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All Journal AT-TAFAHUM: Journal of Islamic Law Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Abdul Hakim
University of Malaya
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Regional Autonomy and Regional Government Abdul Hakim; Fadil Almahdy Hasibuan
AT-TAFAHUM: Journal of Islamic Law Vol 7, No 2 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v7i2.29041

Abstract

Regional autonomy is a crucial pillar of the Indonesian government system, aiming to grant local governments the authority to regulate and manage government affairs based on local potential and needs. The implementation of regional autonomy is expected to improve the effectiveness of governance, the quality of public services, and promote equitable development across regions. However, the implementation of regional autonomy still faces various challenges, particularly in institutional capacity, fiscal independence, and coordination between the central and regional governments. This study aims to examine the concept, legal basis, implementation, and challenges and efforts to strengthen regional autonomy within the Indonesian regional government system. The research method used is library research with a normative juridical approach, emphasizing the study of relevant laws and regulations and scientific literature. The research stages include the collection of primary and secondary legal materials, qualitative analysis through legal interpretation, and the systematic compilation of the study results. The results indicate that regional autonomy has provided space for local governments to exercise authority more independently, particularly in public services and regional development. However, the effectiveness of its implementation is still influenced by limited human resources, fiscal dependence, and weak oversight. Therefore, it is necessary to strengthen institutions, increase fiscal capacity, and maintain sustainable synergy between the central and regional governments so that the goals of regional autonomy can be achieved optimally.
Bipolar Disorder and Child Custody in Indonesian Religious Courts: Operationalizing Sadd al-Dharī‘ah to Balance Child Welfare and Parental Rights Syaifuddin Zuhdi; Lutfi Robiatul Adawiyah; Marisa Kurnianingsih; M Junaidi; Abdul Hakim
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 11 No. 1 (2026): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : Faculty of Sharia, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/alahkam.v11i1.13136

Abstract

As mental health disorders have received more attention from modern-day legal systems, questions about the impact of such disorders in relation to child custody proceedings become increasingly pertinent. One of the controversial questions pertains to whether bipolar disorder may be regarded as a valid reason to restrict or transfer custody rights from one parent to another. This study discusses the legal status of bipolar disorder within cases of child custody litigation before Indonesian Religious Courts and formulates an Islamic legal framework to examine custody cases involving psychosocially disabled parents. Qualitative doctrinal legal research is used as the methodology of the study, and statutory, conceptual, case, and comparative approaches are employed. The findings reveal that there is no reason for bipolar disorder to be automatically considered as an obstacle to child custody. It must be noted that the significance of such a disorder lies in its impact on the ability of parent to provide adequate care to their children as well as posing risks to the welfare of children. To solve this problem, this study operationalizes sadd al-dharī‘ah into four phases of judicial evaluation: taḥqīq al-manāṭ (verification of facts), taqdīr al-mafsadah (risk evaluation), takyīf ḥukmī (classification of the risk into legal terms), and tadbīr muwāzan (balance between the risks and benefits). Thus, this framework allows for conducting evaluations of child custody cases based on rational criteria and at the same time protecting the interests of children. In this way, the this study argues that custody restrictions may only be imposed if there is proof that bipolar disorder poses risks to the safety or health of the child.
Co-Authors Fadil Almahdy Hasibuan Lutfi Robiatul Adawiyah M Junaidi Marisa Kurnianingsih Syaifuddin Zuhdi