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Human Rights Thought: Between Islamic Law and The Universal Declaration of Human Rights Deviana Yuanitasari; Hazar Kusmayanti
Asian Journal of Law and Humanity Vol. 1 No. 1 (2021): October - February
Publisher : Faculty of Sharia, State Islamic University KH. Abdurrahman Wahid Pekalongan, Central Java, Indonesia

The issue of human rights among Muslim countries is nothing new. Islamic Shari'a which is universal explains a lot of basic principles regarding equality of human rights and freedoms, even when the Prophet Muhammad declared the Medina Charter. The history of the enactment of Islamic law among Muslim communities has shifted from a vertical normativity point to a horizontal one. This is because the development of the enactment of Islamic law has also been influenced by socio-cultural dynamics and legal politics in Islamic society itself. Islam has first taught mankind about the concept of egalitarianism, universalism and democracy. This beautiful and comprehensive concept is allegedly adopted by the West through the emergence of universal ideas which are standardized in the Universal Declaration of Human Rights convention. Islam is an ash-Syumul religion. Islamic teachings cover all aspects of human life. Islam provides regulations and demands on humans, ranging from the smallest affairs to large-scale affairs. And of course, it includes rules and high respect for human rights (HAM). However, it is not in one structured document but is spread out in the holy verses of the Koran and the Sunnah of the Prophet Muhammad.

Differential Association Theory Overview Against Children of Criminal Acts of Terrorism Apriliani Kusumawati
Asian Journal of Law and Humanity Vol. 1 No. 1 (2021): October - February
Publisher : Faculty of Sharia, State Islamic University KH. Abdurrahman Wahid Pekalongan, Central Java, Indonesia

This paper examines children as perpetrators of criminal acts of terrorism and efforts to protect children's rights through a criminological policy approach with focus on the principles and norms of criminal law on the rights of children who are perpetrators of terrorism crimes. This normative juridical research uses a statutory, conceptual, philosophical and case approach. The analysis technique uses prescriptive analysis with logic and legal reasoning. The results of the study show that the involvement of children as perpetrators in criminal acts of terrorism is in line with the Differential Association Theory which states that criminal behavior is a learned behavior. In addition, the cause of children becoming perpetrators of acts of terrorism can also be explained through Motivation Theory. There are 2 (two) kinds of motivation, namely intrinsic motivation (internal) and extrinsic motivation (external). Efforts to protect children's human rights as perpetrators of criminal acts of terrorism through the Criminal Policy approach can be carried out with 2 (two) approaches, namely the Penal Policy or efforts to overcome crimes with criminal law and Non-Penal Policies or efforts to overcome crimes outside the criminal law.

Constitutional Rights of Woman Commercial Sex Workers in Bending Sari Pekalongan Bunga Desyana Pratami
Asian Journal of Law and Humanity Vol. 1 No. 1 (2021): October - February
Publisher : Faculty of Sharia, State Islamic University KH. Abdurrahman Wahid Pekalongan, Central Java, Indonesia

This paper analyzes the fulfillment of the constitutional rights of women commercial sex workers and the responsibility of the State in fulfilling the constitutional rights of women commercial sex workers in Bendan Sari, Pekalongan City. This empirical juridical research uses a qualitative approach. Collecting data using observation, interviews and literature study. The analysis uses an interactive model. The results show that the constitutional rights of women commercial sex workers in Bending Sari have not been fully fulfilled. For example, the right to a decent life, the right to health care and the right not to be discriminated against. This is due to the local government's rejection of their existence as Commercial Sex Workers, so they do not get the space and opportunity to fight for their rights. The responsibility of the state, in this case is the Pekalongan City government to fulfill the constitutional rights of Women Commercial Sex Workers in Bendan Sari carried out by prevention and guidance to them through social services by providing training and business capital. The aim is that the female commercial sex workers who have been trained have the skills and willingness not to return to work as sex workers, so that they can continue to live a better, decent and healthy life. In addition, to protect the rights of citizens, in this case the community in the vicinity of the Bendan Sari prostitution area.

Conception of the Contents of the Medina Charter and the 1945 Constitution: The Right to Freedom of Religion Rifky Mohammad Ramdany
Asian Journal of Law and Humanity Vol. 1 No. 1 (2021): October - February
Publisher : Faculty of Sharia, State Islamic University KH. Abdurrahman Wahid Pekalongan, Central Java, Indonesia

The right to freedom of religion is a right that must be regulated and guaranteed by the state as a fundamental and universal human right inherent in human beings. This study aims to analyze the differences in the regulation of the right to religious freedom in the Medina Charter and the 1945 Constitution of the Republic of Indonesia and their application. This normative juridical research uses a legal and conceptual approach. The results of the study indicate that both the Medina Charter and the 1945 Constitution of the Republic of Indonesia have contained provisions regarding the right to freedom of religion, but there are fundamental differences between the two, namely in terms of the difference in regulation between religion and belief. The 1945 Constitution of the Republic of Indonesia stipulates that there are differences between religion and belief, while in the Medina Charter there is no different arrangement between religion and belief. The 1945 Constitution of the Republic of Indonesia only regulates rights, while obligations are not regulated and must be carried out according to their respective beliefs. The conception of differences in regulation between religion and belief in the 1945 Constitution of the Republic of Indonesia can be an opportunity to cause religious conflict in Indonesia.

Legal Protection Against The Exploitation of Child Labor in Indonesia Siti Maymanatun Nisa
Asian Journal of Law and Humanity Vol. 1 No. 1 (2021): October - February
Publisher : Faculty of Sharia, State Islamic University KH. Abdurrahman Wahid Pekalongan, Central Java, Indonesia

This paper discusses the causes and impacts of exploitation of child labour in Indonesia, protection and legal sanctions for perpetrators of exploitation of child labour in Indonesia. This normative juridical research uses a statutory, conceptual and case approach. The analysis technique uses prescriptive analysis with logic and legal reasoning. The results of the study indicate that the cause of child labour exploitation is poverty; low education of parents and children; social environment; and culture. The impacts of child labour exploitation include: a) not having time to play b) children's growth and development, poor physical and mental health of children c) low self-esteem; d) Vulnerable to discriminatory treatment and work accidents; e) vulnerable to acts of violence, exploitation and abuse. Legal protection for exploited children is carried out by 1) disseminating relevant laws and regulations; 2) monitoring, reporting, and providing witnesses, and; 3) involvement of companies, trade unions, non-governmental organizations, and the community. Sanctions against the exploitation of child labour are a form of government concern for the protection of children's rights which aim to achieve justice, legal certainty and benefit for children. The provisions for these sanctions are regulated in Law Number 35 of 2014 concerning Child Protection.

From Discrimination Towards The Justice Of Law (A Study Of Marriage Registration For Adherent Of Belief) asian journal of law and humanity; Syarifa Khasna
Asian Journal of Law and Humanity Vol. 1 No. 1 (2021): October - February
Publisher : Faculty of Sharia, State Islamic University KH. Abdurrahman Wahid Pekalongan, Central Java, Indonesia

The existence of adherents of belief in Indonesia is still discriminated against regarding their legal standing in the front of the State, especially regarding the issue of marriage registration. Adherents of belief are not included in the religion recognized by the state so that it is difficult to register their marriages. This is important to discuss because marriage registration will affect the marital legal standing and is related to the state'sobligation to provide justice and equal rights. This article discusses the legal justice of marriage registration for adherents of belief using the normative juridical method. The results of the study indicate that although the state has regulated the procedure for registering marriages for adherents of belief, there are still many adherents of belief who experience problems in registering marriages because not all religious organizations are registered. This is phenomenon are deemed not in line with the implementation of the 1945 Constitution which guarantees the constitutional rights of adherents of belief, including the registration of marriages.

Legal Protection Of Children With Special Needs In The Era Covid-19 According To Islamic law Perspective Mhd Yadi Harahap; Hafsah; Mashuri Siregar Hall; M. Fajri Syahroni Siregar
Asian Journal of Law and Humanity Vol. 2 No. 1 (2022): March - September
Publisher : Faculty of Sharia, State Islamic University KH. Abdurrahman Wahid Pekalongan, Central Java, Indonesia

This paper analyzes the legal protection of children with special needs during the COVID-19 pandemic. This legal sociology research uses a qualitative approach. The research location is in Medan, North Sumatra province. The results show that the legal protection of children with special needs in Medan City, North Sumatra province related to education, rehabilitation, and social assistance is still not fulfilled even though there are regional regulations in the province of North Sumatra. This is due to inadequate facilities and infrastructure that hinder the fulfillment of these rights. This is contrary to Islamic law, where children's rights must be guaranteed, protected, and fulfilled by maqashid al-syari'ah, namely the maintenance of offspring. It also contradicts Article 5 paragraph (1) of Law Number 8 of 2016 concerning Persons with Disabilities, that persons with disabilities have the same rights in life and livelihood.

Between Conservatization and Modernization of Human Rights: A Study of MU's Fatwa on Ahmadiyah Zainul Mun'im
Asian Journal of Law and Humanity Vol. 2 No. 1 (2022): March - September
Publisher : Faculty of Sharia, State Islamic University KH. Abdurrahman Wahid Pekalongan, Central Java, Indonesia

Indonesian Council of â€˜Ulama (MUI) has been issuing fatwas since its establishment in 1975. Among all the fatwas, there is the fatwa on Ahmadiyah group that aims to keep the orthodoxy of Sunni away from deviant theology. This study aims to examine the role of MUI in its fatwa on Ahmadiyah from the perspective of Islamic law and human rights. This research is qualitative research with a pattern of normative research through an in-depth study of the arguments of MUI. This fatwa on the Ahmadiyah group is based on two arguments. The first argument is Islamic law based on the Quran, hadith, and ijmaâ€™ concerning the exegesis and opinion of classical scholars. The second argument is the restrictions on human rights by arguing that the Ahmadiyah group can be a threat to public order. MUI assumes that every group or theology that is declared as â€œdeviantâ€ and incompatible with Quran, hadith, and ijmaâ€˜ is considered as a threat to public order. In other words, MUI still makes the classic literature as a reference for his fatwas, but at the same time, he tries to understand the public order as the principles of human rights. This position shows that MUI has a dual role, namely as the agent of modernization and conservatism in human rights discourse.

Implementation Of Social Protection Policy Through Program Keluarga Harapan ( PKH) In Rural Society Ade Ayu Murti Asih; Saif Askari; Trianah Sofiani
Asian Journal of Law and Humanity Vol. 2 No. 1 (2022): March - September
Publisher : Faculty of Sharia, State Islamic University KH. Abdurrahman Wahid Pekalongan, Central Java, Indonesia

This paper analyzes about the implementation of the PKH program and the factors that influence the implementation of the program. This policy evaluation research uses a qualitative approach. Data obtained by observation, interviews, and documentation. The selection of informants used a purposive technique and was developed using the snowball method. The analysis technique uses an interactive model. The results of the study show that the implementation of PKH in North Wanarejan village is in accordance with the Regulation of the Minister of Social Affairs of the Republic of Indonesia Number 1 of 2018 concerning PKH. Supporting factors in the implementation of PKH include: 1) the enthusiasm of the residents in responding to the Program; 2) the presence of PKH recipients participating in activities; 3) active recipients of PKH assistance in implementing the program; 4) PKH recipients are easy to accept suggestions and directions from PKH facilitators. Meanwhile, the inhibiting factors in the implementation of PKH include: 1) the community does not understand the regulations related to the PKH mechanism; 2) the data received by the PKH facilitator is direct data from the central government, so the data is different from the facts on the ground; 3) The names of PKH participants who are not entitled to receive assistance cannot be exchanged, replaced or added. This fact contradicts the Regulation of the Minister of Social Affairs No. 1 of 2018 concerning PKH.

Enforcement of Norms of Women's Representation in The Regional House of Representatives of Pekalongan Regency, Period 2019-2024 Eni Purwanti; Teti Hadiati
Asian Journal of Law and Humanity Vol. 2 No. 1 (2022): March - September
Publisher : Faculty of Sharia, State Islamic University KH. Abdurrahman Wahid Pekalongan, Central Java, Indonesia

Regulations that are more practical in nature regarding women's political rights are stated in the Law of the Republic of Indonesia Number 7 of 2017 concerning General Elections. In this law, all forms of women's representation must meet the 30% figure, both for women's representation in KPU membership, in the management of political parties at the central level, as well as candidates for members of DPR, Provincial DPRD, and Regency/Municipal DPRD. With this reference, it is clear that the Indonesian constitution recognizes women's rights in politics. However, in reality the number of women in the Pekalongan Regency DPRD has not reached 30%. The purpose of this study was to determine the effectiveness of the implementation of Law Number 7 of 2017 concerning General Elections in the DPRD of Pekalongan Regency.

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Reviewer

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Contact Name
Alamul Yaqin

Contact Email
alamul.yaqin@uingusdur.ac.id

Phone
+62895636970297

Journal Mail Official
ajlh@uingusdur.ac.id

Editorial Address
Jl. Pahlawan Rowolaku, Kec. Kajen, Pekalongan, Jawa Tengah, Indonesia. PO.BOX 51161

Location
Kota pekalongan,

Jawa tengah

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Alamul Yaqin

Contact Email alamul.yaqin@uingusdur.ac.id

Phone +62895636970297

Journal Mail Official ajlh@uingusdur.ac.id

Editorial Address Jl. Pahlawan Rowolaku, Kec. Kajen, Pekalongan, Jawa Tengah, Indonesia. PO.BOX 51161

Location Kota pekalongan, Jawa tengah INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Alamul Yaqin

Contact Email
alamul.yaqin@uingusdur.ac.id

Phone
+62895636970297

Journal Mail Official
ajlh@uingusdur.ac.id

Editorial Address
Jl. Pahlawan Rowolaku, Kec. Kajen, Pekalongan, Jawa Tengah, Indonesia. PO.BOX 51161

Location
Kota pekalongan,

Jawa tengah

INDONESIA