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All Journal Child Education Journal Jurnal Cahaya Mandalika Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab International Journal of Law Society Services Jurnal Pengabdian Masyarakat Berkarya
Mujahidah, Nurul
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Journal : Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab

 1 
Penggantian Biaya Pemanggilan Saksi Berdasarkan Pasal 229 KUHAP di Kabupaten Gowa: Perspektif Hukum Islam Azizah, Nur; Mujahidah, Nurul; Gunawan, Muhammad Safaat; Sofyan, Sofyan; Mulya A, Muh Alyan
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 4 ISSUE 3, SEPTEMBER 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v4i3.43077

Abstract

The subject matter of this study is the Islamic Law view on Reimbursement of Witness Costs in Fulfilling Summons Based on Article 229 of the Code of Criminal Procedure in Gowa District from an Islamic legal perspective. The type of research used in this study is a type of qualitative descriptive field research, as for the approach used, normative juridical and normative theological approaches, then the primary data sources are interviews conducted at the Gowa Police Station, the Gowa Prosecutor's Office and the community who have been witnesses in solving cases in Gowa district. Both secondary data sources are sourced from books, journals, and other sources related to this research. Data collection methods carried out, namely observation, interviews, documentation and literature studies. The results of the research obtained are that the reimbursement of witness summoning costs in Gowa district has not been carried out in accordance with what is stipulated in Article 229 of the Code of Criminal Procedure. The inhibiting factors are because the budget items given each year only increase by a few percent while the increase in the number of cases that occur and those reported soar every year, and causes the reimbursement of witness summoning costs has not been optimally applied. In Islamic law, the reimbursement of the cost of summoning witnesses is not specifically regulated but in the Qur'an is equated with the granting of the right to all to create justice for human beings.
Peraturan Gubernur Nomor 2 Tahun 2025 dan Kebijakan Poligami Aparatur Sipil Negara: Kajian Perbandingan Hukum Positif dan Hukum Islam: A Comparative Study of Positive Law and Islamic Law Gunawan, Muhammad Safaat; Mujahidah, Nurul
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 2, MAY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i2.55532

Abstract

Governor Regulation Number 2 of 2025 regulates the procedures for granting marriage and divorce permits for the State Civil Apparatus in the Special Capital Region of Jakarta, including policies regarding polygamy. In Indonesian positive law, polygamy is permitted with strict requirements, such as the consent of the first wife, urgent reasons, and permission from authorized officials. On the other hand, in Islamic law, polygamy is permitted with a maximum limit of four wives, with the main provision being justice in material and emotional aspects. This study aims to compare the regulation of polygamy in Governor Regulation Number 2 of 2025 with the principles of Islamic law and examine its impact on the State Civil Apparatus and their families. Using a juridical-normative research method and a theological approach, this study referred to positive legal sources such as the Marriage Law and Government Regulations, as well as the arguments in Islamic law that regulated polygamy. The results of the study showed that although positive law and Islamic law both recognize polygamy, there were significant differences in their requirements and implementation. Positive law emphasized strict administrative control to prevent abuse, while Islamic law provided space with conditions of justice that are difficult to fulfill absolutely. Presenting this Governor Regulation as a real effort by the government to control the practice of polygamy in the State Civil Apparatus environment in the Special Capital Region of Jakarta, in order to maintain family stability and the professionalism of civil servants.
A Amnesty and Abolition: Between Political Reconciliation and Justice from an Islamic Legal Perspective: Amnesti dan Abolisi: Antara Rekonsiliasi Politik dan Keadilan dalam Perspektif Hukum Islam Gunawan, Muhammad Safaat; Mujahidah, Nurul; Azizah, Nur; Putra M, Hilton Tarnama; Sofyan, Sofyan
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.60985

Abstract

The discourse on amnesty and abolition in Indonesia has tended to be understood merely as a political legal instrument oriented toward the interests of the state, when in practice there is a tension between the aspects of justice, political reconciliation, and the protection of human rights. The cases of granting amnesty to Hasto Kristiyanto and abolition to Thomas Trikasih Lembong show a gap between the normative basis of positive law and the need for equitable reconciliation. This study aims to analyze the concepts of amnesty and abolition not only as political products, but also as legal instruments that have moral and religious legitimacy. The method used is normative legal research with a legislative, conceptual, historical, and theological approach, supported by primary legal sources, secondary literature, and authoritative references to Islamic jurisprudence. The results of the study show that, conceptually, amnesty and abolition not only serve to ease political conflict, but also have relevance to Islamic legal values. Amnesty can be interpreted as a reflection of the principle of rahmah (mercy) and the restoration of substantive justice through forgiveness and reconciliation, while abolition is in line with the principle of daf‘ al-mafsadah (prevention of harm) as an effort to maintain social stability and national unity. The common ground between the two legal frameworks is that they both view amnesty and abolition not merely as political products, but also as means of achieving justice and national reconciliation. Amnesty and abolition in the perspective of Islamic law can also strengthen the legitimacy of Indonesian positive law while providing a more comprehensive legal protection framework. This study offers an integration of Islamic legal values with positive law in the context of transitional justice, thereby enriching the scientific discourse on the relationship between law, politics, and religion in conflict resolution and national reconciliation in the contemporary era.
Co-Authors Abd. Wafi, Muh Isnain Ahmad Afiif, Ahmad Eka Damayanti Fajar Arwadi Gunawan, Muhammad Safaat HASNAWI HARIS, HASNAWI Hulaifah, Andi Annisa Muanam, Mohamad Khoirul Mulya A, Muh Alyan Nur Azizah Putra M, Hilton Tarnama Sinaga, Hasudungan Sofyan Sofyan Sri Wahyuni Suarlin, Suarlin Yusuf, Burhanudin