e-Jurnal IAIN Curup
Not a member yet
2835 research outputs found
Sort by
Understanding the Implications of Marriage Law Amendments: Marriage Dispensation Cases in Indonesian Religious Courts
Get PDFThis article aims to determine the implications of changing Law Number 1 of 1974 to Law Number 16 of 2019 concerning Marriage Dispensations in Indonesian Religious Courts. Specifically, this research seeks to analyze the increase in cases of post-amendment dispensation and explore the factors contributing to the gap between legal mandates and community practices regarding early marriage. This research uses a qualitative approach with a juridical perspective using comprehensive data analysis from Religious Courts in various regions in Indonesia. The data sources include decisions from the Directory of Decisions of the Supreme Court of the Republic of Indonesia, which focus on requests for dispensation. The analysis involves data collection, selection, sorting, reduction, and conclusion, aiming to effectively meet research objectives and address research gaps. This study integrates legal norms and societal dynamics to comprehensively understand the failure of the Amendment and its implications for the marriage dispensation in Indonesia. The analysis revealed a significant increase in requests for dispensation after the amendment. This reflects the challenges in dealing effectively with early marriage. Cultural pressures, institutional inconsistencies, and societal complexity contribute to the rise in cases of dispensation, underscoring the need for a different approach to legal reform and societal practice. Despite efforts to equalize the marriage age and prevent early marriage, the Amendment has not effectively addressed societal realities, resulting in a gap between legal mandates and actual practice
Polygamy and Women's Rights: An Examination of Divorce Litigation in Sharia Court Rulings Pertaining to Revisions in Indonesian Matrimonial Legislation
Get PDFThis study aims to assess and elucidate the influence of polygamy on domestic violence as reflected in the Sharia Court rulings in Aceh, as well as the viability of polygamy as a justification for granting divorce petitions. The study of this topic is significant since Islam essentially allows polygamy, provided that men can behave justly. The divorce ruling at the Sharia Court in Aceh revealed that polygamy led to the neglect of women and other forms of domestic violence. Unfortunately, Indonesian laws and regulations do not acknowledge polygamy as a valid ground for women to petition for divorce. The study is normative juridical review in nature. The data source is a judicial ruling. The data is examined under a women's protection framework. The findings indicate that the wife initiated divorce proceedings against her husband for practicing polygamy, which contravened Indonesian marital law and the Compilation of the Islamic Law, namely polygamy conducted without the wife's consent. Furthermore, polygamy often leads to domestic abuse against the wife. Polygamy can be categorized as irresponsible when practiced by a husband lacking steady economic resources, resulting in the neglect of women and their children. This polygamy is likewise deemed a contravention of the rules of marriage in the Islamic jurisprudence. At the present time, polygamy is not recognized as the reason for divorce in the Indonesian law. This study advocates for the inclusion of polygamy without consent as a legal ground for divorce, as the current legislation recognizes only physical domestic violence as a valid justification for divorce
Revitalizing ‘Urf in State Legal Development: The Case of Minangkabaunese Marriage Traditions
Get PDFThis article aims at explaining the marriage regulations in several Minangkabau regions which contribute to the enforcement and development of state law. These marriage rules have become a tradition that must be obeyed by the Minangkabaunese and recognized by Sharia, which in this case is categorized as ‘urf shahih. This research was conducted by using qualitative method. It was done by inventorying several marriage rules that are still applied by the Minangkabaunese and recognized by Sharia. The data were analyzed for their conformity with the provisions of marriage law established by the state. This research found that several forms of regulations are still applied and contribute to the development and enforcement of state law such as traditions before marriage, the process of getting married and living in the household, as well as when problems arise in the household and divorce. This ‘urf needs to be re-actualized to achieve good state law enforcement. This research confirms the need for the state to consider local traditions (‘urf) in developing and enforcing laws
Election Fiqh Ethics: Efforts to Prevent Polarization and Its Impact on the 2024 Election
Get PDFPolarization in the implementation of elections, especially in 2024, has a very dangerous impact which has the potential to create divisions between ethnicities, religions, races and between groups. One of the efforts to prevent this and minimize negative impacts is by creating norms from a fiqh perspective considering that the majority is 85 percent of the population. Indonesia is a Muslim society. This research aims to explain election ethics from a fiqh perspective to prevent and minimize polarization in the implementation of the 2024 election and its impacts. By using qualitative descriptive methods and a literature approach, researchers will collect and examine data from various written sources to look for election ethics from a jurisprudential perspective in preventing polarization in the 2024 simultaneous elections. Fiqh ethics in preventing polarization are divided into two, namely universal ethics and partial ethics. Universal ethics include arranging good motivation, not violating existing rules, maintaining human values, bringing benefits and rejecting damage and being fair. Meanwhile, the partial ethics are ta'aruf, tafahum, tasamuh, ta'awun, mujjadi and takaful
The Influence of Assertiveness and Social Support from Families of Social Rehabilitation Program Participants on Islamic Communication Skills in Medan Class 1 Penitentiary
Get PDFSocial rehabilitation program, conveying religious messages and maintaining crucial aspects of religion and society. Effective communication is needed to build good relationships with other people, convey opinions and aspirations, and resolve conflicts with social rehabilitation program participants. This research aims to see the influence of assertive communication and social support from families of social rehabilitation participants on Islamic communication skills in the Class 1 Penitentiary in Medan. Based on the results of the research and discussion, several conclusions can be drawn as follows: First, assertiveness influences the Islamic communication skills of Social Rehabilitation Program Participants in Medan Class 1 Penitentiary. The results of this research identify that the better the level of assertiveness a person has, the Islamic communication skills of the inmates of class I Penitentiary in Medan will improve. Second, family social support influences the Islamic communication skills of Social Rehabilitation Program Participants in Medan Class 1 Penitentiary. The results of this research identify that the better the level of family social support received by a prison inmate will improve the Islamic communication skills of class I Medan Penitentiary inmates. Third, assertiveness and Social Support together have a significant effect on Islamic Communication Skills in Medan Class 1 Penitentiary, Participants in the Social Rehabilitation Program
The Contribution of The Old and New Order Governments to Mathla'ul Anwar
Get PDFThis research aims to analyze the contribution of the Old Order and New Order governments to Mathla'ul Anwar. The research method used is a literature study involving analysis of relevant primary and secondary sources. The results showed that the Old Order government provided ample space for the development of Mathla'ul Anwar, by providing support for Islamic education and social religious activities. However, under the New Order government, Mathla'ul Anwar experienced obstacles due to stricter control over religious organizations and government efforts to direct religious activities in accordance with official ideology. Despite this, Mathla'ul Anwar has survived and adapted to the changing times, showing its resilience as one of the significant Islamic organizations in Indonesia. This research provides a deeper insight into the dynamics of the relationship between the government and religious organizations in Indonesia, as well as the contribution of Mathla'ul Anwar in the context of political and social change during the Old Order and New Order periods
Under The Shadow of Patriarchy: Women Position in Minangkabau Matrilineal System
Get PDFIn traditional books it is often said that women in Minangkabau have a high position. The tradition that based on the syariah Islam is presumed to value her exixtance, care about her welfare, and listen to her opinion. This argument is often directed to the conclusion that the principle of gender equality has finally been implemented in the reality of Minangakabau society. However, in reality, such equality is not found in traditional meetings which are still patriarchal. This patriarchal pattern can also be seen in the philosophy of tali tigo sapilin (three twisted ropes) which symbolizes the three main leaders in Minangkabau society, namely niniak mamak, alim ulama, and cadiak pandai (tribal leader, religious leader, and scholar). The elimination of the Bundo Kanduang element in this philosophy seems to contradict the narrative of equality being promoted. Therefore, this article aims to examine in more depth the patriarchal patterns inherent in traditional books and in the reality of matrilineal Minangkabau society. The method used in this research is the critical analysis method. This research shows that Minangkabau women are, on the one hand, protected in terms of by their welfare by the customs. However, on the other hand, traditional reality shows that Minangkabau women are actually positioned as secondary creation, which is the main feature of patriarchal society
Analyzing Consumer Preferences in Selecting Halal Tourism Destination
Get PDFPurpose: This paper examines consumer behavior, specifically the Indonesian society's preference for making halal tourism in the Riau region a tourism destination.Design/Method/Approach: The methodology applied in this research is quantitative with the SEM-PLS approach. Sampling was done using purposive sampling method. The number of respondents involved was 256 people with an age range of 16 to 55 years old. This study adopts variables based on the Theory of Planned Behavior, which identifies three exogenous latent variables (ɛ), namely Attitude, Subjective Norm, and Perceived Behavioral Control. Meanwhile, the endogenous latent variable (η) in this research is the Preference for Halal Tourism.Findings: The results of this study revealed that the perceived behavioral control variable has the largest, positive, and significant influence.Originality/Values: The implications of this research can assist in the development of the halal tourism industry in Indonesia, particularly in the Riau region. Industry players and stakeholders can take steps and policies to enhance aspects such as subjective norms and perceived behavioral control to meet tourists' preferences. Academics can also contribute to advancing digital literacy, research, and innovation in the halal industry, thereby making a significant contribution to the dynamic and innovative digital ecosystem within the halal value chain
Implications of Illocutionary Speech Acts Study in Language Learning for Foreigners
Get PDFThis study aims to explore the types and functions of speech acts in BIPA (Indonesian Language for Foreign Speakers) teaching materials which can have implications for language learning for foreign speakers. This study uses a qualitative method with a case study approach. The source of this research data is dialogue in Practical BIPA teaching materials by the Ministry of Education and Culture.Data collection techniques using document techniques. Data analysis techniques in this study used the Spradley model analysis techniques, through 4 stages, namely, domain analysis, taxonomy, componential, and cultural theme analysis. The findings in this study indicate that there are 5 types of illocutionary speech acts, namely assertive, directive, commissive, expressive, and declarative. These findings can have implications for language learning for foreign speakers, especially BIPA learning. Understanding illocutionary speech acts can help foreign speakers to develop communicative abilities of foreign speakers. Insight into knowledge of illocutionary speech acts can help foreign speakers understand cultural norms related to the use of the target language. Speech act studies can also improve the ability to understand and use language in appropriate social contexts. Insight into illocutionary speech acts also helps foreign speakers to be more careful of errors or misunderstandings in communication. Can be used as material for foreign speakers in negotiating, convincing, and influencing others when communicating
Pronunciation Errors in Speaking Committed by Non-Majoring English Students: Causes and Solution
Get PDFErrors committed by the students while studying English as a foreign language can show the students’ difficulty and be the basis of planning the proper strategy in the teaching and learning process. Therefore, this study aimed at finding out the causes of pronunciation errors in speaking skill committed by EFL learners and discovering the solutions for both students and teachers. It focused on analyzing the causes of pronunciation errors using a diagnosis proposed by Carl James. The method used in this study was a case study. Twenty non-majoring English students from International Tourism College got involved as the subject of this research. The data were collected from documentation of speaking diagnostic test results and interviewing the participants based on the test result. The findings reported that there were three causes of pronunciation errors, namely interlingual, intralingual, and communication strategy-based error. For the solution, the learners and teachers are suggested to develop the learning quality by improving the learners’ motivation to use the target language more often everywhere. Hence, this error analysis can be a reference in designing a learning strategy in teaching speaking