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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum MAHAKIM: Journal of Islamic Family Law Jurnal Ragam Pengabdian
Siti Nurhayati
Universitas Islam Negeri Syekh Wasil Kediri
Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Assistive Technology to Fulfill the Digital Human Rights of Persons with Disabilities in Indonesia Siti Nurhayati; Kardi Kardi; Muhammad Fawaizur Rahman; Souad Ezzerouali
Fiat Justisia: Jurnal Ilmu Hukum Vol. 19 No. 4 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v19no4.4461

Abstract

This article analyzes the challenges to achieving digital human rights equality for people with disabilities in Indonesia and evaluates the role of assistive technologies in addressing these issues. Digital human rights are recognized under international law and affirmed by the Indonesian Constitution, which obligates the state to protect and fulfill these rights. Using a normative juridical method based on secondary data and deductive analysis, the research identifies major obstacles, including limited inclusive digital platforms, discrimination, insufficient data on disability populations and needs, restricted access to information, and ongoing rights violations. The findings show that assistive technologies, such as KIAD, Hear Me, DIGI-EDVOT, TeDi, Dif-able, and I-CHAT, significantly enhance digital accessibility for individuals with physical and sensory disabilities. The research recommends that government policies be expanded to provide assistive technologies for people with mental and intellectual disabilities to reduce existing disparities and strengthen digital inclusivity.
Tradisi Ejuduaghi Dalam Mewujudkan Keluarga Sakinah: Analisis Fikih Keluarga Kontemporer Di Kecamatan Omben Madura Hamdan Kifli; Siti Nurhayati; Husnul Yaqin
Jurnal Ragam Pengabdian Vol. 3 No. 2 (2026): Mei-Agustus, Sustainable Development Goals (SDGs): Multidisciplinary Perspectiv
Publisher : Lembaga Teewan Journal Solutions

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62710/g33htt18

Abstract

The ejuduaghi (arranged marriage) tradition is a deeply rooted sociocultural practice in the community of Omben District, Sampang Regency, Madura. This study aims to critically analyze the implementation and underlying factors of the ejuduaghi tradition, its relevance to the realization of a sakinah family, and how contemporary Islamic legal discourse reconstructs this tradition. This research employed a qualitative-empirical field research approach. Primary data were collected through in-depth interviews with 15 informants consisting of individuals involved in ejuduaghi marriages and community leaders. The findings reveal a structural transformation of the ejuduaghi tradition from a strictly endogamous pattern toward exogamous marriages outside the extended family. The primary driving factor is parents' concern for protecting their children’s morality amid the community’s relatively low level of formal education. The study demonstrates that the ejuduaghi tradition has no direct relevance in determining the realization of a sakinah family, as marital success is primarily influenced by psychological readiness, maturity, and effective post-marital communication. Forced early marriages are more vulnerable to divorce and may undermine the protection of life (hifz al-nafs). From the perspective of ushul fiqh, ejuduaghi is classified as 'urf shahih; however, when practiced coercively, the legal maxim dar'u al-mafasid muqaddam 'ala jalbi al-masalih (averting harm takes precedence over acquiring benefits) becomes applicable. Therefore, preserving the ejuduaghi tradition requires a methodological reconstruction by redefining the role of parents from sole decision-makers to facilitators of family deliberation while ensuring the child's free consent as the primary prerequisite for marriage.
Implikasi Hukum Islam dan Hukum Positif terhadap Nikah Misyar Di Indonesia Hamdan Kifli; Siti Nurhayati
MAHAKIM Journal of Islamic Family Law Vol 9 No 2 (2025): December 2025
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v9i2.715

Abstract

The practice of nikah misyar, which involves an agreement to waive basic marital rights such as cohabitation and financial maintenance, raises critical legal concerns regarding the dichotomy between Sharia validity and statutory legal protection in Indonesia. This study is motivated by the heightened vulnerability of wives and children resulting from misyar marriages that are predominantly conducted without official state registration, akin to unregistered marriage. Employing a normative juridical research method with statutory and conceptual approaches, this study examines primary, secondary, and tertiary legal sources through literature review. The findings indicate that nikah misyar is considered valid under Islamic law provided the essential pillars and conditions of marriage are fulfilled, despite lingering controversies regarding gender justice. Based on Law Number 1 of 1974 concerning Marriage, a marriage that is not registered has no binding legal force. The absence of legal recognition causes adverse consequences, including the forfeiture of spousal maintenance, deprivation of the wife's inheritance rights, and ambiguity in the child's civil status. These findings highlight the significant need for stricter marriage registration enforcement to guarantee legal certainty, protect women's and children's rights, and prevent the misuse of marriage in Indonesia.
Co-Authors Hamdan Kifli Husnul Yaqin Kardi Kardi Muhammad Fawaizur Rahman Souad Ezzerouali