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All Journal Al-Rabwah : Jurnal Ilmu Pendidikan Al-Usroh : Jurnal Hukum Keluarga Islam
Hartono Hartono
STAI Sangatta
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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KONSEPSI PEMIKIRAN ISLAM DAN DEMOKRASI MENURT ABDURAHMAN WAHID Hartono Hartono
Al-Rabwah Vol. 13 No. 01 (2019): May
Publisher : STAI Sangatta Kutai Timur

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Abstract

Reading the thoughts of Abdurrahman Wahid or Gus Dur, each of us will be invited to enter such a large-visionary space. However, at least reading Gus Dur can be seen in Indonesian-ness (Democracy), Islam and Humanity. Islam and democracy still according to him are also competent to interact with each other so as to be able to realize a democratic democracy rather than merely procedural democracy. Dissecting the discourse of Islam and democracy certainly cannot be separated from the stage of political, state, power and government struggles on the one hand, and the relationship between Islam and other entities outside of Islam, on the other hand. The intended Islam is not a single and shared basis of values and teachings. Islam can only be seen and felt from the expressions of its adherents. Precisely because Islam can only be seen and felt from the expressions of its adherents, then Islam too is sure to have many faces. If Islam has many faces, then the political expression of Islam, of course, is very diverse. Islam is sometimes in line with democracy, but sometimes it is also opposite. At least, this is an important point and a lesson that we can take after examining books whose themes touch each other, although it cannot be said to be exactly the plot of the story and its contents.
ORGANISASI KEMASYARAKATAN PERSPEKTIF HAK ASASI MANUSIA Hartono Hartono
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 1 No. 01 (2023): Juni
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v1i01.261

Abstract

The rights to associate and assemble that are indebted to social organizations are citizens' rights that are protected by the Indonesian constitution. In the course of history, the Indonesian nation cannot be separated from the presence of these social organizations. The theoretical framework used in viewing the problem above as an analytical tool includes human rights theory. While the method in writing this journal is doctrinal research with a qualitative approach in the form of a prescriptive law as its object. Sources of data are in the form of primary legal materials, secondary legal materials and tertiary legal materials. The results of this study indicate that; the right to associate and assemble in the form of community organizations for citizens is constitutionally protected. However, the rights to associate and group are derogable rights, namely rights that the state may reduce or limit when these rights threaten the rights of other people.
ANALISIS TUJUAN DAN FUNGSI HUKUM DALAM MEWUJUDKAN KETERTIBAN DAN KEADILAN SOSIAL Hartono Hartono; Achmad Fahruddin; Ajis Supangat
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 4 No. 01 (2026): Juni
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v4i01.975

Abstract

Mahr constitutes a fundamental right of a wife and plays a significant role in marriage under Islamic law and Indonesian positive law. However, in practice, deviations continue to occur in the form of mahr fraud, particularly through the use of invalid financial instruments such as forged checks. This phenomenon raises legal issues concerning the validity of mahr, its implications for the marital relationship, and the protection of wives’ rights. This study employed a normative juridical method using statutory and conceptual approaches based on library research involving legislation, the Compilation of Islamic Law (KHI), and contemporary Islamic jurisprudence. The findings indicate that mahr in the form of a forged check does not fulfill the legal requirements of a valid mahr under Islamic jurisprudence and the KHI, as it lacks real economic value and cannot be validly transferred to the wife. Such a practice constitutes Ghurur Al-mahr (Mahr Fraud), which may undermine the wife's free and informed consent at the time of the marriage contract and has legal implications for the validity of the marriage, as regulated in Article 27 of Law Number 1 of 1974 on Marriage. In terms of legal protection, the wife is entitled to a substitute Mahr (Mahr Al-mithl) as a means of restoring her economic rights, in accordance with the principles of Maqasid Al-shari‘ah.
Co-Authors Achmad Fahruddin Ajis Supangat