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LEGAL PROTECTION OF CHILD VICTIMS OF SEXUAL VIOLENCE AS A CONTINUOUS PROTECTION MEANS (Islamic Law Studies and Psychoanalytic Psychological Theories) Sulastri, S.; Suharto, S.; Zuhraini, Z.; Nurjanah, Siti
SMART: Journal of Sharia, Traditon, and Modernity Vol. 1 No. 2 December (2021)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v1i2.10976

Abstract

Child protection is a right that must be obtained by children as it has become their rights as stated in the law. Child protection is a guarantee for its part to be upheld because in the constitution there is a guarantee of human rights, especially if you have been a victim of sexual violence. This article aims to find out how legal protection is for Child Victims of Sexual Violence and from the point of view of Islamic law and psychoanalytic psychology theory, which in the end can become sustainable protection. As a country that has various religions, there is Islam which plays a role in providing enlightenment, which is described in Islamic law with various theories. In addition, psychological impacts occur for children, will affect development so it is necessary to know how efforts must be made in terms of Psychoanalytic Psychology theory for this is an ongoing protection given to children as victims of sexual violence. This study uses a qualitative method with subjects AM (14 years) and MT (12 years) who are victims of sexual violence and stepfather perpetrators. The results of the research are: Legal protection must still be obtained, even though there has been a statement of forgiveness by the child as a victim inasmuch as this is clearly influenced by the psychological energy of anxiety caused by him getting wrong treatment from people who must provide protection to him. Islamic law exists so that children get their rights, including protection, education rights, custody rights, housing rights, the right to make choices, the rights of opinion and rights as children who are the hope of the nation.Keywords: Legal Protection, Child Victims Of Sexual Violence, Continuous Protection Means, Islamic Law, Psychoanalytic Psychological Theories
IMPLEMENTATION OF THE FULFILLMENT OF CHILD SUPPORT AFTER DIVORCE AT THE SUKADANA RELIGIOUS COURT OF LAMPUNG PROVINCE (Sociology of Law Perspective) Rachman, Evy Septiana; Zuhraini, Z.; Jayusman, J.; Mahmudah, Siti
SMART: Journal of Sharia, Traditon, and Modernity Vol. 2 No. 1 June (2022)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v2i1.13527

Abstract

Child support is an obligation that arises because of the marriage bond. A father is obliged to meet the needs of the child's life until adulthood, even if there is a divorce. However, at the Sukadana Religious Court, this did not happen, there were still many fathers who neglected to provide for their children after the divorce decision was made. This is what becomes interesting for further research using the empirical legal approach method, data collection methods using interviews and documentation. This study will analyze the perspective of the sociology of law and draw conclusions using inductive and deductive thinking frameworks. The results of this study indicate that there are still children whose livelihood rights are not fulfilled in accordance with what has been stipulated in the decision of the Sukadana Religious Court. The father only carries out his obligations a few times in providing a support for the child and the amount given is not in accordance with what is stipulated in the court decision. This happens due to two factors: internal factors and external factors. So that this causes the ineffectiveness of implementing laws and regulations related to children's livelihoods.
PENYERAHAN SELURUH HARTA KEPADA ANAK ANGKAT MELALUI HIBAH Pebriansyah, Taufik Pajar; Burhasan, Burhasan; Pane, Erina; Zuhraini, Zuhraini
Audi Et AP : Jurnal Penelitian Hukum Vol 4, No 02 (2025): Audi Et AP : Jurnal Penelitian Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jaeap.v4i02.3947

Abstract

Hibah adalah salah satu di antara aspek hukum perdata yang sering mendapat perhatian di tengah masyarakat Indonesia. Permasalahan hibah masih marak menimbulkan perselisihan di masyarakat, hibah juga menjadi media pendistribusian harta, namun hibah tidak boleh dilakukan terhadap seluruh harta. Penelitian ini merupakan jenis penelitian kualitatif yang memakai metode penelitian bersifat alamiah demi mempelajari objek. Metode penelitian ini memakai sistem wawancara guna menggali dan mengetahui sikap, pemikiran, dan kepribadian seseorang atau segelintir orang. Temuan penelitian ini mengungkapkan bahwa pemberian hibah seluruh harta pada anak angkat dilatarbelakangi karena tidak memiliki ahli waris lain yang ada hak menerima warisan, serta dilihat dari sudut pandang hukum Islam, maka kedudukan hukum hibah seluruh harta kepada anak angkat tidak sinkron dengan norma hukum Islam. Hukum Islam hanya mengakui jumlah maksimal dari harta yang boleh dihibahkan ialah lebih kecil atau sama dengan 1/3 harta. Hal ini sebagaimana ditetapkan dalam hadis riwayat Muslim dari Amir bin Sa'd, bahwa Rasulullah menetapkan wasiat 1/3 harta sudah cukup dan bahkan jumlah tersebut sudah banyak. Menurut hadis ini juga dalam perspektif maslahah mursalah hibah seluruh harta kepada anak angkat dan mengabaikan kewenangan ahli waris belum seutuhnya bermanfaat atau maslahat bagi orang banyak.
Relevansi Keputusan Dirjen Bimas Islam Nomor DJ.II/542 Tahun 2013 tentang Kursus Pranikah terhadap Keharmonisan Rumah Tangga di Kemenag Bandar Lampung Novalia, Sisca; Khairuddin, Khairuddin; Zuhraini, Zuhraini
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 3 No. 2 (2021)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v3i2.806

Abstract

This study was made to analyze the implementation of the Decision of the Director General of Islamic Community Guidance Number DJ.II / 542 of 2013 concerning the Prenuptial Course at the Office of the Ministry of Religion in the City of Bandar Lampung and to determine the relevance of taking the Prenuptial Course to household harmony. This type of research uses Field Research, where researchers go directly to the field to obtain strong, objective and actual data. Researchers will go to the field to obtain authentic, accurate, detailed and in-depth data. The results of this study indicate that the implementation of the Decree of the Director General of Guidance for the Islamic Community Number DJ.II / 542 of 2013 concerning prenuptial courses is quite effective. couples to reduce disputes in the family, divorce and conflict, so that they become provisions for realizing a peaceful, prosperous, safe, peaceful family and truly creating a sakinah mawadah warahmah family. After fulfilling the existing procedures, the bride and groom get a foundation book for the sakinah family and a certificate. However, if viewed from the level of effectiveness there are still several weaknesses, including the lack of availability of funding to cover all training needs, the seriousness of the participants is not optimal, the lack of attendance and the level of activity of participants in taking pre-marital training courses, and the continuity of pre-marital course activities that have not been optimally scheduled.
EFEKTIVITAS HUKUM PERMA NO 1 TAHUN 2019 TENTANG ADMINISTRASI PERKARA DAN PERSIDANGAN DI PENGADILAN SECARA ELEKTRONIK DALAM PERKARA PERCERAIAN DI PENGADILAN AGAMA GUNUNG SUGIH LAMPUNG TENGAH Mahdalena, Mahdalena; Zuhraini, Zuhraini; Nurnazli, Nurnazli
Mabahits : Jurnal Hukum Keluarga Islam Vol 6 No 01 (2025): MEI
Publisher : UAS PRESS

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62097/mabahits.v6i01.2233

Abstract

Abstract This study examines the E-litigation Trial process in divorce cases at the Gunung Sugih Religious Court, the effectiveness of the implementation of Perma Number.1 of 2019 concerning Electronic Litigation Administration and Trials in Divorce Cases at the Gunung Sugih Religious Court, Central Lampung Regency. This research is a field research, which was conducted at the Gunung Sugih Religious Court, Central Lampung, the primary data in this study were obtained through documentation and interviews with judges at the Gunung Sugih Religious Court, and the secondary data consisted of books, journals, which were in accordance with the research topic. , then in this study it was analyzed using two theories, namely the theory of effectiveness and the theory of maslahah mursalah. The results of the research in this study are that the implementation of e-litigation trials at the Gunung Sugih Religious Court has been effective and efficient, because by implementing e-litigation it will be much easier in order to realize the principles of religious courts, namely simple, fast process and low cost. Then, to be more optimal, there must be improvements regarding tools and equipment such as internet networks and the necessary devices. If we look at the positive impacts of having an electronic trial or e-litigation, it will be more beneficial if the trial is carried out via e-litigation, for parties who are out of town, with several examples such as divorce lawsuits if the parties are abroad. Then if the trial process during the Covid-19 pandemic is via e-litigation, it will create benefits, namely preserving the souls of the parties, legal advisors and court officials, considering that we must avoid and break the chain of transmission of Covid-19, then by seeing that there were several incidents in the trial, the trial via e-litigation is also in order to preserve the souls of the parties from incidents that can endanger the parties. Keywords: Legal Effectiveness, e-litigation, divorce cases
Tinjauan Hukum Keluarga Islam Terhadap Tradisi Ngakuk Salah dalam Perkawinan Adat Komering di Kabupaten Ogan Komering Ulu Timur Sumatera Selatan Taufiq Fauzi; Zuhraini; Iskandar Syukur
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 4 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i4.5653

Abstract

Weddings in the Komering tradition have many processions starting from before the wedding to after the wedding. One of Komering's traditional traditions is to confess falsely. Ngakuk Salah is taking a woman with the condition of giving her juadah (glutinous rice cake). The tradition of admitting one's mistakes has been around since ancient times. Most people don't know when the ngakuk salah tradition existed, because this tradition is inherited from their ancestors, they still carry out this tradition even though the ngakuk salah tradition in its implementation is not like marriage in general. The problems observed in this research are how the practice of the ngakuk wrong tradition in Komering traditional marriages in Ogan Komering Ulu East Regency, South Sumatra, what is the impact of the ngakuk wrong tradition in Komering traditional marriages in Ogan Komering Ulu East Regency, South Sumatra and a review of Islamic family law on the ngakuk tradition wrong in traditional Komering marriages in East Ogan Komering Ulu Regency, South Sumatra. The method used is a qualitative method, namely a method of producing descriptive data. Researchers use data collection including: observation, interviews, and documentation. Based on field findings, the conclusion of this research is that the first traditional practice of ngakuk is wrong in Komering traditional marriages in East Ogan Komering Ulu Regency, namely rasan tuha (negotiation of certainty). Second, determine the certainty of wrongdoing by the male family by bringing ½ can of juadah (sticky rice cake) or 7.5 kg. The third implementation of ngakuk salah is at the man's residence and is carried out on the main road until the wedding ceremony is finished. The impact of the tradition of confessing wrongly in traditional Komering marriages in East Ogan Komering Ulu Regency is that if a married woman cannot receive inheritance and adoq from her parents. Another impact that occurs from this wrongful marriage is that there is no longer any family relationship or position of the children to their parents and if the husband and wife have divorced or are divorced according to customary law then they are allowed to return to their families. This review of Islamic family law regarding the practice of wrongful confession traditions in Komering traditional marriages in East Ogan Komering Ulu Regency does not conflict with Islamic religious norms and customary law because it must still follow the rules in Islamic law as well as in customary law.