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All Journal Jurnal Scientia Indonesia Seminar Nasional Hukum Universitas Negeri Semarang Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal
Huda, Muhammad Wahyu Saiful
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Religion Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Quo Vadis Pendidikan di Masa Pandemi: Menyoal Tanggung Jawab Negara terhadap Hak atas Pendidikan Peserta Didik: Quo Vadis Education in a Pandemic Period: Questioning the State's Responsibility for the Right to Education of Students Huda, Muhammad Wahyu Saiful; Hidayat, Arif
Seminar Nasional Hukum Universitas Negeri Semarang Vol. 7 No. 1 (2021): Seminar Nasional Jaminan Perlindungan Hak Konstitusional dan Implementasinya di
Publisher : Fakultas Hukum Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snhunnes.v7i1.711

Abstract

The covid-19 pandemic affected various aspects of life, one of which was education. Education is one of the most basic human rights that humans have. In the constitution chapter 28 c verse (1), chapter 28 e verse (1) and chapter 31 the constitution of the republic of Indonesia of 1945 have clearly guaranteed the right of education for Indonesian people. Thus, governments are required to implement what is embodied in the constitution during the pandemic. This paper aims to examine the role of governments toward responsibility for the constitutional rights of education during the pandemic. The study was conducted using a juridicum-normative-research method. As a result, Indonesia's education rate declined because of lack of understanding and lack of access to state-provided facilities. This has caused a variety of controversy. On the part of the learner, there are difficulties and pressures on the assignments given by the teacher. It was concluded that the government in this case did not meet the constitution to satisfy the right to pandemic education. Governments are not quick to deal with this issue. But to build a country with adequate human resources and compete internationally, education is a major factor.
Quo Vadis Perlindungan Kekerasan Seksual: Urgensi RUU PKS Sebagai Perlindungan Korban Kekerasan Seksual Huda, Muhammad Wahyu Saiful; Izza, Rizqiya Lailatul
Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal Vol 2 No 2 (2022): IPMHI Law Journal, July-December 2022
Publisher : Universitas Negeri Semarang in collaboration with Ikatan Penulis Mahasiswa Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ipmhi.v2i2.54874

Abstract

It has been two years since the corona virus pandemic has swept the world. A pandemic that affects every aspect of life, as a result the government is required to provide security to its people. Various programs are implemented to reduce the spread of Covid-19. But the problems this pandemic has created have also led to crime. More specifically, sexual violence. The increase in cases of sexual violence every year is increasingly worrying. The government, at the Preamble to the 1945 Constitution, must protect its people, including sexual violence. Sexual violence is a physical act that injures the honor of the perpetrator and is related to sex. Sexual violence takes many forms, but Indonesian law only covers rape and obscenity. Indonesian law now cannot protect the people as a whole, it is necessary to reform the law on sexual violence. To answer the problem of sexual violence in Indonesia, Komnas Perempuan submitted a draft law on the elimination of sexual violence. The purpose of the Draft Law on the Elimination of Sexual Violence is to provide protection, treatment and restore the condition of victims. The hope of the Draft Law on the Elimination of Sexual Violence is the realization of environmental conditions without any acts of sexual violence. The journey so that the Draft Law on the Elimination of Sexual Violence becomes ratified requires assistance, because of the many misinterpretations of the existing articles. As well as protecting the transfer of the original purpose of the Draft Law on the Elimination of Sexual Violence.
Contribution of Islamic Law to the Draft Law on the Elimination of Sexual Violence Huda, Muhammad Wahyu Saiful; Astrovanapoe, Syahlila Umaya
Jurnal Scientia Indonesia Vol 7, No 2 (2021): October 2021
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jsi.v7i2.36147

Abstract

Cases of sexual violence are like an iceberg. Whereas human rights in the constitution have been contained, and mandated protection for the people of Indonesia. Especially with the Covid-19 pandemic, cases of sexual violence in Indonesia have increased drastically. In Indonesia's positive law has also contained love and obscenity. However, this still does not cover all the problems or types of sexual violence that occur. To cover all aspects of violence, Komnas Perempuan formed a bill on the Elimination of Violence. This bill is expected to examine the existing laws in Indonesia so far. Assessing that the majority of the Indonesian population is Muslim. So, the contents of the bill must not conflict with Islamic law. The research method used is normative juridical. With data sourced from literature on the internet. The PKS Bill is very urgent to ensure the safety of victims and other weak people who have the potential to become victims of sexual violence. However, this bill contains elements of sexual violence in the domestic sphere where a husband who forces him to have sex will be threatened with a crime. It should be noted, this coercion on what basis. The reason why the wife according to Islamic law must be clear according to the rules. During menstruation or when you are sick, it is permissible to refuse.
Co-Authors Arif Hidayat Astrovanapoe, Syahlila Umaya Izza, Rizqiya Lailatul