PEMENUHAN HAK ANAK PEMULUNG PERSPEKTIF MAQASHID SYARI’AH (STUDI KELUARGA KAMPUNG PEMULUNG DUKUH WONOCATUR KELURAHAN BANGUNTAPAN KECAMATAN BANGUNTAPAN KABUPATEN BANTUL)

Fitri Nurulita, NIM.: 19103050048 (2023) PEMENUHAN HAK ANAK PEMULUNG PERSPEKTIF MAQASHID SYARI’AH (STUDI KELUARGA KAMPUNG PEMULUNG DUKUH WONOCATUR KELURAHAN BANGUNTAPAN KECAMATAN BANGUNTAPAN KABUPATEN BANTUL). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

As a legal subject, children have rights and obligations both in criminal law and in civil law. If it is associated with Islamic Family Law scholarship, one of the children's rights is maintenance orHaḍlanah contained in the Marriage Law No. 1 of 1974 and the Compilation of Islamic Law. The parties most responsible for or obliged to fulfill children's rights are parents and the Government. The government's efforts to protect children's rights have been contained in several laws such as Number 35 of 2014. This aims to form superior children in all aspects. But in fact, not all parents or families are capable of fulfilling children's rights and carrying out their role as parents in accordance with legal provisions. as in the Banguntapan District, Banguntapan Subdistrict, to be precise in Gang Rukun Dukuh Wonocatur, there are scavengers' settlements, there are children who live less decently from clothing, food, housing, education and certainty of civil identity such as birth certificates as one of the child's important documents. As a result, children are late for school, have to work on the streets. Children are also less than optimal in growth and development. departing from the reality of the field, this research was conducted to find out the practice of fulfilling the rights of scavenger children in Gang Rukun Wonocatur and how to fulfill these rights from the perspective of Maqashid Syariah and Legislation. This research is located in Rukun Alley, Wonocatur Hamlet, Banguntapan Village, Banguntapan District. Using a normative-sociological approach, namely analyzing social phenomena from a normative perspective on child protection, a review of Maqashid Syariah and role theory. This research is Descriptive-Analytic in nature, the data presented will be in the form of a scientific narrative explanation. This Qualitative Research will be analyzed with an inductive pattern, starting from things that are specific and then drawing conclusions that are general in nature. The practice of fulfilling the children's rights of scavengers in Gang Rukun has been partially fulfilled, some have not been fulfilled. There are factors that influence the practice of fulfilling the rights of scavengers' children, namely socio-economic factors. From these practices some are in accordance with the five inner aspectsMaqāṣhid syari'ah some are still not suitable. Parents should not take their children to work, but they can leave their children at the Al-Mumtaz Islamic Boarding School which is located in front of the Gang Rukun scavenger settlement. The authors hope that the government, philanthropists, activists and humanitarian volunteers will also be involved in helping to alleviate poverty and alleviate the difficulties of scavengers in the Gang Rukun Wonocatur settlement.

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