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All Journal Gorga : Jurnal Seni Rupa Harmonia: Journal of Research and Education Gondang: Jurnal Seni dan Budaya Syntax Literate: Jurnal Ilmiah Indonesia JSM (Jurnal Seni Musik) VCD (Journal of Visual Communication Design) Virtuoso: Jurnal Pengkajian dan Penciptaan Musik Smart: Journal of Sharia, Tradition, and Modernity Golden Ratio of Social Science and Education Prosiding Seminar Nasional Pascasarjana Proceeding of International Conference on Science, Education, and Technology
S. Suharto
Universitas Negeri Semarang
Religion Arts Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Smart: Journal of Sharia, Tradition, and Modernity

 1 
APPLICATION OF CONTRA LEGEM IN JUDGE DECISIONS (Critical Study of Iddah Alimony Rights in Divorce Cases) Maksum, Endang Ali; Suharto, S.; Khairuddin, K.; Zuhraini, Z.; Susanto, Is
SMART: Journal of Sharia, Traditon, and Modernity Vol. 1 No. 1 June (2021)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v1i1.9794

Abstract

The subject of this study is based on article 149 letters (b) Compilation of Islamic law which reads: ex-husband must provide maintenance, maskan, and kiswah to ex-wife during the iddah, unless the ex-wife has been granted talaq bain or nusyuz and is not pregnant. There are two barriers for an ex-wife to earn a living during the period of iddah, namely because the wife is divorced ba'in and or because the ex-wife is nusyuz. In general, the wife filed for divorce in court because she could no longer stand her husband's treatment of her. As a result of the law, if the wife who filed for divorce sues the Court, then the panel of judges will issue a divorce. Unless the husband violates the talaq. In the context of the wife falling into the act of nusyuz, generally as a result of the treatment and conduct of the husband towards the wife. If this is returned to the sound of the law then it will be very felt the injustice received by the wife (ex-wife). This study seeks to find the answer from the formulation of the problem "Why is contra legem important for the judge in deciding the case (inconcritoplaintiff) divorce with the decision of talaq ba'in and or proven in court nusyus wife's arbitrary because of the husband treatment of his wife? Materials and data are obtained by methods library research, the nature of the research is normative research. The goal to be achieved is to provide an alternative solution in providing justice and legal protection to women (ex-wives) who do not get iddah alimony because of filing a lawsuit or nusyus with a theory approach contra legem. Positive law in practice is not sufficiently able to accommodate the legal facts revealed in the Court, in another narrative it can be said that positive law always lags behind social reality. So in the legal system in Indonesia, the judge's ijtihad to deviate and or find the law is accommodated by the principle of Contra legemin order to provide justice and benefits to the community seeking justice, the judge needs to do contra legem.Keywords: Contra Legem; Iddah Livelihood; Divorce Lawsuit; Judge's Decision
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
WAHBAH AZ-ZUHAILI AND MUHAMMAD SYAHRUR'S METHODS OF THINKING ABOUT MARRIAGE Hidayat, Riyan Erwin; Suharto, S.; Bahrudin, Moh.; Zaki, Muhammad
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.v2i1.13118

Abstract

By the development of the times, of course the law will also experience various developments, as well as marriage law in Islam which follows the times according to human needs. The development of marriage law in Islam cannot be separated from the existence of Muslim scholars. Among these Muslim scholars are Wahbah az-Zuhaili and Muhammad Syahrur. Az-Zuhaili uses the Usul fiqh method in interpreting the laws regarding marriage, while Syahrur uses the hermeneutic method in interpreting the laws regarding marriage. The two of them certainly have different opinions, because the way of thinking and the method of interpretation used are different. Therefore, through this study, the two thoughts of these figures will be examined. The results showed that the two figures viewed marriage as a very solid contract. The difference of opinion between the two lies in the discussion of the dowry, where according to az-Zuhaili that the dowry is a gift from the husband to the wife, and the wife has the right to get it because of the contract or actual intercourse, while Syahrur said the dowry is an unconditional gift given by the husband to his wife. Likewise, there are differences of opinion in the provision of a living and in terms of divorce and polygamy.
Co-Authors A. Heryanto Abdul Rachman Abu, Ardillah Agus Budi Handoko Agus Cahyono Amelia Aiununnisa Antonius Harun Ruron Ardipal Ardipal Bahrudin, Moh. Delvia Mona Djuli Djatiprambudi Edi Subroto Hadhira Rahma Hamsah, Muhammad Hidayat, Riyan Erwin Khairuddin, K. Lidya Fita Kusumadewi Lidya Ndaru Kristyana Maksum, Endang Ali Moh Sarjoko Muhammad Jazuli Muhammad Najamudin Muhammad Zaki Nurul Aulia Dewi Arifin Nyoman Dewi Pebryani raharjo, eko raharjo Rendy Iswanto Retno Widowati Richard Junior Kapoyos Rifky Fandanu Rinaldhi Eka Kurnia Putra Santosa Santosa Sedyadiasto, Zahidi Siti Aesijah Siti Nurjanah Sri Ambarwangi Sulastri, S. Sunarto Sunarto Sunarto Sunarto Susanto, Is Syahrul Syah Sinaga Syakir - Totok Sumaryanto, Totok Udi Utomo Victor Ganap Wadiyo Wadiyo Wahyu Lestari Widodo Widodo Yulius, Yosef Zuhraini