scholarly journals Legal Protection Setting of Post-Divorce Women’s Rights: Case Study of Siri Marriage in Lombok

2017 ◽  
Vol 8 (3) ◽  
pp. 297-303
Author(s):  
Idrus Abdullah ◽  

Abstract Siri marriage, known in various terms such as under hand marriage and undocumented marriage, is a marriage based on religious rules or customs and is not recorded in the Office of Religious Affairs for Muslims or the Office of Civil Registry for non-Muslims. Factors influencing the occurrence of siri marriage are; economy, social, culture, education, and religious beliefs in the legality of siri marriage. The legal consequences of not doing registration of marriages would harm spouses or those who are married even though the marriage is performed in accordance with religion and beliefs because it is considered invalid if it has not been recorded by the Office of Religious Affairs or the Office of Civil Registry. Furthermore, children who are born in an undocumented marriage are considered illegitimate and also only have a civil relationship with mother or mother’s family (Article 42 and 43 of the Act on Marriage).

2020 ◽  
Author(s):  
Miftakhul Huda ◽  
Eko Purnomo

This study seeks to identify the basic values of humanity presented in the Indonesian language textbook used in Junior High Schools. This study used a qualitative approach, with a textbook as a case study (specifically the Indonesian language textbook for the seventh, eighth, and ninth grades). The data considered took the form of words, phrase, sentences, discourse, and pictures showing the basic values of humanity. Data was collected a questionnaire which was subsequently analyzed. First, data were firstly classified according to the taxonomy and characteristic. Then codes were assigned to the different classifications. Then referential comparison techniques were used to measure the structure of basic values of humanity in the textbooks. This was followed by the construction of a basic pattern and the validation of the data. The research identified fifteen main points, they were scientific perspective, materials concept explication, curriculum relevance, interesting, increasing motivation, stimulating students’ activities, illustrative, understandable, supporting the other subjects, respecting individual differences, stabilizing values, protecting men and women’s rights, appreciation towards achievements, supporting freedom of speech, and respecting the essence of human being. From those fifteen main points, four points need to be improved, they are: stimulating students’ activities, illustrative, protecting men and women’s rights, and supporting freedom of speech. Keywords: humanity values, textbook, Indonesian language


Author(s):  
Weriyus Heston Marbun

Legal protection for every Indonesian citizens without exception can be found in the 1945 Constitution of the Republic of Indonesia (1945 Constitution), therefore every product produced by the legislature must always be able to provide guarantees of legal protection for all people, even they must be able to capture legal and justice aspirations that develop in society. In the Civil Code article 1233 states, "that an alliance can be formed because of agreement or law". One form of the agreement is an agreement under the hands in the form of contract work agreement.           The results of the case study of PT Merim Property and CV Rira Karya can be seen the weakness of an agreement under the hands, where CV Rira Karya as the plaintiff must have concrete evidence to prove the loss that they experienced in accordance with the agreement under the hands that they agreed upon, where such evidence cannot be given CV Rira Karya so that his lawsuit was rejected by the panel of judges. The legal consequences arising related to the use of an agreement under the hands in the event of a default are that the debtor is required to pay compensation, the creditor may request the cancellation of the agreement through the court and the creditor can request the fulfillment of the agreement, or fulfillment of the agreement accompanied by compensation and cancellation of the agreement with compensation. Keywords: Analysis, Legal Protection, Agreement, Under the Hands


Graphic News ◽  
2020 ◽  
pp. 160-194
Author(s):  
Amanda Frisken

This chapter shows how, in 1895-96, women’s rights activists attempted to use sensationalism to critique the double standard in domestic violence prosecution. Lacking illustrated newspapers of their own, veteran activists including Elizabeth Cady Stanton, Susan B. Anthony, Lucy Stone, and Henry Blackwell, used the pages of the New York Recorder, World, and Journal to apply the “crime of passion” defense to the case of Maria Barbella (or Barberi), a woman tried twice for killing a man who had seduced and dishonored her. Their efforts to introduce into the daily papers a complex debate about women’s rights and the double standard in legal protection helped win the campaign for Barbella’s acquittal. It had the unintended cost of undermining women’s standing to critique honor killings by men.


2020 ◽  
Vol 8 (12) ◽  
pp. 1886
Author(s):  
Febri Jaya

Tujuan dari penulisan artikel ini adalah untuk memberikan penjelasan terkait bentuk-bentuk perlindungan hukum hak-hak pekerja perempuan pasca revisi Undang-Undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan dalam Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja. Adapun fenomena yang ada pasca pengesahan Rancangan Undang-Undang tentang Cipta Kerja oleh Dewan Perwakilan Rakyat pada tanggal 05 Oktober 2020 adalah terdapat berbagai penolakan masyarakat terhadap Omnibus Law tersebut. Salah satu alasan penolakan masyarakat yang mendorong aksi demokrasi di berbagai daerah di Indonesia. Adapun salah satu persoalan yang menjadi isu yang ditolak oleh masyarakat melalui demonstrasi tersebut adalah penghapusan hak-hak perempuan. Jenis Penelitian yang digunakan dalam menulis artikel ini adalah jenis penelitian hukum normatif. Melalui kajian normatif, Peneliti bermaksud untuk melakukan kajian perlindungan hukum bagi hak-hak pekerja perempuan pasca revisi undang-undang ketenagakerjaan dalam pengesahan Rancangan Undang-Undang Cipta Kerja. Sebagai hasil kajian, peneliti menemukan bahwa hak-hak yang menjadi obyek demonstrasi masyarakat tidak seluruhnya benar. Adapun penyebaran informasi-informasi tidak tepat secara massif dan terstruktur menyebabkan pemahaman yang keliru di masyarakat. Sehingga terjadi demonstrasi penolakan terhadap Omnibus Law yang salah satu pembahasannya adalah perlindungan pekerja perempuan dalam Klaster Ketenagakerjaan. Meskipun penegasan penegakan hak-hak perempuan seharusnya ditegaskan kembali dalam revisi undang-undang tersebut, seperti keharusan pemberian hak-hak pekerja perempuan pada Usaha Kecil dan Mikro yang cukup sering terabaikan.   The purpose of writing this article is to provide a related explanation of forms of legal protection for women workers after revision of Law Number 13 Year 2003 Concerning Employment in Law Number 11 Year 2020 About Job Creation. As for the existing phenomena after the ratification of the Draft Law on Job Creation by the government on October 5, 2020, there have been various public objections to the omnibus law. One of the reasons for the community’s refusal to encourage democratic action in the various region in Indonesia. One of the issues that became an issue that was rejected by the community through the demonstration was the elimination of women’s rights. The type of research used in writing this article is a type of normative legal research. Though a normative study, the researcher intends to conduct a study of legal protection for the rights of women workers after the revision of the labor law in the ratification of the Work Creation Regulation. As a result of the study, the researcher found that the rights that were the object of community demonstration were not entirely correct. Meanwhile, the massive and structured dissemination of inaccurate information has lead to a misunderstanding in society. So there was a demonstration against the omnibus law, one of which was discussed was the protection of women workers in the employment cluster. Although the affirmation of women’s rights should be reaffirmed in the revision of the law, such as the necessity of grant the right of women workers at Small and Micro Enterprises which is quite often neglected.


ICR Journal ◽  
2011 ◽  
Vol 3 (1) ◽  
pp. 207-213
Author(s):  
Karim Douglas Crow

This relatively brief work of 135 pages is the translation of a revision of the author’s book published in 2007, apparently written at the Centre for Islamic Legal Studies at Ahmadu Bello University (Zaria, Nigeria). Aliyu had completed his doctoral dissertation, entitled “Termination of Marriage and Its Legal Consequences under Islamic Law”, at this Centre in 1996.  


2021 ◽  
Vol 6 (2) ◽  
pp. 65-77
Author(s):  
Celina Tri Siwi Kristiyanti

Fiduciary Guarantee Law is one of the material guarantees specifically regulated in Law No. 42 of 1999 on Fiduciary Guarantees that realizes the public's need for legal certainty but guaranteed objects still have economic value.  Article 15 of Law No. 42 of 1999 concerning Fiduciary Guarantees is felt burdensome to debtors, because creditors make forced efforts to take fiduciary guarantee objects in the form of 2-wheeled and 4-wheeled vehicles. The purpose of this study is (1) Finding and analyzing the basis of the Constitutional Court's Decision No. 18/PUU-XVII/2019 (2) Finding and explaining the legal consequences of the Constitutional Court Decision No. 18/PUU-XVII/2019 on legal protection for parties to credit agreements with fiduciary guarantees (3) Finding and explaining constraints on Financial Service Institutions (LJK) in the implementation of constitutional court decision No. 18/PUU-XVII/2019.  The research method used is juridical normative and empirical with a case study approach so that achievements are more comprehensive related to the principle of legal protection for parties in fiduciary guarantees. The result obtained that since the Decision of the Constitutional Court No. 18/PUU-XVII/2019, the executive confiscation cannot be done directly by creditors must go through a court decision. The executorial confiscation in Article 15 of Law Number 42 concerning Fiduciary Guarantee has been contrary to Article 1 (3), Article 27 (1), Article 28D (1), Article 28G (1) and Article 28H (4) of the Constitution of 1945. It takes good faith from the parties so that the implementation of the Constitutional Court Decision No. 18/PUU-XVII/2019 guarantees justice, legal certainty and provides legal protection. An agreement is required in accordance with the principle of freedom of proportionate contract, there is a balance of position between the debtor and the creditor.


2019 ◽  
Vol 15 (2) ◽  
pp. 179-198 ◽  
Author(s):  
Nelia Hyndman-Rizk

AbstractAmid an enduring political deadlock in Parliament, the first civil marriage contracted in Lebanon in 2013 received significant media coverage in a country where the personal status law of eighteen recognized religious sects governs marriage. This case study examines the debate on civil marriage reform and the implications for women’s rights in Lebanon. For advocates, the recognition of civil marriage legalizes interreligious marriages, strengthens secular citizenship, shifts the jurisdiction of marriage from religious to civil law, and ensures women’s rights. Opponents, meanwhile, fear the loss of religious autonomy, the transformation of self-identification in Lebanon from sect to nation, and the destabilization of the confessional system. To date, civil marriage reform has been incremental, given clerical and social opposition, but the winds of change are blowing as couples increasingly take matters into their own hands to reform Lebanon’s system of personal status from the ground up.


2021 ◽  
Vol 17 (3) ◽  
pp. 423-448
Author(s):  
Amaney Jamal ◽  
Irfan Nooruddin

Abstract Historically Arab regimes have played critical roles in securing women’s rights in their societies. Yet regimes remain concerned about domestic, especially Islamist and traditionalist, reactions to women’s rights. When regimes feel they can overcome this resistance they honor commitments to women’s rights. When they fear more domestic opposition they renege. This article argues that Arab regimes are less likely to resist domestic opposition to women’s rights when US military presence increases in the region. The authors test the argument using cross-national data including an original expert-coder scale of Islamist power, and estimate an instrumental variable model to allay concerns of endogeneity. A case study of Jordan explicates their causal argument. The results are robust to different measures of Islamist strength and to different estimation techniques. Understanding this unintended consequence of US military deployments to the Arab world is important for future analysis of female empowerment in the Arab world.


Author(s):  
Shane Doyle

This chapter examines why Buganda and Buhaya's population crisis was regarded by European observers as resulting much more from sub-fertility rather than excess mortality. The perception that urbanization, the cash economy, Christianity, and the legal protection of women's rights discouraged the young from marrying and undermined sexual restraint provoked a series of interventions aimed at reforming marriage, gender relations, and sexual behaviour, and so curbing syphilis, the presumed cause of these societies' low birth rates and high miscarriage and stillbirth rates. These reforms though were marked by ambiguity and inconsistency, tending to undermine the institutions that they aimed to support. The chapter also analyses the contrasting experience of Ankole, where the chiefly hierarchy was relatively successful in its attempt to stabilize marriage and maximize fertility.


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