Politik Hukum Putusan MK No. 46/PUU-VIII/2010 Tentang Status Anak di Luar Nikah: Upaya Membongkar Positivisme Hukum Menuju Perlindungan HAM

Asnawi, Habib Shulton

doi:10.31078/jk1023

Cited by 3 publications

(2 citation statements)

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“…Moreover, it is against the child protection law, because marriages it is considered as an underage marriage. This is referred to in the research conducted by Habib Shulton Asnawi, who explained that underage marriages will significantly impact both parties (Asnawi 2013).…”

Section: The Rejection Of the Application For Child Marriage Dispensa...mentioning

confidence: 96%

Harmonization of Islam and human rights: judges’ legal arguments in rejecting child marriage dispensation in Sukadana, Indonesia

Nawawi

Sulastri

Edi

et al. 2022

Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan

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This article analyzes the rejection of an application for child marriage dispensation at the Sukadana Religious Court, Indonesia. Normatively, building a family and preserving the lineage are human rights, but the judges reject the application for the marriage dispensation. This normative research used observation, interviews, and documentation to collect data. In rejecting the marriage dispensation, the Religious Court judges used two arguments: normative (fiqh rules) and juridical (regulations related to human rights). The legal arguments integrate Islamic values (benefits and avoiding disgrace) with human rights principles. They seek to protect the petitioners' human rights, especially children's rights. From the finding above, the researchers suggest that there is no conflict between Islam and human rights. Both harmonize in their value of protecting the citizens. This study has implications for the increased unregistered marriages that do not have legality.

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Section: The Rejection Of the Application For Child Marriage Dispensa...mentioning

confidence: 96%

Harmonization of Islam and human rights: judges’ legal arguments in rejecting child marriage dispensation in Sukadana, Indonesia

Nawawi

Sulastri

Edi

et al. 2022

Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan

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“…[2] Security of youngsters' freedoms has been specified in the 1979 Kids' Statement which was subsequently embraced by the UN as the Show on the Privileges of the Kid (CRC) in 1989 in Geneva and has been confirmed, endorsed, or endorsed by 192 nations. [3] The adoption of the convention has brought about an unwavering determination to place children's rights, their survival, protection, and development at the top of the priority list. [4] In Indonesia, the overall improvement to zero in on and further foster adolescents' opportunities has been communicated in the third change to the 1945 Constitution of the Republic of Indonesia.…”

Section: Introductionmentioning

confidence: 99%

Legal Protection of Street Children Reviewed from the Aspect of Human Rights in the Field of Education

Mugiati,

Runtu

2023

Proceedings of the 3rd Multidisciplinary International Conference, MIC 2023, 28 October 2023, Jakarta, Indonesia

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In RI Regulation no. 23 of 2002 likewise makes sense of in article 21 that the state and government are obliged and capable to regard and ensure the common freedoms of kids without qualification of nationality, religion, race, class, orientation, identity, culture and language, the lawful status of youngsters, birth request of kids, and physical and additionally state of mind. This regulation is the reason for the public authority to secure and engage the country's kids, including street children who lack their rights as children. This research is included in qualitative research with a sociological juridical approach. It aims to look at legal phenomena from the perspective of existing regulations and law enforcement norms, social effects, and the social aspects behind them. Children's educational rights are governed by a number of national laws and regulations. It is found in Article 28 C Section (1), and Article 28 E of the 1945 Constitution of the Republic of Indonesia. Also, in Article 9 Area (1) of Guideline Number 23 of 2002 concerning Youngster Confirmation (UUPA), it is expressed each youngster has the option to get training and educating to foster his character and level of knowledge through his inclinations and abilities.

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Decision of Constitutional Court on the Rights of the Child Out of Wedlock

Kusumo¹,

Jaelani²,

Kusumastuti³

2021

Advances in Social Science, Education and Humanities Research

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The status of children in Indonesia has been regulated in various laws and regulations. In marriage law, it is defined that a legitimate child is a child born from or in a legal marriage. However, after the issuance of the Constitutional Court's decision on the status of children out of wedlock, a debate arose among legal academics and practitioners of Islamic law in Indonesia. This debate is quite challenging and does not clear up the problem. This article aims to discuss the status of children out of wedlock after the issuance of the Constitutional Court. This article is a literature study, and the data were collected by investigating regulations and decisions regarding the status of children. This article argues that the constitutional court's decision establishes a new norm, which revises the rule of article 43 in the marriage law. According to the constitutional court's decision, children born out of wedlock have a civil relationship not only from the mother's line but also from the father's line on the condition that they can be proven biologically and scientifically.

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Politik Hukum Putusan MK No. 46/PUU-VIII/2010 Tentang Status Anak di Luar Nikah: Upaya Membongkar Positivisme Hukum Menuju Perlindungan HAM

Cited by 3 publications

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Harmonization of Islam and human rights: judges’ legal arguments in rejecting child marriage dispensation in Sukadana, Indonesia

Harmonization of Islam and human rights: judges’ legal arguments in rejecting child marriage dispensation in Sukadana, Indonesia

Legal Protection of Street Children Reviewed from the Aspect of Human Rights in the Field of Education

Decision of Constitutional Court on the Rights of the Child Out of Wedlock

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