Asian Journal of Law and Humanity

Fulfilling the Rights to Accessibility of Persons with Disabilities in Pemalang State Court Legal Services

2024-02-05T15:57:52+07:00

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

2024-02-05T16:26:51+07:00

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

2024-02-05T20:45:57+07:00

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

2024-02-05T20:59:17+07:00

The Law of the Republic of Indonesia Number 27 of 2022 Concerning Personal Data Protection contains provisions regarding the privacy data of children and persons with disabilities that are specifically regulated. The rules regarding the protection of personal data are important, especially in light of the rapid development of technology. The existence of Personal Data Protection 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 study falls under the category of normative-juridical research, which employs prescriptive methods such as 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 and 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's and persons with 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's and persons with disabilities' data. Unfortunately, the Personal Data Protection Law does not regulate the "special" process in question. Furthermore, there is no definite age standard regarding the classification of children in the Personal Data Protection Law. The Personal Data Protection Law, which regulates the privacy of children and persons with disabilities, is not in accordance with the theory of legal protection and the theory of legal certainty.

Legal Certainty Holders of Child Rights are not Mumayyiz Post-Divorce after Their Mother Married in Indonesia

2024-02-05T21:19:52+07:00

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

2024-02-05T22:27:26+07:00

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.