39 research outputs found
KAJIAN KRITIS KETENTUAN WAKTU TUNGGU (IDDAH) DALAM RUU HMPA BIDANG PERKAWINAN
There are some provisions of Bill on the Religious Courts’ Material Law on marriage that need to be formulated in accordance with the current conditions. In this way, the Islamic Marriage Law in Indonesia will become progressive and not discriminative against women. This article is the continuation of the article entitled “Menuju Hukum Perkawinan Islam Progresif” which is published in Jurnal Hukum dan Peradilan volume 3, number 1, March 2014. In this article, the author tries to offer reinterpretation on the provision of waiting period (‘iddah) in accordance with the current context. As the result, the waiting period should bind both widow and widower.Keywords : waiting period, sex, gender, equality</jats:p
The Status of Muslims in America, 2012
A talk to the 2012 ISNA conference in Dearborn, Michigan. The focus was upon internal and external challenges to Muslims in America. There are three types of external challenges, hostile stereotypes, renegade prosecutors to pursue innocent people, and organized groups who organize orchestrated attacks on Muslims and Islam. The author proposes three strategies for addressing these problems.https://deepblue.lib.umich.edu/bitstream/2027.42/148293/1/StatusOfMuslimsIsna2012.pdfDescription of StatusOfMuslimsIsna2012.pdf : Public Tal
Judges’ Legal Reasoning on Child Protection: Analysis of Religious Courts’ Decisions on the Case of Child Parentage
This paper examines four religious courts’ decisions on child legal status, especially child parentage, after Constitutional Court’s decision on the legal status of child born out of wedlock. The Constitutional Court’s decision has triggered controversy on the rights of child born out of wedlock due to lack of explanation concerning term ‘civil legal relationship with the biological father’. To study the decisions, the author uses legal philosophy approach, both in legal science and Islamic law, focused on legal reasoning used by judges in decisions on child parentage. As the result, the author finds two types of legal reasoning employed by judges of religious courts in dealing with cases of child parentage, doctrinal-deductive legal reasoning and maṣlaḥa based legal reasoning. It argues that the employment of doctrinal-deductive legal reasoning by the judges has not benefitted children and therefore the protection of child’s rights has not been optimally made nd that the employment of maṣlaḥa based legal reasoning by the judges has led to the better protection of child’s rights.
[Tulisan ini membahas empat putusan pengadilan agama terkait status hukum anak, khususnya waris anak, setelah dikeluarkannya putusan Mahkamah Konstitusi (MK) tentang status hukum anak di luar nikah. Putusan MK telah memicu kontroversi karena kesenjangan penjelasan tentang adanya hak perdata seorang anak yang lahir di luar nikah dengan ayah biologisnya. Dalam mengkaji persoalan ini, penulis menggunakan pendekatan filsafat hukum, baik secara ilmiah atau hukum Islam, yang fokus pada argumentasi hukum para hakim dalam kasus hak waris anak. Penulis setidaknya menemukan dua tipe argumentasi yang digunakan para hakim dalam kasus tersebut, yaitu: alasan hukum legal deduktif-doktrinal dan alasan hukum berbasis maṣlaḥah. Tipe yang pertama cenderung melemahkan perlindungan hak anak, sedangkan tipe kedua justru akan menguatkan hak anak.
MENGGALI ‘ILLAT HUKUM PERBEDAAN AGAMA SEBAGAI HALANGAN WARIS
Kompilasi Hukum Islam does not regulate interfaith inheritance distinctly. It only requires the testator and the heirs have the same religion. At court, judges of religious courts employ obligatory bequest (waá¹£iat wÄjibah) to divide inheritance to non-Muslim heirs, based on jurisprudence of the Supreme Court Number 368 K/AG/1995. As the result, different faith still become hindrance for Muslim and non-Muslim to inherit each other due to law enforcement without considering the legal reasoning (ratio legis) of the law. In this case, it is important to investigate the legal reason (ratio legis) of the hadith that prohibits the interfaith inheritance as this article tries to do. To do the investigation, the author employs Islamic legal theories (uṣūl fikih) and hermeneutics approach. As the result, the author comes to the conclusion that the ratio legis of the hadith that prohibits the interfaith inheritance is due to hostility and crime element and not due to different faith.
Keywords: Interfaith Inheritance, Ratio Legis, Equalit
PELANGGARAN PRINSIP KERJA SAMA PADA TUTURAN FUNGSI ILOKUSI DALAM ANIME BLACK BUTLER: BOOK OF THE ATLANTIC アニメ「黒執事: Book of The Atlantic」における協調の原則の 違反の発話内行為的
ABSTRACT
Rizqinnisa, Isnaini. 2019. "Violation of the Principle of Cooperation in Speech Illusion in the Anime Black Butler: Book of the Atlantic". Thesis, S1 Japanese Language and Culture, Faculty of Cultural Sciences, Diponegoro University. Supervisor Reny Wiyatasari, SS, M.Hum
In this thesis, the author examines "Violation of the Principle of Cooperation in Speech Illocutionary Function in Anime Black Butler: Book of the Atlantic. The purpose of this study is to explain the types of violations of the principle of cooperation in speech illocutionary functions and the background of violations in the anime Anime Black Butler: Book of the Atlantic. The author uses the method of recording and recording techniques to record data, then analyzed using the contextual analysis method, and the results of the analysis are presented in an informal method.
Based on the analysis of 15 data found there are 4 types of illocutionary functions. The type of illocutionary function that appears most often is the meaningful collaborative illocutionary function. Found also 2 types of background violations of the principle of cooperation. The most frequent data appears is violating the maxim, which is the speaker prevents the speech partner from finding out the implied meaning.
Keywords: Cooperation Principle, Illocutionary Function, Violation of Cooperation Principl
The theme of story in William Stryron’s the confessions of nat turner novel: Genetic structuralism approach
ABSTRACT
Literary works cannot be separated from people’s life, because it is one of the mediators to get the information of a certain social condition, Hypolite Taine (in Fananie, 2000): 1 7 ا) states that literature is not only imaginative and individual, but it is as picture of culture, the appearance of the idea when the literature is created. Literature exist because people’s hunger of information. Literature could be one of the sharing experience mediators.
Especially novel, it has function as the way to get source of information about the certain society, historical background, and social ethnics. It is also as a media to get some new experiences, knowledges, andjudgements of life.
Novel, however, is conducted by two kinds of elements. They are intrinsic elements; such as theme, plot, character, point of view, setting, etc, and extrinsic elements; such as historical background, social background, political background, author worldview, etc. Both elements give contribution to the quality of novel.
Related to that case, the researcher has to analyze intrinsic elements and extrinsic elements. Although there are many intrinsic elements of fiction, the importance of a whole literary work is theme. William Styron’s The Confessions of Nat Turner is a historical novel that presents the slavery in Virginia in 1831 ’s (19'1 Century). It is consist of four parts that describes the slavery in Virginia. That’s why the research could be related to both intrinsic elements and extrinsic elements. Therefore, the problems of the study can be formulated as; 1) what is the theme found in every part ofWilliam Styron’s The Confessions ofNal Turner novel? 2) How does the author relate the themes in the story with the real social condition in Virginia, North America in I831’s (للاول century) in which the story was composed? The objectives of this study are to find out the theme of the story in every parts in William Styron’s The Confessions of Nat Turner and to describe how does the author relate the themes in the story with the real social condition in Virginia, North America in 1831 's (للاول century).
This research uses literary criticism in analyzing this novel, because it is the only method that is directly related to the literary works. In addition, the research uses the Genetic Structuralism as her approach, because this research related to the extrinsic elements but keep relevant with the intrinsic elements. Those elements are the theme, setting and character of the novel and the real social condition in Virginia, North America in I831’s (الاول century).
As the results of the study, the researcher found the theme of every part of the novel as:
ا . The white people did the violence toward the black people (their slave) that caused the hatred to them.
2. Along his past time (teenager time), being free man was Nat’s dream.
3. The rebellion begun, Nat Turner and his followers planned the rebellion and killed almost all of the white people in Southampton, Virginia.
4. Nat’s death was his return to his God’s love.
After finding these themes, the researcher concluded that the main theme
١٦un٦an right, that’s why no one has The ;freedom is a fundamental s٦\ لاآدع١ا؟ <؟١لأ١ ؟ه
a right to decide how much the freedom another person should have.
The last step, was find out the relationship between the themes in the story and the real social condition in Virginia, North America in 1831 ’s (19ا century). '1 here are three similarities between the theme of the storv and the real social condition in Virginia, North America in I831’s (ول century), they are: related to how the slaves scramble their freedom, the slave rebellion, and the location where the slavery took place.
The first similarity is related to how the slaves scramble their freedom. Styron describes that the black people have never been assumed as the human being, but they were just property, good or animal. All of the black children could not enjoy their teenager time؛ because they have to work all day long. Young girls would usually help in the house. Young boys would help in the farm by bailing hay and loading wagon with crops. Through this novel, Styron depicts pains and sufferings that slaves undergo, 'rhe slave owners do not consider slaves as human being; they consider slaves as things that are not supposed to have feelings and thoughts.
The second similarity which is described by the author arc related to the slave rebellion happened in Southampton and the characters in the story,. The rebellion started on 2 Ist of August and ended on 22nd of August١83 !.The characters appeared in the novel were similar with the real men in the slave rebellion in Virginia. And the victims of the rebellion also stated in the novel, The rebellion was less than 2 days but the victims were about 55 white people, including male, female and children
The last similarity is related to the location where the slavery took place. Styron states in the novel that Nat Turner is in Southampton, Virginia. “This is Virginia in the year anno Domini 1 83 1 and you have labored under civilized and virtuous master.” (Nat, page 46). In 1831’s the slavery was really happened in Virginia.
Although this study is far from being perfect, but this study is hoped to be used as the reference for further researchers who want to analyze in the same field, especially literary works
IDENTIFICATION OF EARTHQUAKE AND TSUNAMI RISK ZONES IN SOUTHERN JAVA USING GRAVITY METHOD
The southern part of Java has a high level of disaster risk because it is affected by a subduction zone where the Indo-Australian plate thrusts beneath the Eurasian plate. Six tsunami events occurred in the southern part of Java, caused by earthquakes in the area, based on BMKG catalogue data from 416 to 2023. Given the very large population on the island of Java, the possibility of causing more casualties is greater. Therefore, it is very necessary to have thorough mitigation preparation to estimate the possibility of areas experiencing a large earthquake that triggers a tsunami. This study aims to determine areas with a high level of earthquake and tsunami risk distribution using the gravity method with data from the TOPEX satellite in the form of free air anomaly data and topographic data. After data processing and an anomaly map were obtained, it showed that areas with a high level of earthquake risk were located around the subduction zone and Java Trench. This is due to the geological conditions of the southern part of Java, located in the subduction zone where many active faults were found
MELACAK ILLAT HUKUM LARANGAN WARIS BEDA AGAMA
AbstrakKompilasi Hukum Islam (KHI) tidak mengatur waris beda agama secara jelas, KHI hanya mensyaratkan pewaris dan ahli waris memiliki agama yang sama. Di pengadilan, hakim-hakim Pengadilan Agama menggunakan wasiat wajibah untuk membagi harta warisan dengan ahli waris non-Muslim, berdasarkan yurisprudensi Mahkamah Agung Nomor 368 K/AG/1995. Sebagai hasilnya, perbedaan agama masih menjadi halangan bagi Muslim dan non-Muslim untuk saling mewarisi karena penerapan hukum tanpa mempertimbangkan illat hukum larangan waris beda agama. Dalam hal ini, penting untuk meneliti illat hukum hadis yang melarang waris beda agama sebagaimana yang dicoba dilakukan oleh artikel ini. Untuk melakukan penelitian tersebut, penulis menggunakan pendekatan usul fikih dan hermeneutika. Hasilnya, penulis sampai pada kesimpulan bahwa illat hukum hadis yang melarang waris beda agama adalah karena unsur permusuhan dan kejahatan, dan bukan karena perbedaan agama. AbstractKompilasi Hukum Islam does not regulate interfaith inheritance distinctly, it only requires the testator and the heirs have the same religion. At court, judges of religious courts employ obligatory bequest (wasiat wajibah) to share inheritance with non-Muslim heirs, based on jurisprudence of the Supreme Court Number 368 K/AG/1995. As the result, different faith still become hindrance for Muslim and non-Muslim to inherit each other due to law enforcement without considering the legal reason (ratio legis) of the law. In this case, it is important to investigate the legal reason (ratio legis) of the hadith that prohibits the interfaith inheritance as this article tries to do. To do the investigation, the author employs Islamic legal theories (usul fikih) and hermeneutics approach. As the result, the author comes to the conclusion that the ratio legis of the hadith that prohibits the interfaith inheritance is due to hostility and crime elements, and not due to different faith
Women Dealing with The Law in Religious Courts
Religious Courts in Indonesia which have special jurisdiction to hear disputes among Muslims are directly involved with the issue of women dealing with the law. Most of the Indonesian women seeking justice in religious court. Hence, it is important to discuss the application of justice and gender equality perspective in religious courts involving women dealing with the law. Employing justice and gender equality perspective, the author discusses some crucial issues including divorce, female witness, child marriage, joint property, polygamy, child custody, child denial, and paternity. It argues that such discussion is important as guidance to judges of religious courts in applying Supreme Court Regulation (PERMA) No. 3/2017 on Guidelines for Hearing the Case of Women Dealing with the Law.
Synthesis of Magnetite-Mg/Al Hydrotalcite and Its Application as Adsorbent for Navy Blue and Yellow F3G Dyes
AbstractSynthesis of magnetite-Mg/Al hydrotalcite (M-Mg/Al HT) and its utilization as adsorbent for mixture dyes (navy blue (NB) and yellow F3G (YF3G) dyes) have been studied. Magnetite, Mg/Al hydrotalcite (Mg/Al HT), and M-Mg/Al HT were synthesized by co-precipitation method. The results showed that M-Mg/Al HT was successfully synthesized by co-precipitation method. M-Mg/Al HT had a higher adsorption capacity for the mixture dyes than Mg/Al HT with adsorption capacity for M-Mg/Al HT was 63.75mg/g and Mg/Al HT was 15.67mg/g. Furthermore, the adsorbents possessed higher adsorption capacity after regenerated and reused. It was reported from the results of adsorption capacity of mixed dyes of both adsorbents before and after calcination process, which are M-Mg/Al HT increased from 63.75 to 81.67mg/g, while Mg/Al HT increased from 15.67 to 81.58mg/g
