalah melekatnya hak radla yakni hak anak untuk mendapatkan pelayanan, hak hadlanah yakni hak anak untuk diasuh serta didik sejak bayi, hak walayah yakni hak perwakilan yang diberikan sampai anak tumbuh dewasa balig, hak nafkah yakni hak berhubungan langsung dengan kedua orangtua (nasab). Sedangkan menurut undang-undang perkawinan adalah kedua orang tua wajib memelihara dan mendidik anak-anak mereka sebaik-baiknya, kawajiban yang dimaksud disini, berlaku sampai anak itu kawin atau dapat berdiri sendiri. Didalam Peraturan Perundang-Undangan di Indonesia pemberian perlindungan hak anak dalam izin poligami belum diatur secara khusus, namun ada beberapa pasal yang terkait dengan perlindungan hak anak dalam izin poligami diantaranya, Pasal 55 Ayat 2 sampai Ayat 3 Kompilasi Hukum Islam. Undang-Undang Nomor 1 Tahun 1974 tentang perkawinan Pasal 4 dan 5 dan Peraturan Pemerintah Nomor 10 Tahun 1983 juga membahas mengenai poligami. The study aims to: describe the position of a child in a polygamous marriage, and to describe the legal protection of children in polygamous families. This type of research is a normative approach used in this study is the approach of legislation and and pendekata conceptual, then analysis the description, argumentation, interpretation and systematization. Results The study authors found that: The position of the child in a polygamous marriage under the laws of Islam are sticking right radla the child's right to get the service, right hadlanah the rights of children to be raised as well as students from infancy, the right Walayah the rights of representation granted until the child grows up puberty, rights or the right living in direct contact with both parents (nasab). Meanwhile, according to marriage law is both parents are obliged to maintain and educate their children as well as possible, our obligations in question here, valid until the child is married or can stand alone. In Regulation Legislation in Indonesia providing protection of children's rights in the permission for polygamy is not specifically regulated, but there are several articles related to the protection of children's rights in the permission for polygamy among others, Article 55 Paragraph 2 to Article 3 Compilation of Islamic Law. Act No. 1 of 1974 on the marriage of Articles 4 and 5 and Government Regulation No. 10 of 1983 also talked about polygamy.

scholarly journals Study at home in covid-19 pandemic as a legal protection to children's rights in Indonesia

2020 ◽  
Vol 28 (2) ◽  
Author(s):  
Ratri Novi Erdianti
Keyword(s):  
Online Learning ◽  
Child Protection ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
The World ◽  
Survival And Development ◽  
Learning Policies ◽  
The Right ◽  
At Home

The implementation of online learning systems in the pandemic period of COVID-19 caused problems related to learning methods that require adequate facilities and not all students have them. In addition, the community also feels less than optimal for students, especially elementary school children who find it hard to accept learning through online, this is also because there is more work to replace the material students can use. The purpose of this paper is to see that the study at home policy is an appropriate step according to the guarantee of legal protection mandated by Law no. 35 of 2014 concerning Amendment of Law No. 23 of 2002 concerning the Protection of children to continue to carry out the learning process so that the world of education is not paralyzed due to the problem of the spread of covid 19. The purpose of this study is to examine the study at home policy as a guarantee of legal protection mandated by Law no. 35 of 2014 concerning Amendment to the Law no. 23 of 2002 concerning child protection. The method used in this study is the normative method. The results of the study show that online learning policies are the best solution and are in line with the principles of legal protection of children's rights in Indonesia, especially regarding the right to be safe from danger and to be kept away from diseases as well as the right to survival and development.

JUVENILE JUSTICE SYSTEM THROUGH DIVERSION AND RESTORATIVE JUSTICE POLICY

2017 ◽  
Vol 2 (1) ◽  
pp. 168
Author(s):  
Dyah Listyarini
Keyword(s):  
Restorative Justice ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
The Law ◽  
The Right

Indonesia as a state of law has ratified several international human rights instruments, especially the Convention on the Rights of the Child, in which the state should ensure the protection, respect, fulfillment, promotion, and enforcement of children's rights. In fact, many children have been treated unjustly in the fulfillment of their rights when conflicting with the law.  Methods of legal protection of the rights of children conflicting with the law are based on the provision that “every child has the right to survive, grow and develop as well as the right to protection from violence and discrimination”. Other ways to protect children’s rights may also include the policy that children conflicting with the law should be treated humanely in accordance with their dignity and rights; special personnel should be provided for their companion and counseling; sanctions should be appropriated for the best interests of the children; and special facilities and infrastructure for children should be equally provided. This means that appropriate sanctions should hence be supported through the process of resolving cases using the principle of “diverse and restorative justice  The concept of diverse and restorative justice can be applied to the crime of under 7th-year punishments and non-repeated crime. Methods for handling children who have conflicts with the law have hitherto emphasized on normative juridical processes such as investigation, prosecution, and examination of the case by the judge (in court). The processes, however, have not guidelines or technical manuals for law enforcement officers to implement the non-litigation settlement for children cases

scholarly journals PERLINDUNGAN HUKUM TERHADAP HAK-HAK ANAK ATAS PENDIDIKAN PADA MASA PANDEMI COVID-19 [The Legal Protection of Children's Right to Education during the Covid-19 Pandemic]

Law Review ◽  
2021 ◽  
pp. 323
Author(s):  
Cynthia Phillo ◽  
Hessa Arteja ◽  
M Faiz Rizqi
Keyword(s):  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Right To Education ◽  
Legal Method ◽  
The Future ◽  
The Law ◽  
The Government ◽  
The Right ◽  
Bahasa Indonesia

<p><em>Children as the forerunners of the successor to the future Indonesia nation make children individuals who become priorities in holding the right to education. The law itself has governed the rights that a child must have, including the right to get a proper education. Due to the COVID-19 Pandemic, the government finds it difficult in providing legal protection for a proper education rights of children. By using normative legal method, this paper will explain how the legal protection of children’s rights  over education during the COVID-19 Pandemic that’s happening and how the government’s role is in fulfilling childern’s rights in getitng an education.</em></p><p><strong>Bahasa Indonesia Abstrak: </strong>Anak sebagai cikal bakal penerus bangsa Indonesia menjadikan anak sebagai individu yang menjadi prioritas dalam memegang hak pendidikan. Undang-undang sendiri telah mengatur tentang hak-hak yang harus diteirma oleh anak, termasuk hak dalam pendidikan. Karena Pandemi COVID-19 yang terjadi, menambah kesulitan bagi pemerintah untuk memberikan perilundungan hukum bagi hak anak atas pendidikan. Dengan menggunakan penelitian hukum normatif, tulisan ini akan menjelaskan bagaimana perlindungan hukum hak anak atas pendidikan pada masa Pandemi COVID-19 yang sedang tejadi dan bagaimana peran negara dalam memenuhi hak anak dalam mendapat pendidikan.</p>

scholarly journals Perlindungan Hak Anak Dalam Perkawinan Poligami Di Indonesia

2017 ◽  
Vol 9 (2) ◽  
pp. 73
Author(s):  
Nurul Aini
Keyword(s):  
Child Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Conceptual Approach ◽  
Indonesian Government ◽  
Polygamous Marriage ◽  
The Family ◽  
The Government ◽  
The Relationship ◽  
Husband And Wife

<p>The problem of polygamy is actually not only related to the relationship between husband and wife, but also concerns how children can still develop their potential. Some children's problems do not entirely become the responsibility of the family, but also the government. The purpose of this study is to describe the protection of children in polygamous marriage according to Muhammad Syahrur viewed from the perspective of Law No. 23 of 2002 concerning Child Protection. This research belongs to normative juridical research using statute approach and conceptual approach. The results showed based on the hudûd theory of Muhammad Syahrur that Shahrur's thoughts on polygamy were in line with what the Indonesian government was trying to maintain and protect children's rights even though in the different forms. In addition, according to the researcher, it needs to be added regarding the cumulative requirements contained in Law No. 1 Number 1974 concerning Marriage as contained in Article 2 letter b and d of Law No. 23 of 2002 concerning Child Protection as a condition for a husband to apply for polygamy.</p>Problematika poligami sebenarnya bukan terkait hubungan antara suami dan istri saja, tetapi juga menyangkut bagaimana anak tetap bisa mengembangkan potensinya. Sebagian persoalan anak memang tidak sepenuhnya menjadi tanggung jawab keluarga, tetapi juga pemerintah. Tujuan penelitian ini adalah untuk mendeskripsikan perlindungan anak dalam perkawinan poligami menurut Muhammad Syahrur ditinjau dari perspektif UU No. 23 Tahun 2002 tentang Perlindungan Anak. Penelitian ini tergolong penelitian yuridis normatif dengan menggunakan <em>statute approach</em> dan <em>conceptual approach</em>. Hasil penelitian menunjukkan berdasarkan teori <em>hudûd</em> Muhammad Syahrur bahwa pemikiran Syahrur tentang poligami tersebut sejalan dengan apa yang diupayakan pemerintah Indonesia untuk memelihara dan melindungi hak-hak anak meskipun dari bentuk dan perwujudannya berbeda. Selain itu, menurut peneliti perlu ditambahkan terkait persyaratan kumulatif yang terdapat dalam UU No. 1 Tahun 1974 tentang Perkawinan sebagaimana yang terdapat dalam Pasal 2 huruf b dan d UU No. 23 Tahun 2002 tentang Perlindungan Anak sebagai syarat seorang suami akan mengajukan permohonan poligami.

scholarly journals Perlindungan Hukum terhadap Anak dalam Terjadinya Perceraian

2020 ◽  
Vol 1 (2) ◽  
pp. 47-50
Author(s):  
Gede Andi Wiradharma ◽  
I Nyoman Putu Budiartha ◽  
I Ketut Sukadana
Keyword(s):  
Child Protection ◽  
Child Custody ◽  
Married Couple ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Differences Of Opinion ◽  
The Law ◽  
To Receive ◽  
Husband And Wife

Marriage is a thing that unites two individuals into one through a religious and legal ceremony. After the wedding ceremony takes place, the two individuals are married-couple. In undergoing marriage, a lot of things must be passed, so the husband and wife will have differences of opinion. The differences of opinion sometimes cause husband and wife to experience conflict which will usually lead to a fight that often ends to divorce. This research was conducted with the aim of describing how the regulation of child custody rights according to the law in Indonesia and how the legal protection of children's rights due to divorce. This research was designed using a normative legal research method. The results of this study showed that the regulation of child custody according to the law in Indonesia is regulated in Law Number 35 of 2014 concerning Child Protection and also mentions children's rights and obligations. In this law, child protection takes precedence. In addition, legal protection for children's rights due to divorce is also guaranteed where children are still entitled to receive rights from their parents such as getting an education, a decent place to live, feel secure, and get health insurance.

scholarly journals Anak dan Kejahatan (Faktor Penyebab dan Perlindungan Hukum)

Jurnal Selat ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 225-234
Author(s):  
Ria Juliana ◽  
Ridwan Arifin
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Children's Rights ◽  
The State ◽  
Children’S Rights ◽  
Applicable Law ◽  
Rights Of The Child ◽  
The Law ◽  
The Right ◽  
Rule Out

The State of Indonesia has never been separated from existing regulations, given that the State of Indonesia is a rule of law and all actions taken refer to the applicable law. The problem of a law lies in the procedure for the application of the law and the implementation of the law, in legal protection for children in Indonesia, both victims and perpetrators have the right to be protected, for this reason a rule of law has been set against the child’s own misconduct applicable. Problematics of arrest and detention and punishment of crimes committed by children enactment of article 43 of Act No. 3 of 1997 which explains that child detainees are basically still in effect the provisions of the Criminal Procedure Code (KUHAP) are the loss of children's rights and protection against applicable law. The development of the rights of the child is a public concern because at this time child perseverance has spread and the application of the law continues to apply to that the rights of children must also be considered to see that children's rights must also be fought for. Above everything discussed above that neglected the rights of children and their protection was due to the lack of attention from parents and families and a small part of this resulted from an environment that was not good for the character of the child himself. To create high peace and stability then the basis of the change is parents. Improvements made to the guidance of children that are carried out fundamentally with love and love, it does not rule out the possibility of child delinquency or criminal acts that are done less, other things if the child is allowed to grow without attention then does not rule out the greater the crime that will be committed.

scholarly journals Protection of Children in Child Learning During the Covid-19 Pandemic Indonesia

2021 ◽  
Vol 3 (2) ◽  
pp. 58-71
Author(s):  
Meydora Cahya Nugrahenti ◽  
Hindina Maulida
Keyword(s):  
Online Learning ◽  
Legal Protection ◽  
Children's Rights ◽  
Learning Systems ◽  
Children’S Rights ◽  
Face To Face ◽  
Legal Provisions ◽  
Face To Face Learning ◽  
The Right ◽  
Child Learning

The Covid-19 pandemic has changed the implementation of face-to-face learning in schools (offline) to online. These changes make children unable to learn optimally due to various obstacles. This condition also affects the development and psychology of children. Data shows that the number of violence against children since the Covid-19 pandemic has tended to increase. On the other hand, children have the right to get protection and to grow properly in the context of education. The purpose of this study was to determine legal protection for children by analyzing legal provisions in Indonesia in protecting children's rights in online learning systems. The research method used is juridical normative with data sources obtained from primary, secondary, and tertiary sources. The data that has been collected is then presented in a structured and logical manner and analyzed descriptively. The results of the study found that legal protection instruments for children's rights in online learning systems already exist but their implementation has not been optimal. Socialization to prioritize children's growth and development rights in providing children's education rights during the Covid-19 pandemic must be more actively voiced to all Education Offices, heads of education units, educators, students, and parents of students.

scholarly journals Perlindungan Hukum terhadap Anak Sebagai Pelaku Tindak Pidana dari Perspektif Kemerdekaan Pers

2021 ◽  
Vol 2 (2) ◽  
pp. 233-237
Author(s):  
Kadek Mahadewi ◽  
I Wayan Rideng ◽  
Ida Ayu Putu Widiati
Keyword(s):  
Child Protection ◽  
Negative Impact ◽  
Code Of Ethics ◽  
Legal Protection ◽  
Children's Rights ◽  
Criminal Code ◽  
Children’S Rights ◽  
Press Freedom ◽  
The Press ◽  
Negative Impacts

Legal protection  for children  who consider  the law  is one important  aspect  that must  be considered   by all parties  to avoid  negative  impacts felt  by children  and children.   This  research  has  two problemformulations,     namely:   1) How  is legal protection   against  children  as  a  crime?  2)  What  are  the  implications   of press freedom which violates children's  rights as a crime? The method  used is nonnative legal  research.   The  implementation    of  press  freedom    in  reporting   is  not   in accordance   with  the  regulations   regarding  child  protection   and  the journalistic code of ethics because  efforts  are still being made  by the press  in reporting  about children  as a crime  whose identity  is published  in both print and electronic  media so that  it has a negative  impact  both physically.   and psychologically   to children. This requires  accountability  from the press  and sanctions  given  to the press  who violate children's  rights are regulated  in the Criminal  Code.

scholarly journals PERLINDUNGAN HUKUM TERHADAP ANAK DALAM PERSPEKTIF HAK ASASI MANUSIA

2018 ◽  
Vol 4 (1) ◽  
pp. 141
Author(s):  
Muhammad Fachri Said
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Research Method ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Research ◽  
Descriptive Research ◽  
The Common ◽  
The Government

This study aims to analyze the problem of legal protection for children in the perspective of human rights. The type of this research is socio-juridical or including descriptive research with a non-doctrinal approach, which views law as a socio-empirical symptom observed in experience. The research method used is descriptive research with the type of incorporation of normative legal research with sociological legal research related to the implementation of legal protection for children in the perspective of human rights. The results of the study show that the results of this study are the legal protection of children in the perspective of human rights in essence is an effort made by parents, government and society to fulfill and guarantee all children's rights that have been guaranteed in the convention of children's rights and laws Number 35 of 2014 concerning Child Protection. Legal protection for children in the perspective of human rights is less implemented because the government has not implemented its obligations in fulfilling children's rights so that there are still legal violations of children. The recommendation of this research is to implement legal protection for children in the perspective of human rights, parents should be fully responsible for the behavior of children and the government establishes policies that are in line with the wishes of the community, so that the common perception between parents, government and society is realized in fulfilling the rights child.

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