Rumah Jurnal Institut Agama Islam Negeri (IAIN) Bone
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The The Intersection of the Actor Sequitur Forum Rei Principle with the Pacta Sunt Servanda Principle in Determining Relative Competence
No full textThis study focuses on the conflict between the principle of pacta sunt servanda (agreement on the choice of court in a contract)and the principle of actor sequitur forum rei (lawsuit filed at the place of residence of the defendant) in determining the relative competence of the court. The purpose of this study is to analyze the construction of the meaning of the agreement, the application of these two principles, and their impact on justice for the disputing parties. The research method employs a normative juridical approach, utilizing a statutory approach, a conceptual approach, and a case approach, which examines legislation, legal concepts, and related court decisions. The results of the study show that the application of the pacta sunt servanda principle or the choice of domicile in accordance with the contents of the contract often conflicts when the lawsuit filed by the plaintiff does not correspond to the domicile chosen in the agreement. In several decisions reviewed, the court determined relative jurisdiction in accordance with thethe chosen domicile without considering the bargaining position of both parties, thuscausing injustice to the weaker party, because judges tend toprioritize the forum selection clause without considering the bargaining position of theparties, even though based on Article 118 paragraph (4) of the HIR, the choice of domicile inan agreement is not absolute, but voluntary. This study recommends the need for a balance between legal certainty and substantive justice, which must be maintained by judges, as well as the strategic role of notaries in providing legal education to parties regarding the consequences of court jurisdiction clauses.Some legal facts related to the determination of which District Court has the authority to hear a civil lawsuit are often a polemic to determine where the lawsuit should be filed, this is that each party (especially the Plaintiff) bases the filing of the lawsuit on legal facts that accompany a legal event (an agreement that is written in the form of a notarial deed), without seeing and basing it on the provisions or which are the basis or main foundation or principles that existed before a legal event occurred. Before there are legal facts that make the basis of reference for the aggrieved party to exercise his right to sue civilly, the demands in filing a lawsuit for the first time that must be understood are "absolute competence and relative competence", related to relative competence, it is very clear if the lawsuit by the party who feels harmed is addressed in the District Court where the residence is located, this is as in the principle of actor sequitur ferum rei, as long as it is not excluded as long as the provisions of Article 118 HIR. In line with the principle of actor sequitur forum rei, there is often a clash to determine the relative competence if there is an accompanying legal event, namely the existence of an agreement made at a notary (notarial deed) with one of the clauses that has determined its relative competence if the parties are in dispute, so that the meaning of the agreement is an agreement that must be upheld as a law for those who make it as per Article 1338 of the Civil Code (the principle of pacta sunt serrvanda). With this event, it makes a polemic in determining relative competence, thus the author will describe how to parse and determine relative competence wisely so as not to cause multiple interpretations for the parties in dispute and minimize the clash between the principles of civil law
The Influence of Men’s (Fathers’) Mental Health On Improving Children’s Education And Family Harmony
No full textThe mental health of men, particularly fathers, plays a crucial role in shaping family dynamics and the success of children's education. This study examines three main aspects: (1) the changing role of fathers in the family and children's education; (2) the concepts and factors influencing men's mental health; and (3) the impact of fathers' mental health on family harmony and children's educational development. The results indicate that a father's role extends beyond breadwinning to providing care, emotional support, and involvement in children's learning. Fathers' mental health is influenced by various factors, such as economic pressure, patriarchal culture, social demands, and the burden of family responsibilities. These factors can impact fathers' emotional stability, which in turn affects the quality of family relationships. Furthermore, fathers' mental health significantly influences children's cognitive, social, and emotional development and determines the level of family harmony. Therefore, fathers' mental health is a fundamental element in creating a harmonious, supportive, and conducive family environment for optimizing children's education. This study emphasizes the importance of holistic strategies and cross-sectoral support to maintain family mental health, particularly for men as one of the main pillars of the family system
PERAN IBU SINGLE PARENT DALAM PENGASUHAN ANAK
No full textThis study aims to describe the role of single mothers in childcare and the challenges they face in carrying out family functions independently. Single mothers bear dual responsibilities as primary caregivers and breadwinners, requiring strong adaptability, emotional resilience, and effective time management. Using a descriptive qualitative approach, this research explores the experiences of single mothers in providing attention, education, and emotional support to their children despite various limitations. The findings show that single mothers play a strategic role in shaping their children’s character, discipline, and independence. Although they often encounter economic pressures, psychological burdens, and limited social support, they continuously strive to create a stable and nurturing caregiving environment. Support from extended family, community, and social policies significantly strengthens their ability to fulfill these responsibilities. This study concludes that the role of single mothers is crucial to children’s development, and sustained social intervention is needed to help them carry out childcare more effectively.Penelitian ini bertujuan untuk mendeskripsikan peran ibu single parent dalam pengasuhan anak serta tantangan yang dihadapi dalam menjalankan fungsi keluarga secara mandiri. Ibu single parent memikul tanggung jawab ganda, yaitu sebagai pengasuh utama sekaligus pencari nafkah, sehingga memerlukan kemampuan adaptasi, ketahanan emosional, dan manajemen waktu yang baik. Melalui pendekatan kualitatif deskriptif, penelitian ini menggali pengalaman ibu dalam memberikan perhatian, pendidikan, dan dukungan emosional kepada anak di tengah berbagai keterbatasan. Hasil penelitian menunjukkan bahwa ibu single parent memiliki peran strategis dalam membentuk karakter, kedisiplinan, dan kemandirian anak. Meski menghadapi tekanan ekonomi, beban psikologis, serta kurangnya dukungan sosial, mereka tetap berupaya menciptakan lingkungan pengasuhan yang stabil dan penuh kasih. Dukungan keluarga, lingkungan, dan kebijakan sosial terbukti memperkuat kemampuan ibu dalam menjalankan perannya. Penelitian ini menyimpulkan bahwa peran ibu single parent sangat penting dalam tumbuh kembang anak, dan diperlukan intervensi sosial yang berkelanjutan untuk membantu mereka menjalankan pengasuhan secara optimal.
Kata Kuci: Peran Ibu, Single dan Pengasuhan Ana
The Legal Validity and Evidentiary Challenges of Unwritten Rental Agreements in Boarding Houses
No full textThe widespread use of unwritten boarding house rental agreements among students generates a distinct form of legal vulnerability, not due to the absence of contractual validity, but as a result of weakened legal certainty and evidentiary fragility. This study employs a normative juridical method with statutory and analytical approaches to examine the legal validity and evidentiary implications of oral rental agreements under Indonesian civil law. The analysis demonstrates that unwritten rental agreements remain legally binding insofar as they satisfy the requirements of Article 1320 of the Indonesian Civil Code. However, the lack of written documentation significantly undermines effective legal protection when disputes arise. Consequently,non-litigation dispute resolution mechanisms, as regulated under Law No. 30 of 1999, emerge as a more functional avenue for resolving disputes, albeit without fully addressing underlying structural imbalances in contractual relations. This study reconceptualizes unwritten boarding house rental agreements as normatively valid yet structurally vulnerable contracts, underscoring the need to strengthen legal certainty in informal contracting practices
Gender Planning Dalam Hukum Islam: Corak Pemikiran dan Metode Ijtihad Syaikh Ali Jum’ah
No full textThe issue of gender planning, particularly in the form of planning to determine the sex of a fetus, is a contemporary issue arising from the rapid development of medical science and technology. From an Islamic legal perspective, this issue has given rise to differing views among Islamic scholars. This paper aims to analyze and map the characteristics of Shaykh Ali Jum'ah's Islamic legal thought and examine his methods istinbath. The law he used in establishing gender planning law. This study uses a qualitative method with a normative juridical approach, based on a literature study of the works of Sheikh Ali Jum'ah, the opinions of contemporary scholars, maqashid al-syari'ah, and fiqh al-waqi'. The results show that Sheikh Ali Jum'ah displays a moderate style of thinking (wasathiyah).Sheikh Ali Jum'ah is of the opinion that the original law of everything is permissible, so gender planning is permitted as long as it complies with sharia. This permissibility is individualized so as not to cause social imbalance. Sheikh Ali Jum'ah's ijtihad method in this matter is based on istishlahi,namely the preservation of welfare and the prevention of harm
Pemanfaatan Teknologi Digital dalam Pembelajaran Bahasa Arab: Kajian Literatur Terhadap Aplikasi dan Platform
No full textThe development of digital technology has changed the paradigm of Arabic language learning from conventional methods to a more interactive, adaptive, and data-driven approach. This article takes an in-depth look at the use of mobile applications such as Duolingo, Mondly, and Memrise, as well as Learning Management System (LMS) platforms such as Teachmint and Learning Al-Jazeera in Arabic language learning. This research uses a systematic literature review approach to national and international. The results of the analysis show that mobile applications are effective in building motivation and independent learning habits through gamification and micro-learning mechanisms, while LMS is superior in managing structured, collaborative, and assessment-based learning. Recent literature studies (Okumuş Dağdeler, 2023; Çobanoğullari & Özbek, 2025) also confirm that the integration of AI-powered chatbots and spaced repetition techniques can significantly improve vocabulary retention and speaking skills. However, teachers' limited digital literacy, shallow grammatical content, and unequal access to technology remain major challenges. This study confirms that collaboration between mobile applications and LMS can produce a more effective, contextual Arabic language learning model that is suited to the characteristics of the digital generation. Further research is recommended to evaluate the empirical application of these two media in the context of formal classrooms in Indonesia.
Taarikh wa Tathwiir Madaaris al Nushuuh fi al Andalusiyah wa Mishr: Diraasah li Ta'siiriha 'alaa 'ilmi al Lughah al 'Arabiyyah
No full textThe study of Arabic began with the many problems and errors in the way Arabs spoke. The purpose of this study, known as nahwu, was to protect the Arabic language in the Qur'an from these errors. Starting from the first nahwu school in Basrah, and later, new schools emerged in Kufa, Baghdad, Andalusia, and Egypt. as well as the role of local scholars in developing and critiquing classical nahwu. Each of these schools has its own characteristics and history, which then resulted in different rules and teaching methods. Andalusia as the center of the spread of Islamic civilization in the western region has an important role in the spread of knowledge. This study examines the history of the Andalusian and Egyptian schools of thought, as well as the figures who helped shape them. This study uses library research methods to examine related materials and data collection techniques through document review, namely collecting, reviewing, and analyzing scientific manuscripts related to the science of nahwu in Andalusia and Egypt
IMPLEMENTATION OF FISHING LABORERS’ INCOME SHARING FROM AN ISLAMIC ECONOMIC PERSPECTIVE: A CRITICAL ANALYSIS ON BAJOE FISHING LABORERS, BONE REGENCY
No full textThis study aims to analyze the income distribution mechanism of fishermen workers in Bajoe, Bone Regency, and to evaluate the implementation of this income distribution from the perspective of Islamic Economics. The research method employed is qualitative with a field research approach, supported by phenomenological, sociological, and economic perspectives. Primary data were collected through in-depth interviews with fishermen workers and boat owners in Bajoe, while secondary data were obtained from comprehensive literature studies. The findings indicate that the income distribution mechanism in Bajoe remains traditional, verbal, and without written contracts, relying on trust and hereditary customs with a profit-sharing model based on hierarchical positions aboard the vessel. From the perspective of Islamic Economics, this practice is not yet fully aligned with the principles of Sharia, such as justice (al-‘adl), clarity (bayan), and transparency. The absence of written agreements and the lack of transparency in calculating profits and operational costs make fishermen workers vulnerable to structural injustice
FROM RITUAL COMMUNITY TO POLITICAL ACTOR: THE TRANSFORMATION AND POWER STRATEGIES OF THE KHALWATIYAH SAMMAN ORDER IN SOUTH SULAWESI
No full textThis article investigates how politics functions not merely as an external arena of pressure but as a medium of institutional survival for the Khalwatiyah Samman Order in South Sulawesi. While existing studies on Indonesian Sufi orders have predominantly emphasized doctrinal teachings, ritual systems, and patterns of social expansion, they tend to overlook the political mechanisms through which a tarekat negotiates authority, confronts accusations of heresy, and constructs long-term legitimacy within shifting power structures. Addressing this gap, the study focuses on two pivotal historical events—the 1931 heresy accusation issued by King Bone La Mappanyukki and the 1958 ulama assembly organized by the DI/TII movement in Wanua Waru—to demonstrate that the Khalwatiyah Samman Order has continuously acted as both a religious and socio-political institution capable of adapting to, resisting, and strategically engaging competing forces such as monarchy, colonialism, and radical Islamist militancy. Using a qualitative, descriptive-historical method based on manuscripts, archival sources, and oral testimonies, the research reveals that the tarekat’s endurance is sustained through three interconnected strategies: cultural accommodation within local power structures, intellectual-theological argumentation to counter delegitimization, and the mobilization of a broad follower base as a source of social capital. These strategies not only defend its orthodoxy but also allow the tarekat to convert political threats into opportunities for institutional consolidation. The article therefore argues that politics, in this context, is not solely a site of contestation but a resource for identity affirmation and doctrinal continuity, offering a new analytical lens for understanding Sufi orders in Indonesia as adaptive actors with historical agency in the negotiation of religious and political authority
MUI Fatwa No. 2 of 2002 on Waqf Money: Technological Implementation and Challenges for Waqf Institutions in Indonesia
No full textCash waqf is one of the instruments of Islamic philanthropy that has great potential in promoting the social and economic development of the ummah in a sustainable manner. The legality of cash waqf in Indonesia is strengthened through MUI Fatwa Number 2 of 2002, which opens up opportunities to manage waqf funds more flexibly and productively. This article examines the implementation of cash waqf in the context of digital technology development, as well as the challenges faced by waqf institutions in carrying out their functions efficiently and accountably. The research method used is descriptive qualitative, with a literature study approach that examines regulatory documents, academic literature, and case studies of waqf institutions. This research aims to provide a comprehensive understanding of the integration of technology in the collection, management, and distribution of cash waqf. The results show that despite constraints such as limited digital infrastructure, low public literacy, and cybersecurity issues, waqf institutions have shown adaptive responses through technological innovation and collaboration. The analysis also reviews the practices of institutions in different regions that have adopted digital platforms. To optimize cash waqf management, progressive policies, multi-stakeholder support, and strengthening the capacity of waqf institutions to face the digital era are required. With the right approach, cash waqf can be a powerful instrument of community empowerment