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Guaranteeing Women’s Freedom under the Constitution: Gender Analysis of Qânûn Practices in Aceh Anggriani, Jum; Abdullah, Ali; Cahyawati, Dwi Putri; Dahlan, Ahmad; Fahriani, Ipak
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 2 (2025): in Press
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i2.32394

Abstract

This article analyses and critiques the practice of qânûn in Aceh on guaranteeing women's freedom. Research data were collected from library research, including primary data obtained from scientific publications in journals, books, and proceedings on six qânûn documents in Aceh; secondary data consist of laws and regulations. The data were also gathered from interviews with Acehnese figures who were familiar with qânûn, Islamic law, and Acehnese customs. The analysis method refers to a descriptive-qualitative approach that combines doctrinal-normative and socio-legal analysis. The results show that all qânûn in Aceh are normatively valid legal products, as the Regional People's Representative Council ratifies them. However, their formulation and ratification reveal gender bias, as only 5% of female legislators have been involved, and in some regions, the percentage of female members remains at 0% until 2024. In its implementation, gender bias is also considered to be obvious, particularly in the application of caning punishment in public places, which gives social pressure on women, leaving women's interests not fully affirmed. The interviews with Acehnese figures suggest that qânûn is essentially a recognition of the synergy having existed since ancient times, when Aceh was still a kingdom where Islamic law and customary practices in Acehnese society placed women in policymaking roles.
Burial System in Karakelang Island, Talaud Regency, North Sulawesi Fahriani, Ipak; Sari, Vivi Sandra
KALPATARU Vol. 32 No. 2 (2023)
Publisher : Badan Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55981/kpt.2023.748

Abstract

Karakelang is an island which administratively located in Talaud Islands Regency, North Sulawesi. As one of the migration entrances of immigrants from the north of Indonesia islands, Talaud has become a quite wide area of prehistorical findings site dispersion and various activities that occurred in Talaud that provide the proof of civilization. One of the civilization heritages is burial system. This writing aims to explore the burial system in Karakelang Island in the past by looking at the site dispersion potential of occupancy area. The data were collected through survey and excavation. The research result shows that the collected occupancy sites in Karakelang reflect the burial activities in this area. The dispersion of occupancy site and burial system in Karakelang Island were parts of adaptation system of the people in Karakelang Island. It was mostly influenced by the natural resources that closely related to the developed local culture in Talaud.