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All Journal Al-Ihkam: Jurnal Hukum dan Pranata Sosial Syariah: Jurnal Hukum dan Pemikiran
Kamarusdiana
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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Praktik Penyelesaian Sengketa Keluarga di Kabupaten Kepulauan Seribu ((Studi Peran Tokoh Agama, Masyarakat, dan Aparat Negara) Kamarusdiana; Rasyid, Harun; Ali Imron; Purkon, Arip; Rosyid, Maskur; Suma, M. Amin
Syariah: Jurnal Hukum dan Pemikiran Vol 23 No 2 (2023)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v23i2.11453

Abstract

Divorce outside religious courts often occurs in the Kepulauan Seribu community. As a result, the rights of wives and children after divorce are neglected. This article aims to examine in more depth the factors and resolution of divorce disputes outside of Court. This article is qualitative, with data sources obtained through interviews and document study. This article finds that four factors cause divorce outside religious courts: the location of the Kepulauan Seribu is very far from the site of the North Jakarta Religious Court, the economy, weather conditions and the educational level of the people of the Kepulauan Seribu. The resolution of family disputes is carried out using three processes: deliberations, mediation, and Mobile Sessions conducted by the North Jakarta Religious Court.
Sextortion, Gender, and Digital Crime: A Socio-Legal Comparison between Positive and Islamic Law JM. Muslimin; Shubhan Shodiq; Kamarusdiana; Thamer Hamdi M. Almutairi
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 19 No. 1 (2024)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v19i1.8731

Abstract

Digital sexual violence with the motive of extortion, known as sextortion, is one of the gender-based violence online types that is rampant in nowadays era of technology. The purpose of this study is to analyze (theoretically and empirically) the sextortion while offering progressive socio-legal interpretation solutions. This study is a normative and empirical legal research, employing statutory, case study, interviews, Focus Group Discussion (FGD), and fiqh approach. The data sources both primary and secondary, consist of legal materials, cases, real experiences, and sociological overviews on some relevant points. The data analysis technique used is content analysis, socio-legal explorations, and surveys, namely by examining documents in the form of legislation and related court decisions, expert judgments and empirical views of the purposive expert community. The results of the study show that positive law still has a dual attitude in which digital sexual violence with extortion motives is considered a crime on one hand but resulting in weak sanctions on another. Women are potentially oppressed and extorted, while their cultural defense mechanism is structurally weak. Meanwhile, in Islamic law, sextortion can be categorized as a part of jarīmah (criminal act) with a punishment named ta’zīr, in which the government becomes the one who determines the type of punishment. A progressive socio-legal interpretation is therefore necessary for that specific type of crime.
Co-Authors Ali Imron Arip Purkon Harun Rasyid JM. Muslimin Rosyid, Maskur Shubhan Shodiq Suma, M. Amin Thamer Hamdi M. Almutairi