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All Journal Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan Jurnal Ilmu Hukum The Juris
Maisyarah Rahmi
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Law, Crime, Criminology & Criminal Justice Social Sciences

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The Role Of Non Judge Mediators Providing Guarantee Of Women's Rights Protection In Divorce Cases Joko Sulistiono; Akhmad Haries; Maisyarah Rahmi
Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan Vol 16, No 4: Al Qalam (Juli 2022)
Publisher : Sekolah Tinggi Ilmu Al-Qur'an (STIQ) Amuntai Kalimantan Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35931/aq.v16i4.1059

Abstract

The mediation process encountered obstacles. The role of non-judge mediators to protect women's rights in divorce cases was needed in the mediation process. This study aims to determine the role of non-judge mediators in providing guarantees for the protection of women's rights in divorce cases at the Samarinda Religious Court and to find out the obstacles to guaranteeing the protection of women's rights that occur in the mediation process in divorce cases at the Religious Courts. This type of research is normative empirical using descriptive qualitative research methods with data collection techniques in the form of observation, interviews, documentation, supported by legislation and legal norms in society. Research Qualitative data analysis techniques, in the process of analysis with data reduction (selection process). The results obtained from this study are that the role of non-judge mediators at the Samarinda Religious Court has provided protection for post-divorce women's rights in cases of talak and divorced divorces with the same rights. Obstacles in the mediation process to protect women's rights after divorce, namely the purpose of the Religious Courts is only to formalize Divorce in state law, the absence of good faith from one party can be caused by not wanting to divorce or not wanting to meet again with other parties, the inability of the parties economically to fulfill women's rights after divorce.
PERLINDUNGAN HAK ANAK AKIBAT KEKERASAN SEKSUAL DI PONDOK PESANTREN PERPSEKTIF MAQASHID SYARIAH (YASSER AUDA) DAN HUKUM POSITIF Herawati, Netti; Abnan Pancasilawati; Maisyarah Rahmi
The Juris Vol. 7 No. 1 (2023): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v7i1.824

Abstract

This research discusses protecting children's rights in the context of sexual violence in boarding schools, using the perspective of Maqoshid Syariah presented by Yasser Auda and integrating it with positive law. The research aims to analyze the relevance of the concepts of Maqoshid Syariah in protecting the rights of children who are victims of sexual violence, as well as comparing it to positive law. This research uses a phenomenological approach and literature analysis methods by referring to Yasser Auda's works on Maqoshid Syariah and positive legal studies on protecting children's rights and sexual violence in boarding schools. The research results show that; First, The background of the perpetrator, who is the Leader of the Islamic Boarding School, is only due to lust and conscious will by forcing the victim to marry ‘Sirri’ without the knowledge of other people; second, The form of legal protection given to victims of sexual violence is legally processed, providing health protection in the form of mental health through UPT Integrated Service Center for Empowerment of Women and Children (P2TP2A) Kutai Kartanegara, and offer legal assistance to victims to be accompanied, third, must include the role of religion, protect the victim's soul both physically and non-physically (mentally), provide guarantees for a good education, offspring obtained from marriage based on an agreement, protection in socio-economic terms, protection in the form of clearing the victim's good name.
Co-Authors Abnan Pancasilawati Akhmad Haries Joko Sulistiono Muhammad Luthfi