Nurani: Jurnal Kajian Syari'ah dan Masyarakat
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INTERDISCIPLINARY APPROACH IN THE STUDY OF MARITAL LAW (STUDY OF THE DETERMINATION OF CHILD COSTODY)
Full text linkAn interdisciplinary approach is an approach that uses various scientific fields in solving a problem. The determination of child custody is usually decided by considering the age of the child. Children who are not yet mumayiz are taken care of by the mother, but when the child is an adult, they are given the choice to live with the mother or father. Through this study, the author examines the determination of child custody according to Islamic law and the Marriage Law and by using psychology and economics. That the custody of children in care must be assigned to the right person. From this paper, the author concludes that according to Islamic law, the determination of child custody takes into account the age of the child. According to Law no. 1 of 1974 concerning Marriage, the determination of child custody before adulthood is decided by a local court judge. In psychology, the determination of child custody takes into account the mental or psychological aspects of the child. Especially in terms of the child\u27s emotional closeness, closer to the mother or father. So that way, the child\u27s condition will be better in living their daily lives and not getting pressure. Meanwhile, by using economics, the determination of child custody is seen from the financial stability of both parents, both from the mother and from the father. Because in carrying out child care requires financially established, so that the needs of children can be met properly. So, in determining child custody, it can not only be seen from the age of the child but can use other considerations.
Keywords: Child custody, Mother, Fathe
TYPOLOGY OF VILLAGE GOVERNANCE ASSESSED BASED ON SOCIOLOGICAL PERSPECTIVE
Full text linkAlong with modern developments that exist today, various polemics have emerged in determining the typology of village governance that is in accordance with the principles of legal policy (legal policy) related to the sociological foundation in the form of understanding village conditions is absolutely necessary. Therefore, a stronger State institution is needed in dealing with the rational division of tasks and authorities between the State and regions (villages). In its preparation, it is necessary to describe a sociological condition of an intact village, which is viewed from the village elements which include the village area, village life system and village administration. The method and approach used was empirical (sociological research). There were several arguments for the need to understand the condition of the village sociologically where various villages throughout Indonesia have always been the basis of community livelihoods that have autonomy in managing the governance of the population, local institutions and economic resources with all the local wisdom possessed by local Indonesian communities. Furthermore, the regulation on village governance is intended to respond to the globalization process marked by the liberalization process of information, economy, technology, culture, etc
BUILDING COMMUNICATION BETWEEN FAMILY MEMBERS AS A FORT OF FAMILY RESILIENCE
Full text linkThis paper discusses about building communication between family members as a fortress of family resilience. The family is the basis for maintaining diversity, the family is very important to maintain the social understanding of family. As social beings, humans are never separated from communication. Communication is often a fundamental problem in one\u27s family household relations, especially what often becomes a conflict is communication between husband and wife who lacks understanding of the concept of communication patterns in the family in order to maintain family resilience in the household. The purpose of this paper is to provide and express the concepts and principles of communication in the family so that it can be a solution on how to build communication in the family that can fortify family resilience. As for the focus in this paper is how the concept of communication patterns, communication as an ethical value to realize family resilience, communication as the realization of ma\u27ruf relationships in the family, the theory of ethical values and their relevance to the family communication system and the concept of family resilience. This paper is included in the type of normative legal research literature (library research). By using a conceptual approach and a statutory approach. the type of data in this study using qualitative data. The results of this paper conclude that family resilience is very influential on the concept of communication in the family. By understanding the concepts and principles of communication patterns between family members, they can maintain resilience and strength in the family, so that they can realize the purpose of marriage, namely forming a sakinah, mawaddah and rahmah family as contained in the Qur\u27an Surah Ar-Rum verse 21.
Keywords: communication, family resilience, socia
THE STATE\u27S RESPONSIBILITY IN THE WELFARE OF PEOPLE AND ECONOMIC RECOVERY IN THE FACE OF COVID-19 FROM THE PERSPECTIVE OF LAW AND HUMAN RIGHTS
Full text linkThe Covid-19 pandemic was taking place in almost all countries around the world. Along with the increasingly vigorous government strategy in tackling the spread of the corona virus that was still endemic until now, the government had started to enforce the Large-Scale Social Restrictions (PSBB) with the signing of Government Regulation (PP) No. 21 of 2020 about PSBB which was considered able to accelerate countermeasures while preventing the spread of corona that was increasingly widespread in Indonesia. The research method used was normative prescriptive. The government put forward the principle of the state as a problem solver. The government minimized the use of region errors as legitimacy to decentralization. The government should facilitated regional best practices in handling the pandemic. Thus, the pandemic can be handled more effectively. The consideration, the region had special needs which were not always accommodated in national policies. The government policy should be able to encourage the birth of regional innovations in handling the pandemic as a form of fulfilling human rights in the field of health. Innovation was useful in getting around the limitations and differences in the context of each region. In principle, decentralization required positive incentives, not penalties. Therefore, incentive-based central policies were more awaited in handling and minimizing the impact of the pandemic.
 
REINTERPRETATION OF THE KAFA’AH CONCEPT IN JASSER AUDA’S PERSPECTIVE
Full text linkThis research is intended to study and analyze the concept of kafa\u27ah in JasserAuda\u27s perspective. In the concept of kafa\u27ah, it should be noted that there are still many people who think that kafa\u27ah only includes the same elements in terms of degree or social strata or wealth. Whereas the essence of kafa\u27ah is not like that, but among the strategies to create a sakinah, mawaddah, warohmah family. This type of research is library research, namely by collecting a number of data related to the concept of kafa\u27ah in marriage according to JasserAuda\u27s perspective with the approach maqashidasy-syariah. The Method analysis data used is an inductive qualitative method. This method is done by collecting data, compiled and classified into themes that will be presented, then analyzed and presented with a research framework and then given a full interpretation by describing what it is. The results of the study show that (1) Kafa\u27ah is equality or harmony, it is important to do in order to achieve the perfection of marriage that avoids domestic life from harm and misery; (2) Wisdom requireskafa\u27ah is to get to the marriage relationship sakinahmawaddahwarahmah,and result destination weddings are not only referring to the happiness of the world, but also happiness hereafter; (3) The essence of the requirement for kafa\u27ahinperspectiveJasserAuda\u27s is as a form of self-protection and honor for both each partner and for the two families who have been united in a marriage bond.
Keywords: Kafa\u27ah, Maqashid ash-Shari\u27ah, JasserAuda
THE POLITICAL OF LAW TO THE GOVERNMENT POLICY ABOUT REMISSION
Full text linkThe law refers to a rule of life in accordance with the ideals of living together and the principles of justice. The content of the rule of law should be fair. Without justice, law is only formalized violence. The law is felt to be important when dealing with injustice. Through a political perspective, law is viewed as a product or output of a political process or the result of consideration and formulation of public policy. However, besides law as a product of political consideration, there is political law which is the basis or basis of policy for determining the laws that should apply in the state. As mandated by the Constitution, one of which produces a remission regulation, Remission is essentially the right of all prisoners and applies to anyone as long as the prisoner is serving a life sentence. The problem that arises is that the application of remission requirements is not in accordance with the expected objectives. Thus, the purpose of this study is to determine the implementation of remittances in Government Regulation Number 99 of 2012 concerning Terms and Procedures for the Implementation of the Rights of the Convicted; and analysis of Political Law and Government Policy on Remissions in Government Regulation Number 99 of 2012 concerning Remissions in Article 34A seen from Article 34. This type of research is qualitative using secondary data. The research results are if we look at the corners of the hierarchy of the laws and regulations stipulated in Article 7 of Law Number 12 of 2011 concerning the Establishment of Legislative Regulations, then the provisions for granting the remission of corruptors in Government Regulation Number 99 of 2012 are contrary to Article 5 of the Law on Corrections. This is because the substance contained in Article 34 Paragraph (1) a and b of this Government Regulation is a new norm that is contrary to the philosophy, objectives, vision and mission of the Law on Corrections itself which prohibits discriminatory treatment and treatment of prisoners
ASSIMILATION AS AN EFFORT TO OVERCOME THE SPREAD OF CORONA VIRUS ACCORDING TO MINISTER OF LAW AND HUMAN RIGHTS REGULATION NO.24 OF 2021
Full text linkThe corona virus has become a global epidemic since the last two years, and Indonesia is also included in the country affected by this corona virus outbreak, especially in 2021 the corona virus outbreak is increasing, taking so many victims. Therefore, the Ministry of Law and Human Rights has extended the policy of granting assimilation rights at home for prisoners and children to reduce the density of prisoners in prisons, state detention centers and the Special Child Development Institute (LPKA). The problem is for prisoners, what are the conditions that must be met to obtain assimilation at home and what if the prisoners who have received assimilation at home commit crimes again during the assimilation period at home. The method used in this paper is a qualitative research method. That is by collecting legal materials by reading, quoting, taking notes, and studying reading materials related to research problems, especially the Regulation of the Minister of Law and Human Rights no. 24 of 2021 amendments to Ministerial Regulation Number 32 of 2020 concerning Conditions and Procedures for Granting Assimilation, Conditional Release, Leave Before Release, and Conditional Leave for Convicts and Children in the Context of Prevention and Control of the Spread of Covid-19. The data that has been collected is stated in the form of a description. The data analysis used in this research is descriptive qualitative. Prisoners will obtain assimilation if they have met the requirements contained in Article 11 and Article 45 of the Regulation of the Minister of Law and Human Rights No. 24 of 2021 and if the prisoner commits a crime while carrying out assimilation at home, he will be subject to a heavier sentence than before
DYNAMICS OF THE SHIFT OF THE FUNCTION OF THE RELIGIOUS TAKLIM ASSEMBLY IN THE WOMEN\u27S COMMUNITY IN PALEMBANG CITY
No full textThe existence of the Taklim Council as a religious institution with distinctive Indonesian characteristics, with a fairly large number of female congregants and growing almost evenly throughout Indonesia, has received attention and appreciation from many parties. The State has even acknowledged the existence and role of the Taklim Council as stated in the National Education System Law, where the Taklim Council is a form of non-formal educational institution. As well as its important role in cultivating faith and devotion. Its quite populist existence is not only known in rural areas but also in urban areas. However, many people still view its existence as merely a routine activity as an alternative activity for women to utilize their free time and remaining years. Therefore, most of the congregation is a group of housewives aged 30 years and over and also elderly. In fact, the activities of the Taklim Council are only considered as part of compensation activities for various life problems faced by women, especially in domestic lif
REFORMULATION OF ISLAMIC LAW STUDY METHODOLOGY (THEME STUDY AND STUDY METHODOLOGY IN JOURNAL ARTICLES IN MORAREF)
Full text linkIn general, the study themes above are a grouping of religious studies that have been carried out so far. However, by not limiting it to aspects of current scientific developments, the possibility of combining analysis between one theme and another is possible. Because of this, it can also happen that the theme of religious studies depends on which aspect it is viewed from. Comprehensively, there are basically two paradigms that are often used in connection with religious studies, namely; logical and positivistic
LEGAL PROTECTION OF ULAYAT RIGHTS
Full text linkLand is the surface of the earth which is one of the objects regulated by Agrarian Law. The new Agrarian Law must comply with the legal awareness of the people at large. Because the Indonesian people are largely subject to customary law, the new agrarian law will also be based on the provisions of customary law as original law, which are refined and adjusted to the interests of the community. Customary law is the main source in the formulation of national land laws, as the first source. In the land law, the hierarchy of land tenure rights is regulated, including the Ulayat Rights. The method used in this research is field research. Writing this research aims to describe the application of the distribution of customary land rights owned by the customary law community of the MuaraEnim district, namely Paya Angus Village and the form of legal protection for the indigenous people of Paya Angus, but because their work does not reside in Paya Angus Village. The result of this research is that the residents of Paya Angus village have obtained their customary rights in accordance with the regulations in force in the village and the form of legal protection obtained by the residents of Paya Angus village who live outside the village because they work in MuaraEnim district is not clearly explained about There is a legal basis and rules that regulate, but customary rights are recognized by law and its application refers to the Basic Agrarian Law and customary law in force in Paya Angus Village so that with an agreement from the village head, the community is still entitled to get rights. Ulayat and obliged to continuously cultivate the lan