Dita Purnama sari Sukardi
Universitas Krisnadwipayana

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DINAMIKA PEROLEHAN HAK WARIS ISTRI DALAM PERNIKAHAN TIDAK TERCATAT Dita Purnama sari Sukardi
Journal Social Politics and Humanities Vol. 3 No. 1 (2026): Journal Social Politics And Humanities
Publisher : Education Publisher

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Islamic inheritance law is fundamentally normative-dogmatic in governing an individual’s inheritance rights and shares. However, its practical implementation in society often experiences disparities in understanding, triggering a shift toward a sociological perspective. Based on this phenomenon, this study examines how Islamic inheritance law operates concerning the legal standing and inheritance rights of second and subsequent wives within the context of unregistered marriages (nikah siri). Employing a legal pluralism approach, this research investigates the influence of personal factors, social dynamics, and the coexistence of multiple legal systems. Empirical findings reveal that the operation of Islamic inheritance law is influenced by the social behavior of Muslim individuals in navigating complex social realities. The interaction and mutual intervention among legal systems lead the community to adopt rational and sociological choices in practicing inheritance law. Furthermore, the prevalence of unregistered polygamous marriages results in the loss of a wife’s civil rights. This condition necessitates creative legal-cultural awareness among relevant parties (role occupants) to actively pursue and secure their inheritance entitlements. The study recommends that the legal and judicial systems governing Islamic family law in Indonesia maintain consistency in enforcing regulations to accelerate ideal implementation. Concurrently, the Muslim community must consistently adhere to the formal jurisdiction and legal mechanisms provided by the state to ensure legal certainty.
Menuju Politik Kebajikan (Politics of Virtue): Menggagas Pemerintahan komunitarian  Berbasis Pancasila di Indonesia Dita Purnama Sari Sukardi
Journal Social Politics and Humanities Vol. 1 No. 3 (2025): Journal Social Politics And Humanities
Publisher : Education Publisher

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This article analyzes the relevance of the communitarian approach and the concept of the "Politics of Virtue" pioneered by Michael J. Sandel—within the context of governance in Indonesia. From a communitarian perspective, good governance should not merely act as a "neutral umpire" allowing value-free markets to operate without direction; rather, the government must actively intervene to foster social cohesion. In Indonesia, this approach is manifested through the revitalization of the *Pancasila* values enshrined in the Preamble to the 1945 Constitution of the Republic of Indonesia. Substantively, this provides protection for the community's cultural identity against the threats of extreme individualism. The article argues that reconstructing the state's role as an active and moral entity is key to maintaining national integration amidst the currents of modernity.