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Penetapan Teori Tahkim dalam Penyelesaian Sengketa Hak Anak (Hadlanah) di Luar Pengadilan Menurut Hukum Islam Jauhari, Iman
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 45 No 2 (2011)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v45i2.20

Abstract

Tujuan penulisan ini adalah untuk menjelaskan pengaturan hukum positif tentang hak asuh anak (hadhanah) di Indonesia. Menjelaskan pandangan hukum Islam dalam penyelesaian sengketa hak asuh anak (hadhanah) diluar pengadilan, dan penerapan teori tahkim untuk penyelesaian sengketa  hadhanah dalam hukum positif. Metode yang digunakan dalam penulisan ini adalah content analysis(analisis isi) dari berbagai referensi yang relevan dengan permasalahan yang dibahas. Pandangan Hukum Islam dalam penyelesaian sengketa hak asuh anak di luar pengadilan tidak hanya mengacu pada peraturan perundangan-undangan saja, tetapi harus memperhatikan nilai-nilai hukum masyarakat, kaidahkaidah agama, lingkungan dari ayah dan ibu yang akan diberi hak hadhanah, demi kemaslahatan diri anak yang akan menjadi asuhannya. Penerapan teori  tahkim dalam penyelesaian sengketa hadhanahsangat efektif, cepat, murah dan memenuhi rasa keadilan dalam menemukan kemaslahatan anak.
Kewajiban Nafkah Hadanah Dan Rada'ah Terhadap Anak Di Indonesia Jauhari, Iman
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 46 No 2 (2012)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v46i2.48

Abstract

Effect of  busy  parents often  neglected  duty  towards their  children.  So  in  this  paper  a  problem  concerning maintenance obligations hadanah  and rada'ah for children. The method  used  is  the  approach  to  library  research  with  content analysis  of  the various  references  relevant to  the subject matter covered.  Parents are  obliged to provide  a living  hadanah  against children because a child needs someone who can nurture, guide and  educate  well.  Obligations of  parents  towards  children  has been started  from the time  the fetus  until the baby  where  the mother  is obliged to  provide  a living  rada'ah  (feeding  the baby) in addition  to  the health  of the baby  also  for the health of  the mother.  In  Islam  keeping  the  kemaslahatan  and  survival  of  a child  is a  parental responsibility,  which should not be  ignored either by the mother or father.
Perbandingan Sistem Hukum Perlindungan Anak Antara Indonesia Dan Malaysia Jauhari, Iman
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47 No 2 (2013)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v47i2.70

Abstract

This paper aims to compare child protection law between Indonesia and Malaysia especially in terms of family law (marriage), child definition and age limit, as well as other foundational principles. Content analysis method of a variety of relevant references is used and a comparative approach to child protection law in Indonesia and Malaysia is taken. There are many similarities between child protection law in Malaysia and Indonesia, in which both systems specify the state, family, and parents responsibilities towards children. Also specified are handling of child’s position, guardianship, rearing, adoption, religion, and abandonment. In addition, special protection such as maintenance, recovery, custody, care, investigation, nursing, education, prevention of economic exploitation, prevention of sexual abuse, prevention of child torture, and disability treatment are also included. This paper concludes that in Malaysia child protection law has been fully synthesised in Children Act of 2001 (Act 611), while in Indonesia child protection law is scattered in a number of laws related to children including the Child Protection Law.
Reinterpreting Islamic Inheritance: Supreme Court Jurisprudence and Gender Justice in Indonesia Roslina, Roslina; Abbas, Syahrizal; Ismail, Ilyas; Jauhari, Iman
Jurnal Ilmiah Peuradeun Vol. 13 No. 3 (2025): Jurnal Ilmiah Peuradeun
Publisher : SCAD Independent

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26811/peuradeun.v13i3.1593

Abstract

The implementation of Islamic inheritance law in Indonesia continues to face interpretive challenges in balancing classical jurisprudence with contemporary demands for gender justice. This study examines how the Indonesian Supreme Court, through landmark decisions—Decision No. 86 K/AG/1994 and Decision No. 184 K/AG/1995—has redefined inheritance principles by granting daughters the legal authority to block the inheritance rights of the testator’s siblings. Employing a normative–juridical approach that integrates statutory, conceptual, and case-based analyses, this research explores the Court’s interpretive reliance on Ibn ʿAbbās’s minority opinion concerning Qur’an 4:176, which equates the inheritance positions of sons and daughters. The findings reveal that the Court’s jurisprudence prioritizes genealogical proximity (qarābah al-dam) over gender preference, thereby reconfiguring inheritance distribution and affirming daughters as residuary heirs (ʿaṣabah). This reinterpretation represents a progressive form of ijtihād qaḍāʾī that harmonizes Islamic law with constitutional principles of equality and justice. Academically, the study contributes a contextual model for integrating maqāṣid al-sharīʿah and civic reason within Indonesia’s plural legal framework; practically, it offers a reference for reforming the Compilation of Islamic Law and advancing gender-equitable inheritance jurisprudence across Muslim-majority societies.
Power of Power To Sell as Collateral Confiscation In Debt Repayment Based on The Debt Recognition Deed Tasia Zein, Tia; Jauhari, Iman; Rahmah, Siti
Asian Journal of Social and Humanities Vol. 2 No. 5 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i5.247

Abstract

The purpose of this study is to determine the power of power to sell as collateral confiscation in debt repayment based on the debt recognition deedDeed of Debt Recognition is a deed made by a notary in the form of a Grosse Deed containing the irah-irah "For Justice Based on the One and Only God" which means it has the same executory power as the Court Decision. However, in practice the Deed of Debt Recognition is made followed by the preparation of the Deed of Power of Attorney to Sell as a new deed, even though one form of legal protection outside of the guarantee institution is the making of the Grosse Deed of Debt Recognition. Thus, it is interesting to study further why the use of the power to sell is used as a guarantee for debt repayment under the Deed of Debt Recognition is more desirable and how the form of legal protection for debtors defaults and settlement of disputes arising from the Deed of Power to Sell. This research uses normative legal research types and qualitative methods. The result of the study is that the parties prefer to use the Power of Attorney to Sell because it does not go through a long procedure, does not take time and does not incur more costs. The legal protection obtained by the defaulting debtor is to obtain the remaining proceeds from the sale of collateral and the selling price of the collateral which must not be below the value of the collateral that should be, and the creditor must not have a collateral object if the debtor defaults.
From Pinocchio to Pancasila: A Comparative Study of International Literary Values and Indonesian Culture Ananto, Gigih Dwi; Iman Jauhari; Pigai, Zeth Kinaukaga
International Journal of Sustainable English Language, Education, and Science Vol. 2 No. 2 (2025)
Publisher : Universitas Kristen Cipta Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71131/717eqj44

Abstract

This study examines the moral values embedded in the Western children’s narrative Pinocchio and evaluates their compatibility with Indonesian cultural ethics. While Western stories have long been introduced into Indonesian classrooms and media, limited research has critically analyzed how their underlying cultural norms interact with local values. Using qualitative content analysis based on Ary et al.’s research framework, this study analyzed five thematic constructs found in Pinocchio—honesty, obedience to parents, responsibility, helping others, and identity formation—against Indonesian moral principles rooted in budi pekerti, communal harmony, filial duty, and social responsibility. Findings indicate that although Pinocchio shares universal virtues relevant to Indonesian culture, tensions arise in how these values are conveyed. Western narratives frame moral development as individualistic self-realization through rebellion and personal consequence, whereas Indonesian ethics view character formation as relational, socially mediated, and spiritually grounded. The study concludes that Pinocchio can reinforce Indonesian character education when culturally interpreted rather than directly adopted. It recommends culturally responsive pedagogy where educators guide students to reinterpret global literature through Indonesian values, enabling foreign narratives to enrich rather than contradict local moral identity. The study contributes to cross-cultural literary analysis, character education discourse, and curriculum development in multicultural contexts.
Mastering Students’ Public Speaking Skill Through Psycholinguistic Aspect Using Qualitative Method Yasin, Mohammad Ilham; Iman Jauhari; Gigih Dwi Ananto; Nur Laila Fitria
International Journal of Sustainable English Language, Education, and Science Vol. 2 No. 2 (2025)
Publisher : Universitas Kristen Cipta Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71131/ahd85y46

Abstract

One of the most important communication skills that university students need to learn in order to be successful in their studies and careers is public speaking. Nonetheless, many students continue to experience psychological and linguistic obstacles, such as anxiety, a limited vocabulary, and trouble expressing their ideas orally. There is a paucity of research that takes a holistic approach to understanding how psycholinguistic mechanisms affect students' performance in public speaking, since current studies tend to concentrate on linguistic and pedagogical approaches separately. This study seeks to close this gap by examining how psycholinguistic variables—namely, cognitive processing, speech production processes, and emotional components—contribute to the development of students' public speaking abilities. The qualitative descriptive approach used in this study includes intentionally selecting students studying English Literature who have taken classes related to public speaking. Semi-structured interviews, classroom observations, and paperwork were used to gather the data. Miles and Huberman's interactive method, which involves data reduction, data presentation, and conclusion drawing, was used to evaluate the acquired data. According to the results, students' oral performance improves as they learn to manage their anxiety and become more conscious of psycholinguistics, which helps them with lexical retrieval, speech planning, and fluency. Using psycholinguistic-based approaches in instruction improves students' verbal expression and self-assurance. In order to advance public speaking proficiency, future research is advised to create training models based on psycholinguistics.
Optimizing the Legal Framework of Digital Population Identity Within the Legal System and Public Service Delivery: an Empirical Study in Aceh Besar Regency Maulya Ulfah; Husni Husni; Iman Jauhari
International Journal of Law, Crime and Justice Vol. 3 No. 2 (2026): June: International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v3i2.996

Abstract

Digital Population Identity (DPI) is a digital transformation policy in the field of civil registration aimed at enhancing the effectiveness and efficiency of public service delivery. However, its implementation in Aceh Besar Regency continues to face a range of challenges, limiting its optimal utilization. This study examines the legal framework governing DPI, identifies the obstacles encountered in its implementation, and formulates strategies for strengthening its legal regulation within the public service system of Aceh Besar Regency. The research employs an empirical legal method with a socio-legal approach. Data were collected through interviews with relevant stakeholders and supported by a literature review of statutory regulations, books, academic journals, and other relevant legal sources. The findings indicate that the legal framework for DPI, as regulated under Minister of Home Affairs Regulation Number 72 of 2022, has not yet provided sufficient legal certainty, particularly because it does not explicitly require public service institutions to recognize and accept DPI. Its implementation is further constrained by limited financial and institutional capacity, inadequacies within the regulatory framework, and low public acceptance, all of which contribute to the low rate of DPI activation in Aceh Besar Regency. To address these challenges, the study recommends strengthening local regulations, harmonizing personal data protection policies, enhancing institutional capacity, expanding public outreach programs, and reinforcing oversight mechanisms to support the development of an effective, accountable, and inclusive digital public service system.
Rewriting Folklore Through Self-Narrative and Digital Content Creation Workshops among English Literature Students Gigih Dwiananto; Iman Jauhari; Abd Ghofar
⁠International Journal of Asia Pacific Community Service Vol. 3 No. 1 (2026)
Publisher : Universitas Kristen Cipta Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71131/h9111610

Abstract

This community engagement program aimed to enhance students’ understanding of digital folklore and encourage the reconstruction and expression of cultural identity through self-narrative practices and digital content creation. The program involved sixth-semester CWCU students of the English Literature Study Program from diverse cultural backgrounds. The implementation consisted of two main stages: a brief lecture on digital folklore and workshops on self-narrative and digital content creation. During the workshop sessions, participants were asked to write folktales originating from their respective regions and subsequently adapt them into social media content in visual and audio-visual formats. The results demonstrated that participants showed increased understanding of folklore transformation in the digital era and were able to reflect their cultural identities through creative social media-based practices. Furthermore, the program facilitated intercultural exchange among participants and improved digital literacy in the context of preserving local culture. Therefore, self-narrative-based digital folklore workshops can serve as a relevant educational strategy for integrating cultural preservation, digital creativity, and multicultural identity development within higher education contexts.
A Juridical Analysis of Unregistered Marriage Agreements at the Marriage Registration Office Chairul Yunadi; Teuku Saiful; Iman Jauhari
International Journal of Law, Crime and Justice Vol. 3 No. 3 (2026): September: International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v3i3.1014

Abstract

Marriage agreements are agreements entered into before or after marriage that generally regulate the separation of marital assets. Under Article 147 of the Indonesian Civil Code and Article 29 of the Marriage Law, such agreements must be executed in the form of a notarial deed and registered with the Marriage Registration Office to be legally binding upon third parties. In practice, however, many spouses fail to register their marriage agreements, creating potential legal uncertainty. This study aims to analyze the legal consequences of unregistered marriage agreements and examine the responsibility of notaries in preventing such situations. The research employs a normative juridical method using statutory, case, and conceptual approaches. Primary, secondary, and tertiary legal materials were analyzed qualitatively. The findings reveal that an unregistered marriage agreement remains valid and binding only between the spouses but has no legal effect on third parties, as stipulated in Article 152 of the Indonesian Civil Code. Notaries are responsible not only for drafting marriage agreement deeds but also for providing legal counseling to ensure their registration with the Civil Registration Office or the Office of Religious Affairs. Therefore, spouses should register their marriage agreements to ensure legal certainty and protection for all parties.