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All Journal Al-Manahij: Jurnal Kajian Hukum Islam Media Akademika Kontekstualita: Jurnal Penelitian Sosial Keagamaan Musawa : Jurnal Studi Gender dan Islam Jurnal Ilmiah Peuradeun El-Usrah: Jurnal Hukum Keluarga Journal of Islamic Law Legal Protection for the Partnership Agreement Parties Sustainability (STPP) Theory, Practice and Policy Al-Hukama: The Indonesian Journal of Islamic Family Law NALAR FIQH: Jurnal Hukum Islam
Illy Yanti
Fakultas Syariah IAIN Sulthan Thaha Saifuddin Jambi
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Earth & Planetary Sciences Economics, Econometrics & Finance Education Energy Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Freedom of Speech Without a Direction: Criticism of the Promotion of Freedom of Speech in Indonesia Sayuti, Sayuti; Effendi, Ghina Nabilah; Yanti, Illy
Al-Risalah Vol 23 No 1 (2023): June 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i1.1389

Abstract

The attempt to equate freedom of speech with other rights, such as freedom of expression or opinion, is misguided because these rights have distinct realms concerning their promotion and resolution of legal violations. In practice, this misconception persists in Indonesia, where there is no specific law dedicated to regulating freedom of speech. Therefore, this study explored the factors that lead to legal vacuum for freedom of speech and provided solutions to overcome this vacuum. This study also assessed the various legal frameworks and practices concerning the promotion of freedom of speech in Indonesia after the 1998 Reform Era using a normative juridical approach. The result showed that legal vacuum in promoting the right to freedom of speech attributed to the conflicting priorities of human rights and the ambiguity surrounding the understanding of freedom of expression. It is important to synchronize laws and regulations regarding the rights belonging to freedom of expression and strengthen the associated regulation that specifically contain definitions, limitations, and ways of resolving violations of the law. This process provided a detailed legal direction or umbrella for efforts to promote freedom of speech.
Analisis Pertimbangan Hakim Pengadilan Agama Kelas 1 A Kota Jambi dalam Putusan No. 642/Pdt.G/2020/PA.Jmb tentang Perceraian Sebab Hypersex Madeli, Muhammad Hilal; Yanti, Illy; Sulaeman, Sulaeman
NALAR FIQH: Jurnal Hukum Islam Vol. 13 No. 1 (2022): June 2022
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v13i1.1288

Abstract

In a marriage, things often happen that make the relationship tenuous and even lead to divorce. Divorce has various reasons, one of which is divorce due to hypersex/having sex out of the ordinary. Divorce case in Decision Number 642/Pdt.G/2020/PA.Jmb., in which the plaintiff reported the defendant because of disputes and quarrels between the two because one of the reasons the defendant has hypersex. Because of this report, the judge granted the plaintiff's request for divorce from the defendant, based on the law and the results of the judge's ijtihad. This study aims to reveal the judge's considerations in granting the plaintiff's lawsuit and explore the sources of law that are used as the basis by the judge in deciding the case. This research is a library research that focuses on the judge's decision and examines related books and adds interviews with the judge who decides the case. This study found that the basis for judges in making decisions is to use two legal instruments, namely statutory regulations and books of fiqh. Article 116 letter (e) Compilation of Islamic Law) which emphasizes that between husband and wife there are continuous disputes and fights and there is no hope of living in harmony in the household again. Then referring to the explanation of article 39 of Law no. 1 of 1974, one of the parties has a disability or illness which causes them to be unable to carry out their obligations as husband/wife, as well as the book Manhaj al-Thullab, page 346.
Co-Authors Addiarrahman Al Idrus, Rahmi Hidayati Alamsyah - Daniel Happy Putra Edi Kurniawan Effendi, Ghina Nabilah Fadhlan , Ulul Albab Habib Shulton Asnawi Habriyanto Habriyanto Larasati, Yuniar Galuh Linda Firdawaty Madeli, Muhammad Hilal Mahluddin Mahluddin Mahluddin Mubarrak, Harris Muhammad Septiawan Mukhlisa, Dian Rafidah Rafidah Ramlah Ramlah Sayuti Sayuti Sigit Hartono SITI MAHMUDAH Sulaeman Sulaeman Yuliatin Yuliatin yuliatin