Nurani: Jurnal Kajian Syari'ah dan Masyarakat
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The Link Between Hate Speech and Terrorism: A Critical Analysis of Indonesia’s Legal Framework
Full text linkHate speech and terrorism are two forms of crime that are similar in their discriminatory nature. The efforts to address these crimes are of significant importance, as they starkly contrast with the values that Indonesia holds dear and present serious threats to its multicultural society. This study aims to explore the correlation between hate speech and terrorism and to explain how this correlation may assist in the development of a legal framework that better addresses both issues. The research employed a normative legal approach to analyze the existing positive laws regarding hate speech and terrorism, aiming to identify correlations between the two. This normative legal research utilized a combined statutory approach, employing primary law sources as secondary data. The analysis revealed normative issues within the Indonesian legal framework that restrict the criminalization of offenses that fall between the legal definitions of hate speech and terrorism. These issues need to be addressed as an important step in Indonesia’s legal development to realize a safe society for all Indonesians
Community Service Order Punishment: Alternatives in The Criminal Law System From Maqāṣid al-Sharīʿah Perspective
Full text linkThis study aims to analyze Community Service Order (CSO) punishment within the criminal law system through the lens of Islamic law, using a multi-dimensional approach. As an alternative to detention, CSO punishment is expected not only to achieve the rehabilitation of offenders but also to provide broader benefits to society. This study explores how the concept of maqāṣid al-sharīʿah with a multi-dimensionality approach—which includes social, economic, and cultural analysis—by looking at the relevance of maqāṣid al-sharīʿah and a comprehensive view of the concept of community service order punishment to achieve a balance between justice, rehabilitation, and social welfare. A multi-dimensionality approach is used to study community service order punishment from social, economic and cultural aspects. The results of the study show that Community Service Order Punishment are not only in line with the principles of maqāṣid al-sharīʿah, but also have the potential to increase the effectiveness of the rehabilitation of perpetrators, reduce detention costs, and increase the positive contribution of perpetrators to society. This study concludes that Community Service Order Punishment can be a more humane and effective alternative in the criminal law system, which is in line with Islamic values and supports the welfare goals of society as a whole
G Gender Analysis: of Polygamy Permit Based on the Reason of Benefit: (Case Study of Verdict Number: 0779/Pdt.G/2019/PA.Pwt)"
No full textCase Number 0779/Pdt.G/2019/PA.Pwt is interesting to discus because int his case, the applicant\u27s first wife allowed her husband to practice polygamy despite the fact that she can carry out her obligations as a wife, give birth, and she is not disabled or suffering from an incurable disease ( as the conditions contained in the Compilation of Islamic Law). The purpose of this paper is to examine the maslaha of the first wife in allowing polygamy. This research is classified as normative legal research, with a case study approach and some literature reviews derived from laws and regulations, books, official documents, journals, and research findings. The data sources used in this research are primary, secondary, and tertiary data sources. This research shows that the judge\u27s consideration is based on the main reason of the applicant, husband, for asking polygamy because his wife is deemed unable to fulfill his Biological needs regularly which only fulfill for once or twice per week. Because of this, the court argue that the applicant’s proposal for polygamy has satisfied the provisions of Article 4 paragraph (2) letter A of Law No. 1 year 1974 concerning Marriage which is in line with the provisions of Article 57 letter A Compilation of Islamic. From the gender analysis, the decision did not show justice for the respondent, it was normal for biological relations to be fulfilled twice in one week, but the judge did not see the side of the applicant who experienced hypersex, however, the respondent still stated that he did not mind polygamy
Ijtihad of the Companions in Determining Grandfather\u27s Inheritance Rights with Brothers and Sisters
Full text linkThe rule on the part inherited by the grandfather together with the siblings of the testator is not found at all from the nagli arguments in the Qur\u27an or as-Sunnah. The provisions of their share are found through the ijtihad of the Companions. The ijtihad of the Companions has differences with each other. Thus, it is important to conduct an in-depth study of the ijtihad of the Companions. The issue to be discussed in this research is how the grandfather\u27s share of inheritance rights if he is with brothers and sisters based on the ijtihad of the Companions. The purpose of the research is to conduct a study of the grandfather\u27s share of inheritance if he is with brothers and sisters according to the ijtihad of the Companions. This research uses a type of qualitative research whose data comes from secondary data. Documentation study was chosen in collecting data, while data analysis was carried out in three stages, namely data reduction, data verification and data presentation. The results of this study reveal that there are still things that require ijtihad in resolving the issue of grandfather\u27s share of inheritance with the inheritor\u27s siblings that occur in the community. The findings are based on the example of calculating inheritance according to the opinions of Abu Bakr, Zaid bin Tsabit, Umar and Ibn Mas\u27ud
Implementation of Taukil Wali at the KUA of Jati District, Kudus Regency from the Perspective of Minister of Religious Affairs Regulation Number 20 of 2019
Full text linkThe role of the guardian in marriage is an important pillar that must be fulfilled. In the event that the guardian is unable to attend the ceremony, representation can be made by the Head of the Sub-district KUA or Penghulu. The practice of "taukil wali" in Jati Sub-district is quite common, sometimes for justifiable reasons and sometimes without valid reasons. This research aims to explore the implementation of "taukil wali" in the KUA of Jati Sub-district in accordance with the Regulation of the Minister of Religious Affairs Number 20 of 2019. This research takes a Juridical Empirical approach, involving fieldwork to collect data on the application of "taukil wali" in the jurisdiction of KUA Jati, analyzed based on PMA Number 20 of 2019. The findings show that the application of "taukil wali" in KUA Jati is in accordance with the regulation. However, there are consequences that must be considered if the appointed guardian is not valid. Among them is the potential annulment of the marriage, which results in the absence of legal rights and obligations for the parties involved and the possibility of legal action. Even if the nasab guardian does not know the condition of the prospective bride, taukil wali is still carried out using taukil wali bil kitabah, in accordance with the provisions of PMA Number 20 of 2019
Al-Maslahat and Development of Islamic Law
Full text linkThe Topic of this article/research is “Al-Maslahat And Development of Islamic Law”. There are three main problems which is attractive to elaborate in this article, namely; First, How are the essence and existence of al-Maslahat? Second, How is the al-Maslahat become a basic for development of Islamic law? And the third, How is the function and position of al-Maslahat for Islamic law product? Talking about Al-Maslahat is one object and very attractive in study of Islamic law theory. And it is important part that related with the Maqashid al-Syari’ah. The method that used in this writing/research is “The al-Tasyri’-methode by using “Istishlahiy approach”. Many of Muslims Scholars or the Experts of Regulation of Islamic jurisprudence-wheather at classic era or nowadays—are talking about the existence and position al-Maslahat in Islamic law regulation by using Istishlahiy approach. According to the experts of Islamic Jurisprudence, al-Maslahat can be used as the cause or ratio legis (al-‘Illat) in determining Islamic law regulation. And sometimes, al-Maslahat often called by al-Istidlal, namely logic argumentation or logical reasoning. Through this article/research, we found that al-Maslahat, beside it is functioned as part of method In Islamic law theory but it is also used to develop Islamic law it self. And al-Maslahat is used very widest in determining and development of Islamic law, especially concerning with the contemporary issues. So Imam Malik ever said that where ever you get advantageous and it is not contrary with the content of al-Quran wa al---Sunnah, that is al-Syari’ah (Islamic law)
Local Wisdom Becomes the Commander in Criminal Resolution
Full text linkSettlement of criminal cases through peaceful means is highly recommended, especially in minor criminal cases. This is important so that cases do not accumulate. This method is widely applied in customary law which prioritizes restorative justice. However, not all customs that exist in society can be accepted by Islamic law. Therefore, this research conducted a study of the "tepung tawar" custom that exists in the Ibul Village community. The research uses a qualitative type with a field research model. The data processed consists of primary, secondary and tertiary data. The research was conducted in Ibul Village, Belida Darat subdistrict. The results of the research reveal that in the tepung tawar tradition there is a very high element of forgiveness. This aims to ensure that there are no grudges between the disputing parties, so that they can continue to live peacefully side by side in society. In the Ibul village community, it is customary for "tepung tawar" to be the commander-in-chief in resolving criminal cases of abuse. There are no elements that conflict with Islamic law in this customary practice, so the "tepung tawar" custom is included in the al-‘urf al-shahihah category so it can be accepted as a legal basis
The Phenomenon of Political Dynasty in Regional Head Elections in Indonesia
Full text linkDirect regional head elections (Pilkada) provide opportunities for civilian circles to become candidates for regional heads, but this has created a new problem, namely the rampant phenomenon of dynasty politics. This condition is quite concerning, not only because incumbent families participate in the replacement, but also due to the negative effects of the desire for power. Therefore, it is necessary to analyze why the phenomenon of dynasty politics emerges and its influence on the implementation of Pilkada. Additionally, it is important to analyze how this phenomenon is viewed from the perspectives of human rights, law, and justice. This is in line with the research objective, which is to analyze the causes of the emergence of dynasty politics and its influence on Pilkada, as well as to analyze the phenomenon from various perspectives. The research method used is socio-legal. The conclusion drawn is that the emergence of dynasty politics is due to the recruitment function of political parties not being based on quality and the weakness of regulations. This has consequences for the implementation of Pilkada, resulting in candidates who are of lower quality and competence. From a human rights perspective, the regulations regarding dynasty politics may indeed violate human rights, but considering the widespread phenomenon of dynasty politics, it is not excessive to establish rules similar to those previously included in Law Number 8 of 2015. From a legal perspective, election laws and political parties should also be improved. All of these efforts are intended to prevent the further spread of dynasty politics, as it can result in injustice for other individuals who wish to run for office
Problems of a New Paradigm in the Legal Village Asset Management
Full text linkIndependent management of village assets in order to make the village the main locomotive for the welfare of the village community is a necessity, while the purpose of this study is to find out how the new paradigm in village asset management and what is a problem in village asset management. This research method uses a type of normative legal research with a statutory approach and a conceptual approach. By collecting legal materials that are relevant to the issues raised and read and then grouped before being interpreted and analyzed using qualitative methods. This research concluded that the new paradigm in village asset management must be understood by all village asset management power holders so that village assets can be managed optimally to increase the potential source of village income so that it becomes an independent village. However, the new paradigm still causes problems including the old mindset in managing village assets and the still weak supervision in the management of village assets and the data collection of village assets that are not optimal, not to mention the conditions where inhumanity in the management of village assets by the holders of village asset management power For this reason, it is necessary to encourage technology-based village asset management management (digitalization) so that there are the same standards, the same perspective in village asset management , so as to give birth to the creativity of village asset management power holders in optimizing the potential of their village assets independently so that the village becomes a locomotive of development and equitable distribution of the welfare of the rural community
Crime of the Personal Closeness: Characteristics Perpetrators of Child Sexual Abuse
Full text linkThe characteristics of perpetrators of sexual abuse against children appear in complex patterns of relationships. Studies that had discussed this phenomenon have only focused on the existence of victims, so they have not comprehensively explained the characteristics of the perpetrators. This study focuses on the question "How are the characteristics of perpetrators of sexual abuse against children?" To answer this question, this study uses a qualitative descriptive approach in exploring cases of sexual abuse against children through online media coverage. The reading of the news is focused on news headlines that contain cases, victims, and perpetrators of sexual abuse against children. Important findings in this study show that the perpetrators of sexual abuse against children are not least carried out by those closest to the child biologically, socially, and structurally, such as parents, neighbors, and teachers at school. Based on these findings, it is possible to formulate a concept of the crime of personal closeness as a contribution to this study. This study also recommends the importance of comparing cases, victims, and perpetrators of sexual abuse by interviewing groups of girls and boys on a more macro and more empirical basis