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Sanksi Tindak Pidana Kekerasan Seksual: Studi Komparatif Fiqh, Qanun Aceh dan KUHP Karimuddin Abdullah Lawang; Muntasir A Kadir; Syamsiah Nur; Rika Sasralina
JURNAL AT-TURAS Vol 9, No 1 (2022): Mu'amalah dan Hukum Islam
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/at-turas.v9i1.3439

Kekerasan seksual seperti pemerkosaan merupak salah satu bentuk kejaharan seksual yang harus dilakukan upaya pencegahannya dengan memberlakukan sanksi yang dapat memberikan efek jera terhadap pelaku dan mencegah terjadinya hal serupa pada orang yang lain. KUHP Pasal 285 merupakan salah satu peraturan yang mengatur secara khusus berkaitan dengan kekerasan seksual, namun hal tersebut belum bisa memberikan dampak yang siknifikan terhadap pencegahan kejahatan pemerkosaan. Berdasarkan realitas tersebut harus dilakukan upaya perancangan perubahan terhadap KUHP dengan mengakomodir hukum Islam (fiqh) dan Qanun Jinayat Aceh. Secara fiqh kejahatan pemerkosaan dalam satu sisi dikategorikan ke dalam zina sehingga dikenakan hukuman hudud, namun disisi lain bisa dikategorikan ke dalam hirabah sehingga bisa dikenakan hukuman yang lebih berat lagi dari hudud. Sementara Qanun Jinayat Aceh menerapkan hukuman ta’zir berupa cambuk atau denda dalam bentuk emas murni. Secara fiqh atau qanun sangat memberikan efek jera terhadap pelaku dan dapat mencegah untuk terulang kembali kejahatan serupa tersebut.

Woman representative in Divorce: An analysis form Syafi’iyyah Fiqh Karimuddin Abdullah Lawang; Rika Sasralina; Darwin Sagala; J Jalaluddin; Titin Samsudin
Athena: Journal of Social, Culture and Society Vol. 1 No. 2 (2023): April 2023
Publisher : CV. Media Digital Publikasi Indonesia

The divorce phenomenon that occurs in society is a husband who assigns his wife the authority to file for divorce, giving up his right to file for divorce himself. Moving past these issues, the author is interested in learning more about the legality of a divorce from a husband to his wife based on the legal foundation of fiqh al-syafi’iyyah. The writers’ method of inquiry is descriptive qualitative research with a normative perspective. The study’s findings indicated that the legality of divorce on a wife according to fiqh scholars al-syafi’īyyah is valid and the fall of divorce is because there is a need (hajat) and this opinion is a strong opinion to practice. This is different from the case of a husband delegating his wife’s divorce to another woman. There is a difference in the opinion of scholars, some fiqh al-Syafi’iyyah scholars say it is legal, some others argue that it is illegal on the grounds that there is no intention and women also cannot accept representation.

Modernization of Religious Courts: An Analysis of the Effectiveness of Mediation Through E-Court in Resolving Divorce Cases in Padang Firdaus, Firdaus; Harahap, Titi Martini; Sasralina, Rika; Syamsurizal; Zhuliansyah, Teddy Rahmat
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 2 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i2.9650

This study is important to understand the effectiveness of e-Court in handling divorce cases involving mediation, especially in the Class 1A Religious Court of Padang. Although e-Court has improved administrative efficiency and access, there are gaps in the effectiveness of online mediation, especially in cases involving emotional conflict or domestic violence. These limitations indicate the need for a more in-depth approach to addressing the emotional dimension in the e-Court process as well as improving technical support and staff competence. The object of this study is e-Court as a means of divorce proceedings, with a focus on analyzing the effectiveness of the legal process in cases requiring mediation. This study uses a qualitative descriptive method through in-depth interviews and observations. Primary data were obtained from key informants such as judges, e-Court employees, advocates, and the community, while secondary data were taken from related literature. The findings show that e-Court is effective in terms of ease of access, process efficiency, decision quality, and user satisfaction. Although technological infrastructure supports accessibility, improvements in internet access are still needed. E-Court reduces case handling time, but physical interaction is still needed. User satisfaction is high, although there are complaints about the system sometimes experiencing errors, as well as the need for further training for employees to improve competence.

Fenomenologi Pendidikan di Perguruan Tinggi Islam: Analisis Problematika dan Solusi Daulad, Ahmad; Sasralina, Rika; Yahya, Muhammad; Nalus, Syafrul
Al-Ashri: Ilmu-Ilmu Keislaman Vol 8 No 2 (2023): Oktober
Publisher : LP2M STAI Balaiselasa YPPTI Pesisir Selatan Sumatera Barat

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Islamic Higher Education is an important component in the national education system. Islamic Higher Education has an important role in producing a young generation who has strong Islamic values. However, in reality, Islamic Higher Education management is still not professional. This can be seen from the large number of Islamic Higher Education that have not implemented effective and efficient management. This research aims to analyze the problems of unprofessional Islamic Higher Education management. This research uses a literature study method with an approach phenomenological. Data sources are taken from books, journal articles, research reports, and other sources related to educational problems and solutions in Islamic Higher Education. All data from literature studies are analyzed and solutions are found. Analysis and solutions to these problems can be carried out using a phenomenological approach. The results of the analysis show that there is a solution to the problems of education in Islamic universities. In fact, overcoming the problem lies in increasing the competence of Islamic Higher Education managers, increasing the implementation of an effective and efficient management system, increasing cooperation between Islamic Higher Education and the government and the community, preparing a more relevant curriculum, improving the quality of lecturers and educational staff, providing adequate facilities and infrastructure. The results of this research can be implemented comprehensively and sustainably. The problems at Islamic Higher Education can be overcome and Islamic Higher Education can become a quality educational institution capable of producing quality cadres of national leaders.

Modernization of Religious Courts: An Analysis of the Effectiveness of Mediation Through E-Court in Resolving Divorce Cases in Padang Firdaus, Firdaus; Harahap, Titi Martini; Sasralina, Rika; Syamsurizal; Zhuliansyah, Teddy Rahmat
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 2 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i2.9650

This study is important to understand the effectiveness of e-Court in handling divorce cases involving mediation, especially in the Class 1A Religious Court of Padang. Although e-Court has improved administrative efficiency and access, there are gaps in the effectiveness of online mediation, especially in cases involving emotional conflict or domestic violence. These limitations indicate the need for a more in-depth approach to addressing the emotional dimension in the e-Court process as well as improving technical support and staff competence. The object of this study is e-Court as a means of divorce proceedings, with a focus on analyzing the effectiveness of the legal process in cases requiring mediation. This study uses a qualitative descriptive method through in-depth interviews and observations. Primary data were obtained from key informants such as judges, e-Court employees, advocates, and the community, while secondary data were taken from related literature. The findings show that e-Court is effective in terms of ease of access, process efficiency, decision quality, and user satisfaction. Although technological infrastructure supports accessibility, improvements in internet access are still needed. E-Court reduces case handling time, but physical interaction is still needed. User satisfaction is high, although there are complaints about the system sometimes experiencing errors, as well as the need for further training for employees to improve competence.

The Development of Ideas for Reform and Transformation of Islamic Family Law Becoming Legislation in Islamic Countries Yuzaini, Zakia; Candra, Afrikal; Mulyani, Ridha; Fadli Rambe, Khairul; Sasralina, Rika; Ilman Nafian, Zidni
Samara: Journal of Islamic Law and Family Studies Vol. 2 No. 2 (2024): December
Publisher : Samara: Journal of Islamic Law and Family Studies

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Family law reform in Muslim countries remains a subject of debate among the global Muslim community because they believe that Islamic family law and family law are not equal. This article aims to examine the renewal and transformation of family law in the Islamic world. This research is a literature review, with a descriptive-analytical research type. The approach used is interdisciplinary, namely comparative, legal, philosophical, and historical. The sources of this research include primary sources such as law books and secondary sources such as theses, dissertations, and journal articles. The factors influencing the renewal of Islamic family law in the world are politics, economics, and social law. The methods of Islamic legal reform are siyasyah al-shar'iyyah, takhayyur, takhsis al-qhadha, the old theory of ijtihad, ijma, qiyas, maslahah mursalah, and sadd' al-dhari'ah. The renewal of Islamic law in the world includes polygamy, inheritance, marriage registration, and marriage contracts. The transformation of Islamic family law in Indonesia is reflected in Law Number 1 of 1974 on Marriage, State Gazette No. 1 of 1974, Supplement No. 3019/1974. Presidential Instruction No. 1 of 1991 on the Compilation of Islamic Law, which serves as the standard reference for judges in adjudicating cases. The 2002 Law on Child Protection, Law No. 23 of 2004 on Domestic Violence, Law No. 12 of 2022 on Sexual Violence Crimes, and the legislation are in line with Islamic family law.

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