Implications of Legal Positivism of the Promotion  of Children's Rights on National Law

Tyesta, Lita; Saraswati, Retno; Arif, Faisal

doi:10.14505/jarle.v11.2(48).36

Cited by 8 publications

(7 citation statements)

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“…The father is responsible for all the maintenance and education costs required by the child, if in fact the father cannot provide this obligation, the court can determine that the mother will share the costs. Article 149(d) Compilation of Islamic Law, stated that if the marriage is broken because of divorce, then the exhusband is required to provide child custody fees for his children who have not reached the age of 21 years old 12,13,14 . According to Law Number 1 of 1974 and the Compilation of Islamic Law, parental divorce does not eliminate the obligation of parents to care for and educate their children.…”

Section: Child Rights On Shared Assets As Results Ofmentioning

confidence: 99%

Socio-Legal Updates of Children’s Rights on the Protection and Shared Assets in Divorce Cases in Indonesian Family Law

Muhyidin

2021

MLU

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The focus of this research study is the law on the distribution of joint assets and child custody as a result of divorce against husbands and wives who work based on justice value. Article 97 Compilation of Islamic Law which determines that widows of divorced widows get a half share of the joint property. This is inseparable from the provisions of Article 31 and Article 34 of Law Number 1 of 1974 concerning Marriage. This study uses normative juridical method, sociological juridical method, and comparative juridical research method; and using decision data and interviews with judges of the religious courts, using critical paradigms and using inductive qualitative analysis. The results of the study were that the judge had begun to make legal discoveries. Factors that influence the ruling of the religious courts that do not bring about justice are substantial, structural, and cultural factors. The current division of shared assets and the rights of child ownership as a result of divorce is not yet fair, meaning that the construction of the distribution of shared assets and child rights as a result of divorce is currently granted by The reconstruction of the legal value of the distribution of shared assets due to divorce is carried out casually based on its contribution by taking into account the benefit and well-being of the company.

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Section: Child Rights On Shared Assets As Results Ofmentioning

confidence: 99%

Socio-Legal Updates of Children’s Rights on the Protection and Shared Assets in Divorce Cases in Indonesian Family Law

Muhyidin

2021

MLU

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“…Theoretical paradigm of positivism and legalism sees law as a separated characteristic that they call closed logical system. Legal positivism as the role model in law gives no considerations to dialogic and empathic approaches (Tyesta et al, 2020).…”

Section: Literature Reviewmentioning

confidence: 99%

Sentencing of Minor Offences in Indonesia: Policy, Practice and Reform

Susilowati¹

2021

Int. J. Criminol. Sociol.

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This paper seeks to evaluate minor offenses in the Criminal Code in Indonesia. So far, the value limit for determining minor offenses in Indonesia is increasingly irrelevant to the value of the currency due to inflation. It will cause a gap in criminal law in dealing with changes. As the result, police will do unfair and non-humanistic law implementation. The objective of this study is to identify the importance of revising the lower limit of minor offenses in the Criminal Code in Indonesia. The study used a socio-legal method on the contextualization of Indonesian Criminal Codes related to the categorization of minor offense regulation in Government Regulation No. 2 of 2012 and in Penal Code, by utilizing a humanitarian perspective in law enforcement, especially by police who still charge some minor offenses with 5 years imprisonment. The results confirmed that some changes have been made related to this matter as the Indonesian Supreme Court has made some regulations, such as No. 2 of 2012 on adjustment in minor offense law. This means that all criminals doing minor offenses cannot behold as prisoners in the investigation or prosecution process. The main contribution of this study is to construct a perspective of legal and regulatory issues to emphasize a fair of justice in dealing with minor offenses with a model of humanistic law enforcement. The result is expected to practically contribute and recommend the importance of constructing fairness of justice principle in law enforcement in particular and of revising minor offense sentencing in general.

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“…4 of 1997 concerning Disabled Persons, is no longer in accordance with the paradigm of the needs of persons with disabilities so that it is revoked and replaced with Law No. 8 of 2016 concerning Persons with Disabilities, to realize the equal rights and opportunities for persons with disabilities towards a prosperous, independent, and non-discriminatory life 24,25 . In the framework of implementing the respect, protection and fulfillment of the rights of persons with disabilities, a National Disability Commission (KND) was established as an independent non-structural institution (Article 131).…”

Section: Legal Protection For Persons With Disabilitiesmentioning

confidence: 99%

International Human Rights Instruments and Indonesian Legal Protection For Persons With Disabilities

2020

IJFMT

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Persons with disabilities as Indonesian citizens, in fact have the same position, rights and obligations as other Indonesian citizens. This is guaranteed in the Indonesian Constitution. This study aims to discuss about how the legal protection for persons with disabilities in Indonesia. The juridical normative research method uses a statute approach and conceptual approach, and then the data is processed and analyzed qualitatively. Legal protection for persons with disabilities is the responsibility of the state. Indonesia has ratified the Convention on the Rights of Persons with Disabilities, which was followed up with the revocation of Law no. 4 of 1997 concerning Disabled Persons, then enactment of Law No. 8 of 2016 concerning Persons with Disabilities, which prioritizes the issue of human rights. Persons with disabilities are seen as subjects whose rights must be protected for the sake of their dignity. For the enforcement mechanism, the National Disability Commission was formed based on Presidential Regulation No. 68 of 2020, but the substance is not in accordance with the human rights and independent principles because it is attached to the Ministry of Social Affairs which should be the object of its supervision. Therefore the President must immediately revise it in accordance with the mandate of Law No. 8 of 2016.

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Implications of Legal Positivism of the Promotion of Children's Rights on National Law

Cited by 8 publications

References 0 publications

Socio-Legal Updates of Children’s Rights on the Protection and Shared Assets in Divorce Cases in Indonesian Family Law

Socio-Legal Updates of Children’s Rights on the Protection and Shared Assets in Divorce Cases in Indonesian Family Law

Sentencing of Minor Offences in Indonesia: Policy, Practice and Reform

International Human Rights Instruments and Indonesian Legal Protection For Persons With Disabilities

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