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All Journal Asian Journal of Law and Humanity Jurnal Hukum Islam
Eky Fallah Septiani
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Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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State Responsibility in the Case of Forest Fires in Central Kalimantan as the Embodiment of a Welfare-Legal State Tyas Arganing Dini; Trianah Sofiani; Eky Fallah Septiani
Asian Journal of Law and Humanity Vol 3 No 2 (2023)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v3i2.2

Abstract

This research was motivated by the forest fires in Central Kalimantan which were getting worse. The losses experienced by local communities as a result of forest fires have brought the concept of state responsibility into question again. This research aims to find out whether there is neglect of forest fires which causes constitutional rights to have an impact on citizens. As a state, welfare law has not been realized because there is neglect and lack of fulfillment of constitutional rights from the state. Therefore, this research discusses the state's responsibility for forest fires in Central Kalimantan as an embodiment of a welfare state. The aim of this research is to analyze why the state ignored the forest fires in Central Kalimantan and to analyze the implications for the constitutional rights of citizens regarding the state ignoring the forest fires in Central Kalimantan.This research method is normative juridical research using a statutory approach and a conceptual approach. with the type of technique for collecting legal materials with documentation studies with an inventory of statutory regulations. The legal material analysis technique uses prescriptive analysis.The results of the research show that responsibility for forest fires in Indonesia, especially in Central Kalimantan, has been regulated in the 1945 Constitution, but there is still a disregard for the human rights of citizens which results in the community's constitutional rights not being fulfilled and the government not being optimal or weak, which causes forest fires to continue to occur. -continuously. Implications for the constitutional rights of citizens due to neglect by the state in forest fires in Central Kalimantan, the occurrence of forest fires in Central Kalimantan has resulted in the community's constitutional rights not being fulfilled and the absence of laws and regulations that regulate it, so this provides a gap for parties or individuals -certain individuals to carry out arson, as well as overlapping institutions dealing with forest fires in Central Kalimantan.
Pelanggaran Masa Iddah Eky Fallah Septiani; Muhammad Hasan Bisyri
Jurnal Hukum Islam Vol 16 No 1 (2018)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v16i1.1394

Abstract

This present study aims to explore various factors affecting some residents in Pasirkratonkramat village, West Pekalongan sub-district, Pekalongan city in violating ‘iddah’ (a waiting period that must be observed by women after both a divorce and death of their spouse). A qualitative approach presenting data of descriptive analytics was employed in this socio-legal study. The widows who were in the iddah, their husband, and parents participated in this research. This study reveals that all of the nine widows did not apply the iddah appropriately in relation to Islamic law and the compilation of Islamic laws. In reality, the widows were in a relationship, accepted a marriage proposal, or even married the man in the iddah. This fact was due to several factors, namely: low educational, economic, work environmental, and social (lifestyle) backgrounds. Additionally, the results have exposed that the violation of the iddah was caused by the low level of legal awareness performed in this village by regarding four indicators. First, the residents’ knowledge of this paradigm was still low. Second, the people’s understanding did not affirm the rules of iddah asserted in Islamic law. Third, they showed low level of attitudes toward the terms and conditions of iddah. Lastly, their law-based behavior distorted the principles of iddah. Therefore, the legal awareness of the people in this village was categorized into the low level.
Co-Authors Muhammad Hasan Bisyri Trianah Sofiani Tyas Arganing Dini