Article Per Year (5 Year)
p-Index From 2021 - 2026
0.61
P-Index
This Author published in this journals
All Journal Jurnal Antologi Hukum Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Lukman Santoso
Universitas Islam Negeri Kiai Ageng Muhammad Besari Ponorogo
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
Fragmented Legal Protection in Child Marriage Prevention: Intersections of State Law, Religious Norms, and Local Values in East Java Lukman Santoso; Khaidarulloh Khaidarulloh; Muh Jihad Al Haqiqi
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.v11i1.14103

Abstract

This article aims to explore the ambiguity in the implementation of policies to prevent child marriage in East Java. Although Law No. 16 of 2019 has raised the minimum age for marriage, the number of requests for marriage dispensations remains high. This legal research uses a socio-legal approach and normative-empirical analysis of the discourse on preventing child marriage in East Java. Using Clifford Geertz's broker-culture theory, this study captures how religious elites and local figures act as cultural brokers who bridge and transform the meaning of national legal norms into the value framework of local communities. Boaventura de Sousa Santos' theory of interlegality helps map the overlap between state law, religious law, and customary norms that form a hybrid legal structure in the practice of granting marriage dispensations. This study finds that the misalignment between national law, local norms, and socio-religious authorities has led to fragmented legal protection for children. This situation is exacerbated by the absence of effective binding local regulations and the state's weak capacity to intervene in religious discourse and social practices surrounding child marriage. This study contributes to an inclusive-collaborative approach to preventing child marriage through a framework of legal glocalisation, namely: proactive policies, integrated empowerment, and equal multi-stakeholder synergy, including local governments, the Ministry of Religious Affairs, health workers, peer counsellors, families, civil society, the Indonesian Ulema Council (MUI), and religious leaders.
Kewajiban Menanam Pohon sebagai Syarat Pernikahan Perspektif Hukum Perkawinan Islam dan Teori Tujuan Hukum Gustav Radbruch Ulil Bahrul Fadli; Lukman Santoso
Jurnal Antologi Hukum Vol. 6 No. 1 (2026): In Press
Publisher : Fakultas Syariah Universitas Islam Negeri Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/antologihukum.v6i1.4332

Abstract

Humans need the environment, just as the environment needs humans. This shows that humans and the environment influence each other. The implementation of the Magetan Regent's regulation on the Mandatory Tree Planting Movement provides broad benefits, such as fostering a sense of shared responsibility and creating job opportunities. On the other hand, in its implementation, the location for planting trees and the size of the trees are not specified. This creates uncertainty that impacts the legal certainty created by the regulation. The research method used in this study is a qualitative descriptive research method with field research and a normative approach. The research questions in this study are (1) What are the implications of Magetan Regent Regulation No. 11 of 2020 concerning the Mandatory Tree Planting Movement on marriage from the perspective of Gustav Radbruch's Theory of Legal Purpose in Bibis Village, Sukomoro District, Magetan Regency? (2) How is the implementation of the obligation to plant trees as a condition for marriage according to Gustav Radbruch's Theory of Legal Purpose in Sukomoro District, Magetan Regency? Although it is not listed in the valid and harmonious requirements for marriage, it does not deviate from or violate any norms in any aspect. The implementation of public policy has been carried out well, starting from good communication and adequate resources.
Larangan Jual Beli Pakaian Bekas Impor (Thrift) dalam Regulasi Perdagangan: Perspektif Hukum Islam pada Praktik Perdagangan di Pasar Tugu Pahlawan Pagi Surabaya Muhammad Gasa Pratama; Lukman Santoso
Jurnal Antologi Hukum Vol. 5 No. 2 (2025)
Publisher : Fakultas Syariah Universitas Islam Negeri Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/antologihukum.v5i2.4487

Abstract

The phenomenon of trading imported second-hand clothing (thrift) has become increasingly popular among various segments of society, despite being prohibited under Law Number 7 of 2014 on Trade and Regulation of the Minister of Trade Number 20 of 2022. In practice, such activities remain prevalent at the Tugu Pahlawan Morning Market in Surabaya. This study aims to analyze the practice of trading imported second-hand clothing based on the concept of maslahah and to examine the implementation of trade regulations concerning this prohibition. This research employs a qualitative method with an empirical approach, utilizing observation, interviews, and documentation for data collection. The findings indicate that the practice of trading imported second-hand clothing provides benefits for both sellers and buyers and fulfills elements of maslahah in terms of dharuriyah, hajiyah, and tahsiniyah. However, when viewed from the perspective of maslahah ‘ammah, the government’s prohibition seeks to realize broader public welfare and therefore should be prioritized. Furthermore, the implementation of trade regulations by the East Java Provincial Office of Industry and Trade and law enforcement authorities has not been effective, as enforcement has been limited to socialization efforts without the imposition of strict sanctions. Obstacles to implementation include regulatory constraints, limited authority, insufficient human resources, and low public awareness.
Co-Authors Khaidarulloh Khaidarulloh Muh Jihad Al Haqiqi Muhammad Gasa Pratama Ulil Bahrul Fadli