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Fulfillment of Workers' Rights in The Terminating Employment Relationships During The Covid-19 Pandemic Rita Rahmawati; Nurul Qomariyah; 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 the fulfillment of workers' rights in Termination of Employment Relationship during the Covid 19 Pandemic at PT Sukorintek and legal remedies that can be taken to fulfill workers' rights.This empirical juridical research uses a qualitative approach. Data collection techniques using interviews and documentation studies. The analysis technique uses an interactive model. The results showed that, Fulfilling workers' rights in Termination of Employment Relationship during the Covid 19 Pandemic at PT. Sukorintex Indah Textile is not in accordance with the provisions of the labor laws and regulations. PT. Sukorintex only provides severance pay to workers as much as 0.40 (40%) of the amount that should be received by workers. Whereas according to the labor laws and regulations, workers who are laid off due to force majeure which do not cause the company to close as in the case of PT Sukorintek are entitled to severance pay of 0.75 (zero point seventy five) times of service; 1 (one) time service award in accordance with the period of service and compensation for other entitlements in accordance with the period of service. Legal remedies that can be taken in the case of PT. Sukorintex, among others: using non-litigation, namely bipartite negotiations, mediation, and conciliation or using litigation, namely through the Industrial Relations Court at the District Court in the legal area where the worker/laborer works.

Effectiveness of Batang Regional Regulation Number 4 of 2015 Concerning Eradication of Prostitution in Prostitution Localization Area of Karangasem Village, Batang District Erni Atna; Uswatun Khasanah
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 study aims to determine the effectiveness of Regional Regulation Number 4 of 2015 concerning the Eradication of Prostitution in Batang Regency and to find out the legal consequences. The case raised in this study is a localization case that occurred in Karangasem Village, Batang Regency. Prostitution is an activity that violates religious norms and state regulations, this is because it has a negative impact on oneself and many people. Cases of prostitution are still rife in Batang Regency even though Batang Regency is a place where religious values and culture of decency are highly guarded. This is what makes the Batang district government act to tackle, eradicate, bring order and close these dirty businesses. Due to the existence of the prostitution place, it has violated several regional regulations, namely Regional Regulation No. 4 of 2015 concerning the Eradication of Prostitution. The existence of these regional regulations reflects that the local government is committed to eradicating prostitution but indeed enforcement is still minimal, judging by the fact that there are still many stalls or places that are used as prostitution practices. This type of research is empirical juridical with a statutory research approach. Sources of data in this study are primary data and secondary data obtained through observation, interviews, and documentation. While the analysis technique used by the author is a qualitative analysis technique. The results of the research on public legal awareness of the negative impact of prostitution are very low. The legal consequences of the lack of maximum legal awareness of the community towards the negative impact of prostitution are the rampant practice of prostitution, the failure of the laws made to tackle prostitution cases. It would be better if the local government to the village government made regular education so that the suppression of the number of prostitution decreases.

Fulfilling the Rights to Accessibility of Persons with Disabilities in Pemalang State Court Legal Services Enggal Aflah Syafiqoti; Tet Hediati
Asian Journal of Law and Humanity Vol. 2 No. 2 (2022): In Press
Publisher : Faculty of Sharia, State Islamic University KH. Abdurrahman Wahid Pekalongan, Central Java, Indonesia

Human rights are rights that exist in every human being. These rights are obtained by every human being or can be called equal to one another. Persons with Disabilities have the same Human Rights as society in general. One of them is the Rights of Persons with Disabilities in the Pemalang District Court because the Pemalang District Court is a community service which is certainly the center of attention for every community. So the purpose of this study is to find out the implementation of the fulfillment of Accessibility Rights for Persons with Disabilities in the District Court based on existing regulations and Constitutional Rights. So that this research is expected to make public awareness more open to persons with disabilities and for the government to pay more attention. This study uses empirical juridical research methods with a qualitative approach that uses interactive analysis techniques to analyze the problems that exist in this study. The data used are primary data obtained from interviews and direct observation at the research location, as well as secondary data obtained from written reports and documents obtained from the literature. The results of this study indicate that the implementation of the fulfillment of Accessibility Rights for Persons with Disabilities at the Pemalang District Court is not in accordance with Constitutional Rights and regulations that have been made by the government. At the Pemalang District Court there are still some that have not been fulfilled in terms of physical and non-physical accessibility. And in reality, there are still many in our own society who view people with one-sided disabilities who cannot work and cannot do other positive things like society in general. So that many of their lives are deprived because they are hampered in terms of mobility. In the Regional Government itself, there are also those who have not made specific regulations regarding the rights of Persons with Disabilities. Which regulations must be made in each region to support the survival of Persons with Disabilities.

Exploitation of Child Rights in Islamic Family Law Perspective Sri Asmita; Muhammad Abdillah; Ifrohati; Lusiana; Hana Pertiwi
Asian Journal of Law and Humanity Vol. 2 No. 2 (2022): In Press
Publisher : Faculty of Sharia, State Islamic University KH. Abdurrahman Wahid Pekalongan, Central Java, Indonesia

Exploitation of children has changed the perspective and morality of humans towards criminal law, at the same time government policies have made a clear regulation on the enforcement of legal protection for children who are victims of exploitation. The study is based on the argument that there is no law enforcement on the practice of child exploitation so that exploitation continues to occur continuously. This study applies a literature study approach and policy review and various data sourced both online and offline which will later be able to provide an objective picture of how child exploitation is in law from the perspective of Islamic family law. As has been found in previous research on punishment for perpetrators of child exploitation, it has ignored the justice of children victims of exploitation by their parents, close people and community agencies. Law enforcement cannot guarantee absolute rights for children autonomously, this is due to many considerations so that legal protection for child victims of exploitation is very difficult to enforce. Thus, a discussion is needed to provide legal protection for child victims of exploitation with the perspective of Islamic family law

Establishment of a Supervisory Institution as Effort Fulfillment of Children's Rights Due To Divorce Ummu Salamah; Tahir Luth; Rachmi Sulistyarini; Dhiana Puspitawati
Asian Journal of Law and Humanity Vol. 2 No. 2 (2022): In Press
Publisher : Faculty of Sharia, State Islamic University KH. Abdurrahman Wahid Pekalongan, Central Java, Indonesia

The responsibility of parents towards fulfilling children's rights must still be carried out even though both parents have divorced. In the Constitutional Marriage it is explained that a father is responsible for all the rights to life for his children, but often the father is negligent in fulfilling his obligations even though there has been a judge's decision in court. Basically in court, actually the implementation of a request in fulfilling the child's maintenance rights can be done if the father is negligent, but the implementation is not easy. This study will examine what are the juridical obstacles to fulfilling children's rights as a result of divorce and how to fulfill children's livelihood rights in the future. The purpose of this study is to describe efforts to fulfill children's livelihood rights as a result of divorce. This research is a normative legal research with a literature study approach, a case approach, and a comparison of efforts to fulfill children's rights to a just life. The results of the research in this description are that it is very necessary to have a supervisory institution that will oversee the level of compliance of fathers in fulfilling their children's right to life due to divorce.

Legal Formulation Policy on the Privacy Protection of Children and Persons with Disabilities in Indonesia Nabella Maharani Novanta; Bunga Desyana Pratami
Asian Journal of Law and Humanity Vol. 2 No. 2 (2022): In Press
Publisher : Faculty of Sharia, State Islamic University KH. Abdurrahman Wahid Pekalongan, Central Java, Indonesia

Law of the Republic of Indonesia Number 27 of 2022 Concerning Personal Data Protection (UU PDP) contains provisions regarding the privacy data of children and persons with disabilities which are specifically regulated. The rules regarding the protection of personal data are important, especially related to the development of technology which is growing very fast. The existence of the PDP Law must be motivated by the purpose of law as a tool to integrate and coordinate various interests in society by regulating the protection and limitations of these various interests. This paper is included in the type of normative juridical research with a prescriptive method using logic and legal reasoning. Using a statutory, philosophical, and conceptual approach, this study will examine the existing privacy regulations for children and persons with disabilities with the principles of protection and ideal rules regarding the privacy of children and persons with disabilities in the future. The results of the study show that there are still weaknesses in the protection of children and disabilities data, all data on children and persons with disabilities tends to be at risk of being misused because there is still a legal vacuum regarding technical rules for protecting children and disabilities data. Unfortunately, the PDP Law does not regulate the 'special' process in question. Furthermore, there is no definite age standard regarding the classification of children in the PDP Law. The PDP Law which regulates the privacy of children and persons with disabilities is not in accordance with the theory of legal protection.

Legal Certainty Holders of Child Rights are not Mumayyiz Post-Divorce after Their Mother Married in Indonesia Delbi Ari Putra
Asian Journal of Law and Humanity Vol. 2 No. 2 (2022): In Press
Publisher : Faculty of Sharia, State Islamic University KH. Abdurrahman Wahid Pekalongan, Central Java, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v2i2.7014

The provisions of Article 105 letter (a) of the Compilation of Islamic Law (KHI) state the mother's right to maintain a child who is not yet mumayyiz or under 12 years of age. However, the regulations do not state explicitly whether the mother's custody rights remain or transfer to another party when the mother remarries another man. This paper aims to examine the custody of children who are not yet mumayyiz after the mother re-marries in a normative juridical manner using a descriptive approach. The results of the study concluded that the mother as the holder of child custody has not been mumayyiz after her divorce, but still has the right to continue parenting rights. With note, her marriage to another man did not cause any negligence and she was still able to carry out her obligations and responsibilities to care for, nurture, and educate her. If the best interests of the child can no longer be realized and cause disputes related to child care and to obtain legal certainty, then through a court process, custody rights can be transferred to other parties which consist sequentially of the biological father, adoptive parents who get a court decision, the child's family. in a straight line upwards and adult siblings, their guardians who have received a stipulation from the court and the competent authority.

Perpetrators of Abortion Due to Rape in a Human Rights Perspective Fahrur Razi; Riska Nur Hasanah; Rosy Kusuma Dewi
Asian Journal of Law and Humanity Vol. 2 No. 2 (2022): In Press
Publisher : Faculty of Sharia, State Islamic University KH. Abdurrahman Wahid Pekalongan, Central Java, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v2i2.7015

This study examines the perpetrators of abortion as a result of rape in a review of Islamic law. The formulation of the problem in this study is how the perpetrators of abortion as a result of rape in view of Islamic law. The method used in this research is a qualitative research approach with a descriptive research type. The discussion in this research is in the form of the process of human creation in Islam, the law of women as perpetrators of abortion due to rape in the perspective of the Koran, Hadith, and the perspective of the scholars. This research resulted in the conclusion that abortion should not be done because it is the same as killing a human being. However, on the other hand and in certain circumstances, by adhering to Islamic law through a review of maqashidu al- shari'ah, which has the concept of obtaining benefits and avoiding harm, abortions carried out by women victims of rape can be legally permitted. law, if it does not have the opportunity to endanger the life of the woman.

Fulfillment of the Rights of Single Parent Male Children and the Legal Consequences of Hadhanah in West Tegal District Evita Mardhotilah; Siti Maymanatun Nisa
Asian Journal of Law and Humanity Vol 3 No 2 (2023)
Publisher : Fakultas Syariah Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Caring for and educating children must be done well by both parents, as long as the child is not mumayyiz or unable to take care of himself, even though his parents are divorced. This is a step for parents to guide and protect children so that a child is not neglected and their body, mind and religion are maintained. Parenting carried out by single male parents in West Tegal District is not easy, so it requires a second party to care for and educate children. The aim of this research is to analyze the fulfillment of the rights of single parent male children in West Tegal District and analyze the consequences of the hadhanah law for single male parents in West Tegal District. This research method uses empirical juridical with a legal sociology approach. The results of the research show that the fulfillment of the rights of children of single male parents in West Tegal District for some single male parents in fulfilling their children's rights after divorce is still not fulfilled. This is due to parents' obstacles in fulfilling their children's rights due to negligence, parents' economic limitations, lack of awareness of this matter, and parents' low education. The consequence of the hadhanah law for single male parents after divorce in West Tegal District is that the maintenance of children who have not yet mumayyiz falls on the mother. However, if a mother has died or is unable to care for and educate her child, then the right to care for the child falls to the father. The costs of maintaining the child are borne by the father. If parents or guardians neglect their responsibilities intentionally, then at the request of the relative concerned, the Religious Court can transfer the hadhanah rights to another relative who also has hadhanah rights. Then the legal consequences of carrying out Radha'ah in accordance with the provisions of Islamic law, giving rise to mahram because of the milk.

State Responsibility in the Case of Forest Fires in Central Kalimantan as the Embodiment of a Welfare-Legal State Tyas Arganing Dini; Trianah Sofiani; Eky Fallah Septiani
Asian Journal of Law and Humanity Vol 3 No 2 (2023)
Publisher : Fakultas Syariah Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar

This research was motivated by the forest fires in Central Kalimantan which were getting worse. The losses experienced by local communities as a result of forest fires have brought the concept of state responsibility into question again. This research aims to find out whether there is neglect of forest fires which causes constitutional rights to have an impact on citizens. As a state, welfare law has not been realized because there is neglect and lack of fulfillment of constitutional rights from the state. Therefore, this research discusses the state's responsibility for forest fires in Central Kalimantan as an embodiment of a welfare state. The aim of this research is to analyze why the state ignored the forest fires in Central Kalimantan and to analyze the implications for the constitutional rights of citizens regarding the state ignoring the forest fires in Central Kalimantan.This research method is normative juridical research using a statutory approach and a conceptual approach. with the type of technique for collecting legal materials with documentation studies with an inventory of statutory regulations. The legal material analysis technique uses prescriptive analysis.The results of the research show that responsibility for forest fires in Indonesia, especially in Central Kalimantan, has been regulated in the 1945 Constitution, but there is still a disregard for the human rights of citizens which results in the community's constitutional rights not being fulfilled and the government not being optimal or weak, which causes forest fires to continue to occur. -continuously. Implications for the constitutional rights of citizens due to neglect by the state in forest fires in Central Kalimantan, the occurrence of forest fires in Central Kalimantan has resulted in the community's constitutional rights not being fulfilled and the absence of laws and regulations that regulate it, so this provides a gap for parties or individuals -certain individuals to carry out arson, as well as overlapping institutions dealing with forest fires in Central Kalimantan.

Home Page

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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

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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

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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