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Alkaff, Fitriyah
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Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : AKSIOMA : Jurnal Sains Ekonomi dan Edukasi

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Pergaulan Bebas Menurut Perspektif Hukum Adat dan Hukum Islam Sukri, Ahmad; Pratiwi, Delly; Fadilah, Riska; Syamsiah, Syamsiah; Alkaff, Fitriyah
AKSIOMA : Jurnal Sains Ekonomi dan Edukasi Vol. 1 No. 12 (2024): AKSIOMA : Jurnal Sains, Ekonomi dan Edukasi
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/2076aw24

Abstract

This journal discusses the phenomenon of free association in the context of customary law and Islamic law. Free association, which is characterized by free interaction without the constraints of social and religious norms, is increasingly prevalent in the modern era. This journal analyzes how customary law and Islamic law view free association, as well as the legal and social implications of this phenomenon.  Through literature studies and comparative legal analysis, this journal identifies customary and Islamic legal norms that regulate association between men and women. On the one hand, customary law has a variety of norms that regulate social interaction, including free association, with significant variations between regions. On the other hand, Islamic law has clear principles regarding association between the opposite sex, emphasizing the importance of maintaining chastity and honor.  This journal then discusses the legal and social implications of free association, including the potential for violations of norms, social conflict, and impacts on morality. This journal also highlights efforts that can be made to overcome free association, such as moral education, strengthening cultural values, and fair and effective law enforcement.  This journal is expected to contribute to a more comprehensive understanding of free association in the context of customary law and Islamic law, as well as open up a space for discussion to find appropriate solutions in dealing with this phenomenon.
Relevansi Keberadaan Pidana Penjara dalam Perspektif Hukum Islam dan Hukum Adat Khasanah, Maui Dhotul; Amelia, Marisa; Mutiarani, Diani; Alkaff, Fitriyah; Syamsiah, Syamsiah
AKSIOMA : Jurnal Sains Ekonomi dan Edukasi Vol. 1 No. 12 (2024): AKSIOMA : Jurnal Sains, Ekonomi dan Edukasi
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/gdg62k88

Abstract

Imprisonment is a normal form of sanction applied in the modern legal system. However, its existence is often debated from the perspective of Islamic law and customary law, which have different approaches to upholding justice in redressing violations. This research aims to analyze the concept of imprisonment in Islamic law and customary law, including its normative, philosophical basis and application in society. In Islamic law, the main emphasis is on restorative justice through hudud, qisas, and ta'zir, while customary law places more emphasis on resolutions based on deliberation, peace, and restoration of social relations. This research uses qualitative methods with a normative and sociological approach, and combines analysis of Islamic doctrine, customary nuoma, and legal practices in Indonesia. The results of this research show that imprisonment is not actually regulated in Islamic law or traditional customary law, but its existence can be adjusted as a form of ta'zir or dynamic adaptation of customary law. However, the application of imprisonment must still consider the values ​​of justice, humanity and local wisdom. It is hoped that this research can contribute to the development of criminal law that is harmonious with Islamic values ​​and customs in Indonesia.
Co-Authors Amelia, Marisa Fadilah, Riska Khasanah, Maui Dhotul Mutiarani, Diani Pratiwi, Delly Sukri, Ahmad Syamsiah, Syamsiah