Contemporary Issues on Interfaith Law and Society最新文献_第2页

Indonesian Legal Compliance with International Human Rights Law on Female Genital Mutilation 印度尼西亚法律遵守国际人权法关于切割女性生殖器官的规定

Contemporary Issues on Interfaith Law and Society Pub Date : 2023-07-31 DOI: 10.15294/ciils.v2i2.69252

Nurul Fazrie Fitriani, Elvita Trisnawati

{"title":"Indonesian Legal Compliance with International Human Rights Law on Female Genital Mutilation","authors":"Nurul Fazrie Fitriani, Elvita Trisnawati","doi":"10.15294/ciils.v2i2.69252","DOIUrl":"https://doi.org/10.15294/ciils.v2i2.69252","url":null,"abstract":"The absence of a law that strictly prohibits female genital mutilation in Indonesia has increased the number of women and girls victimized by this practice. While some communities may justify female genital mutilation as a religious practice, there is no religious justification for this, and neither is Islam, the dominant religion in Indonesia. The United Nations has defined female genital mutilation as a harmful practice that can cause physical and psychological harm to women and girls. Moreover, it is also closely linked with violations of the right to freedom of religion or belief. This qualitative research uses a normative approach by analyzing Indonesian laws related to female genital mutilation and its compatibility with international human rights legal obligations. This research describes Indonesia's role in preventing, addressing, and protecting women and girls who have undergone female genital mutilation. The results show that Indonesian laws on female genital mutilation do not comply with international human rights laws, which prohibit all types of female genital mutilation practices. This research suggests that the Indonesian government should take all measures to eliminate the practice of female genital mutilation through legal action, creating binding and gender-perspective regulations and policies. Eliminating female genital mutilation will contribute to achieving gender equality and women's empowerment in Indonesia, as the country's commitment to the Sustainable Development Goals.","PeriodicalId":112685,"journal":{"name":"Contemporary Issues on Interfaith Law and Society","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114695288","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

A Discourse of Capital Punishment in the Islamic Law and Human Rights Law 论伊斯兰法与人权法中的死刑

Contemporary Issues on Interfaith Law and Society Pub Date : 2023-01-31 DOI: 10.15294/ciils.v2i1.66291

Muhammad Eko Saputro, Andhika Febriansyah, Faradisya Diandra Putri

{"title":"A Discourse of Capital Punishment in the Islamic Law and Human Rights Law","authors":"Muhammad Eko Saputro, Andhika Febriansyah, Faradisya Diandra Putri","doi":"10.15294/ciils.v2i1.66291","DOIUrl":"https://doi.org/10.15294/ciils.v2i1.66291","url":null,"abstract":"The death penalty for convicts is an age-old subject to a lot of criticism from various quarters. The implementation of the death penalty is considered inconsistent with the principles of human rights which are principles of international law where countries cannot refuse because of common alignments, namely the right to life. The punishment of m ati raises pros and cons in Indonesian society, some agree with this punishment because the death penalty intends to protect the public interest and not a few oppose it, they argue that the death penalty is contrary to human rights principles. This fact encourages the author to examine the implementation of the death penalty based on human rights and Islamic law, this is because the majority of Indonesians are adherents of the Islamic religion and also because the implementation of the death penalty is still carried out in Indonesia in certain crime cases. To examine this conflict, the author uses a normative juridical method with the conclusion that the death penalty is contrary to human rights because it eliminates the right to life for a person, but the implementation of the death penalty can be justified if the implementation of the death penalty is carried out in order to protect human rights and is also imposed on convicts who commit crimes beyond the limits stipulated in the legislation.","PeriodicalId":112685,"journal":{"name":"Contemporary Issues on Interfaith Law and Society","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121084716","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Granting Inheritance to Extramarital Children in the Perspective of Islamic Law 从伊斯兰教法的角度看婚外子女的继承权

Contemporary Issues on Interfaith Law and Society Pub Date : 2023-01-31 DOI: 10.15294/ciils.v2i1.66343

Adlian Aldita Alif Aisyah Ainur Khoyum, Bertha Amilia, Candra Hafidz Ardana

引用次数: 0

Discourse on Post-Divorce Distribution of Joint Assets in the Perspective of Islamic Law in Indonesia 论印尼伊斯兰教法视角下的离婚后共同财产分配

Contemporary Issues on Interfaith Law and Society Pub Date : 2023-01-31 DOI: 10.15294/ciils.v2i1.66295

Zainurohmah Zainurohmah, Marcelia Puspa Andini, A. Damayanti

{"title":"Discourse on Post-Divorce Distribution of Joint Assets in the Perspective of Islamic Law in Indonesia","authors":"Zainurohmah Zainurohmah, Marcelia Puspa Andini, A. Damayanti","doi":"10.15294/ciils.v2i1.66295","DOIUrl":"https://doi.org/10.15294/ciils.v2i1.66295","url":null,"abstract":"Marriage is an inner birth bond between a man and a woman as a husband and wife with one with a noble purpose. Although basically the marriage is expected to run smoothly but in unexpected situations and conditions, the marriage can also end in divorce. One of the problems that must be resolved after the married couple divorces is the problem related to the division of common property. Indonesia is a country where most of its citizens convert to Islam so knowledge related to how to regulate common property in marriage according to Islamic Law is important to discuss. This study aims to examine property in marriage with the perspective of Islamic Law. This type of research is normative juridical research with a statutory approach. The results showed that joint property according to Islamic law is that there is property obtained either singly or with the husband and wife during the marriage bond. According to the Compilation of Islamic Law, the division of common property in the event of a divorce, be it a dead divorce or a living divorce, the spouse is entitled to obtain half of the amount of common property as long as it is not otherwise specified in the marriage agreement.","PeriodicalId":112685,"journal":{"name":"Contemporary Issues on Interfaith Law and Society","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132889397","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

A Comparative Study of Blasphemy Law in Indonesia and America: Religious and Legal Aspects 印尼和美国亵渎法的比较研究:宗教和法律方面

Contemporary Issues on Interfaith Law and Society Pub Date : 2023-01-31 DOI: 10.15294/ciils.v2i1.59064

Febrianti Dwi Puspaningrum, Christoper Theovino Adhi

{"title":"A Comparative Study of Blasphemy Law in Indonesia and America: Religious and Legal Aspects","authors":"Febrianti Dwi Puspaningrum, Christoper Theovino Adhi","doi":"10.15294/ciils.v2i1.59064","DOIUrl":"https://doi.org/10.15294/ciils.v2i1.59064","url":null,"abstract":"Article 29 of the 1945 Constitution states that the state is based on the One Godhead and the state guarantees the independence of each resident to embrace their own religion and to worship according to their religion and beliefs. The United States guarantees the freedom of worship and practice of religion for every citizen. This is stated in the first amendment to the United States Constitution which reads, \"Congress does not make laws regarding the formation of a religion or prohibit freedom of religion; or restrict freedom of speech, or freedom of the press, or the right to peaceful assembly, and the right to petition for demanded compensation and lodged a complaint with the government.\" Based on the constitutions of the two countries, it is clear that freedom of religion and the right to embrace religion are protected by the state and everyone is obliged to respect the beliefs held. Although constitutionally freedom of religion has been regulated by each country, the potential for criminal acts of blasphemy still exists. The policies of two different countries are influenced by the government system adopted by Indonesia using the Criminal Code as a basis for punishment for perpetrators of blasphemy, while the United States does not federally regulate blasphemy, but states are given the authority to provide protection for their citizens by making legal products that impose penalties for blasphemy.","PeriodicalId":112685,"journal":{"name":"Contemporary Issues on Interfaith Law and Society","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114190860","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Reconstruction of Sharia Tourism in the New Normal Era Through the Implementation of the Halal Tourism Concept in Indonesia 通过清真旅游理念在印尼的实施，重建新常态下的伊斯兰教旅游

Contemporary Issues on Interfaith Law and Society Pub Date : 2023-01-31 DOI: 10.15294/ciils.v2i1.66293

Rizqiya Lailatul Izza, Adelia Arnanda Arifin, Ulifah Anggarini

引用次数: 1

The Challenges of Religious Harmony and Tolerance in Developing Countries 发展中国家宗教和谐与宽容的挑战

Contemporary Issues on Interfaith Law and Society Pub Date : 2022-07-31 DOI: 10.15294/ciils.v1i2.59060

Anggun Putri indah Sari

{"title":"The Challenges of Religious Harmony and Tolerance in Developing Countries","authors":"Anggun Putri indah Sari","doi":"10.15294/ciils.v1i2.59060","DOIUrl":"https://doi.org/10.15294/ciils.v1i2.59060","url":null,"abstract":"This study aims to analyze how the challenges of religious harmony and tolerance in Indonesia are in the social and legal aspects. This study uses a literature study approach by comparing several legal regulations and previous research related to secondary data. This study found that religious harmony is a state of inter-religious relations based on tolerance, mutual understanding, mutual respect, respect for equality in the practice of their religious teachings and cooperation in social, national and state life within the Republic of Indonesia based on Pancasila and the 1945 Constitution of Indonesia. The right to religion (to embrace and practice worship) guaranteed by the Constitution and other laws is not a right that can be exercised at will. This means that there are certain signs or conditions so that the exercise of that right does not interfere with the rights of other people, the security and order of the community, the state and the nation; in other words, there are restrictions that must be considered by residents. This limitation is in Article 28J paragraph (2) of the 1945 Constitution in conjunction with Article 73 of the Human Rights Law. Article 28J paragraph (2) stipulates that in exercising their rights and freedoms, everyone is obliged to comply with the restrictions determined by law with the sole purpose of guaranteeing recognition and respect for the rights and freedoms of others and to fulfill fair demands in accordance with moral considerations, religious values, security, and public order in a democratic society.","PeriodicalId":112685,"journal":{"name":"Contemporary Issues on Interfaith Law and Society","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121400785","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Protection of Indigenous Peoples (Local Beliefs) in the Context of Human Rights in Indonesia 在印度尼西亚人权的背景下保护土著人民(当地信仰)

Contemporary Issues on Interfaith Law and Society Pub Date : 2022-07-31 DOI: 10.15294/ciils.v1i2.58319

Naufal Khaidar, Maulana Adi Nugraha

{"title":"Protection of Indigenous Peoples (Local Beliefs) in the Context of Human Rights in Indonesia","authors":"Naufal Khaidar, Maulana Adi Nugraha","doi":"10.15294/ciils.v1i2.58319","DOIUrl":"https://doi.org/10.15294/ciils.v1i2.58319","url":null,"abstract":"This study aims to analyze the protection of indigenous peoples and local beliefs in the dimensions of human rights in Indonesia in a global context. Thisy sudy compared some laws and regulations related to the protection for indegenous peoples and local beliefs both national legal system and international conventions. The study found and higlighted that Article 28E and Article 29 paragraph (1) of the 1945 Constitution of the Republic of Indonesia have guaranteed freedom for every citizen to embrace religion and worship according to their respective beliefs, accompanied by the state's obligation to protect every citizen to worship according to their respective beliefs, including local religions. In addition, the Constitutional Court Decision Number 97/PUU-XIV/2016 concerning Judicial Review of the Population Administration Law, the Panel of Judges granted the lawsuit against Article 61 of Law Number 23 of 2006 and Article 64 of Law Number 24 of 2013 concerning Population Administration wich accommodate the local belief on the national administration system. In the global context, freedom of religion including having local beliefs is also regulated in the Universal Declaration of Human Rights Article 18, the International Covenant on Civil and Political Rights, and even the regulation of freedom of religion or belief in more detail is also regulated in the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion in 1981.","PeriodicalId":112685,"journal":{"name":"Contemporary Issues on Interfaith Law and Society","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128728931","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Pros and Cons of Removing the Religion Column in Indonesian Identity Cards (Analysis of the Impact and Regulation on Human Rights) 印尼身份证取消宗教一栏的利弊(分析对人权的影响及规管)

Contemporary Issues on Interfaith Law and Society Pub Date : 2022-07-31 DOI: 10.15294/ciils.v1i2.58146

Bagus Edi Prayogo

{"title":"Pros and Cons of Removing the Religion Column in Indonesian Identity Cards (Analysis of the Impact and Regulation on Human Rights)","authors":"Bagus Edi Prayogo","doi":"10.15294/ciils.v1i2.58146","DOIUrl":"https://doi.org/10.15294/ciils.v1i2.58146","url":null,"abstract":"The removing of the religious column on the national identity card raised pros and cons. has begun. In one side, there are many beliefs cannot be accommodated by the administration system in religion colomn, but in the other sides, the provision of the beliefs protection instead if religion is still bias. This study aims to analyze the pros and cons of removing of religion identity at the national identity card. The method used at this study is literature study with some comparative analysis of laws and regulations concerning the freedom of religion and belief both national and international legal system. The study found that initially, the aim of removing the religion column was to accommodate the rights of adherents of beliefs, which began to spread to the idea of eliminating the religion column for all religious communities in Indonesia. This study also found that after the issuance of the Constitutional Court decision No. 97/PUU-XIV/2016, adherents of a belief can list their belief in the column of religion on their identity cards. The decision claimed to recognize and include religious beliefs as a new identity column on the KTP is a significant development of the government's commitment to guaranteeing equal rights for all Indonesian people regardless of diversity of religions and beliefs. Furthermore, guarantees for freedom of religion and belief are strictly regulated in Article 28 E and 29 paragraph (2) of the 1945 Constitution. In addition, these guarantees are also regulated in the Law on Human Rights and the ICCPR.","PeriodicalId":112685,"journal":{"name":"Contemporary Issues on Interfaith Law and Society","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122525429","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Restrictions and Prohibition of the Use of Hijab on Company Employees: A Human Rights Analysis 限制和禁止公司员工佩戴头巾:人权分析

Contemporary Issues on Interfaith Law and Society Pub Date : 2022-07-31 DOI: 10.15294/ciils.v1i2.58144

Layina Shaiza, Nur Shivana

{"title":"Restrictions and Prohibition of the Use of Hijab on Company Employees: A Human Rights Analysis","authors":"Layina Shaiza, Nur Shivana","doi":"10.15294/ciils.v1i2.58144","DOIUrl":"https://doi.org/10.15294/ciils.v1i2.58144","url":null,"abstract":"Discourse regarding the prohibition of the use of headscarves in companies has become dillematic issues in human rights. This study aims to analyze the prohibition of the use of headscarves in companies in the context of human rights by analyzing and comparing some laws and regulations. This study found and confirmed that although the views on human rights in each country are different, there is one basic right that all human beings must have, namely natural rights that all human beings have. One of these natural rights is the right to freedom of religion. In the 1945 Constitution the right to freedom of religion is regulated in Article 28E paragraph (1), Article 28E paragraph (2), and Article 29 paragraph (2) of the 1945 Constitution. Even in labor relations in Indonesia, Law No. 13 of 2003 concerning Manpower confirms with regard to discrimination against veiling while working, that every worker/laborer has the right to receive equal treatment without discrimination from employers. In addition, several regulations issued by the United Nations which regulate freedom of religion for all mankind include the Charter of the Declaration of Human Rights, the 1948 Declaration of Human Rights, the ICCPR (International Covenant on Civil and Political Rights), and CEDAW (Convention on Elimination of All Forms of Discrimination Against Women).","PeriodicalId":112685,"journal":{"name":"Contemporary Issues on Interfaith Law and Society","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116923338","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1