M. Hajir Susanto
Faculty of Law, Universitas Ahmad Dahlan, Indonesia

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Islamic triangle concept of marital age: Indonesian experience Fauzan Muhammadi; Eva Wulandari; M. Hajir Susanto
Legality : Jurnal Ilmiah Hukum Vol. 29 No. 2 (2021): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v29i2.14162

Abstract

Marriage is a sacred act that no one will doubt. The sacredness of marriage does not mean that every person could be married. There are legal competencies in Islam that every person should be aware of before doing any legal acts. Islamic law sets two indicators of legal age; both are bālig and rusydan. Indonesia has determined the age of 19 to be a formal legal age of Indonesian people for their marriage. Finding the connection between the two indicators and concluded age is worth studying. The article aims to correlate Islamic legal competence with the marriage readiness and triangle analysis of legal age marriage based on Indonesia's factual issues. The article was described and analyzed qualitatively and based on the normative legal review. The review found out that ahliyyatul adā` al-kāmilah is the appropriate phase-in doing all legal activities, including marriage. The concluded age of 19 by the Indonesian government is well-measured when it was analyzed through the three parallel concepts: maslahah, ra’iyyatul imam manūtun bil maslahah, and sadd al-zarī’ah, all of which allow valuable considerations based on actual problematic issues of underage marriage.
Certification of fisheries human rights and its impact to protecting the rights of fishing vessel crew Muhammad Nur; M. Hajir Susanto
Legality : Jurnal Ilmiah Hukum Vol. 29 No. 1 (2021): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v29i1.14652

Abstract

The crew of fishing vessels is human beings, the absolute owners of human rights that have been universally recognized. To anticipate and overcome many human rights violations in the Indonesian seas, the Government, through the Ministry of Marine Affairs and Fisheries issued a Regulation of the Minister of Marine Affairs and Fisheries Number 35 of 2015 concerning Fisheries Human Rights Systems and Certification. This research further describes how the provisions of the fisheries' human rights certification and analyzes their impact on protecting human rights for fishing vessel crews in Indonesia. The author uses a normative juridical research method by examining library materials or other secondary materials. The data collection method used is a literature study. The tools used are documents in the form of primary, secondary, and non-legal legal materials. The data obtained were analyzed qualitatively and then presented descriptively. This study found that there are various forms of human rights violations against fishing boat crews. Ministry of Marine Affairs and Fisheries then enforces regulation to prevent human rights violations by business actors against fishing vessel crews. There are several weaknesses in regulations and implementations, namely weaknesses in wage system arrangements, limited regulatory targets, the involvement of workers and employers' representatives in the fisheries human rights team that is not clear, weaknesses of the coordinating system for fisheries human rights teams with supervisors employment, weaknesses of fisheries human rights assessment institutions, weaknesses of socialization for employers and workers. The author suggests that it is necessary to strengthen the coordination and cooperation system between ministries in implementing Fisheries Human Rights Regulations. It also needs to improve communication and dissemination of policies and regulations to stakeholders.