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All Journal DE JURE EGALITA Dimas: Jurnal Pemikiran Agama untuk Pemberdayaan Justitia Kodifikasia: Jurnal Penelitian Islam Musawa : Jurnal Studi Gender dan Islam Jurnal Ilmiah Hukum LEGALITY SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Jurnal Darussalam: Jurnal Pendidikan, Komunikasi dan Pemikiran Hukum Islam Al-'Adl MUWAZAH: Jurnal Kajian Gender Al-Syakhsiyyah : Journal of Law and Family Studies Jurnal Al-Hakim : Jurnal Ilmiah Mahasiswa Studi Syariah, Hukum dan Filantropi BUANA GENDER : Jurnal Studi Gender dan Anak Al-Bayyinah Engagement: Jurnal Pengabdian Kepada Masyarakat Jurnal Kajian Hukum dan Sosial Tawazun: Journal of Sharia Economic Law
Moch. Munir, Layyin Mahfiana I Nyoman Nurjaya
Universitas Islam Negeri Raden Mas Said Surakarta
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Structure and Culture of Negotiating Child Victims’ Rights in Cases of Sexual Violence Mahfiana, Layyin; Masrukin, Masrukin; Zahro, Diana; Santoso, Lukman
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 1 (2026): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i1.42348

Abstract

This article discusses the structure and culture of negotiating children's rights in sexual violence in Surakarta. This study employed a qualitative research method, collecting data through interviews and document analysis. The research writing was structured by data reduction, data presentation, and conclusions. Empirical and legal-philosophical approaches were applied to analyse the data, revealing significant weaknesses that require further attention. The lack of protection, justice, and recovery for child victims remains an issue, which hampers the functions of law enforcers, including the police, the prosecutor's office, and the judicial system. Justice in the system is procedural and formalistic in the context of the burden of proof, overlooking the best interests of the child and leaving child victims without justice and fair access to justice and restitution, while being burdened by procedural formalities. As studied, the majority of people in Surakarta are not fully aware of this matter. Stigmatisation lays the blame on the victims, while inadequate psychosocial support for child victims silences them. Without properly addressing these issues, many children experience discrimination and pressure that only hinders their recovery. This study concludes that to provide the necessary protection for child victims of violence and neglect, different sectoral responses need to be coordinated more effectively. Key recommendations include developing child-sensitive skills among law enforcement officials and other agencies, increasing public understanding of children's rights, simplifying regulations to eliminate duplication, and improving integrated, community-based victim services.
Reinterpreting Iddah Through Family Resilience Theory: Socioeconomic Experiences of Widows in Rural Indonesia Chelsa Lathifa Annada; Layyin Mahfiana; Riffat Shahzady
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 8 No. 1 (2026): In Press
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v8i1.12627

Abstract

This study investigates the challenges widows face during the iddah period following their husbands' deaths in Ngawen Village, Klaten Regency, Indonesia, with particular attention to differences in occupational background and educational level. Employing a qualitative case study design, the research collected primary data through semi-structured, in-depth interviews with purposively selected participants, including homemakers, small traders, and informal workers. These data were complemented by documentary analysis and village demographic records. The findings were analyzed using content analysis grounded in Froma Walsh’s family resilience theory. The study reveals that widows experience distinct forms of vulnerability and adaptation depending on their socioeconomic background. Homemakers tend to rely heavily on extended family support, traders demonstrate flexible economic coping strategies, while informal workers undergo significant personal transformation to sustain family survival. Adaptation mechanisms also include participation in socio-religious activities and the application of the principle of al-dlarurat tubih al-mahzhurat to negotiate between religious norms and practical necessities. This study contributes empirically to the limited scholarship on iddah in rural Muslim communities. Theoretically, it supports a contextual reinterpretation of the Islamic Law Compilation (KHI) that remains aligned with the substantive objectives of sharia while strengthening widow resilience and community-based support systems.
Efektivitas Penerapan Prinsip-Prinsip Syariah Dalam Penyelesaian Sengketa Ekonomi Syariah di Badan Arbitrase Syariah Nasional (Basyarnas) Rosidah, Zaidah Nur; Mahfiana, Layyin
TAWAZUN: Journal of Sharia Economic Law Vol 3, No 1 (2020): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/tawazun.v3i1.7529

Abstract

This study aims to determine the application of sharia principles in sharia economic dispute resolution in the National Sharia Arbitration Agency (Basyarnas). This study uses a method of socio legal study, how sharia principles are applied in resolving sharia economic disputes so that they can provide justice for both parties. Secondary data collection is carried out through a literature study of primary legal materials and secondary legal material. Some data was requested for confirmation from the National Sharia Arbitration Agency (Basyarnas) in the Yogyakarta region. To obtain answers to the research problems, 3 activities were carried out simultaneously, namely data reduction, data presentation, conclusion drawing / syllogistic verification of deduction. The results of the research and discussion obtained several conclusions, namely first, Islamic principles have not been maximally implemented by Basyarnas, this can be seen from the basis of the consideration of Basyarnas law in its decision. Basyarnas should also correct in terms of the contract, whether it is in accordance with sharia principles or not so that the arising of the dispute is not solely due to the default of the customer but can also be caused by incompatibility with sharia principles. Second, according to Antony Allot's theory of legal effectiveness, the application of sharia principles in sharia economic dispute resolution has not been carried out in accordance with sharia principles, this is due to the lack of clarity in the case in Basyarnas' decision.
Co-Authors Akbar, Muh. Andi Wicaksono Andi Yaqub Chelsa Lathifa Annada Desti Widiani dan Siti Wangidah, Desti Widiani Evi Ariyani Iswandi Kamaruddin Kamaruddin Lisma Lisma, Lisma Lukman Harahap Lukman Santoso Masrukin Masrukin Muhammad Husin Al Fatah Riffat Shahzady Winarto Winarto Winarto Winarto Zahro, Diana Zahroh, Fatimatus Zaidah Nur Rosidah Zaidah Nur Rosyidah