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Development Model of Gender Equality Study in Inheritance Distribution of Tanah Luwu Communities Assaad, Andi Sukmawati; Hasyim, Baso; Ismail, Abdul Manan; Kuba, Amiruddin
Jurnal Hukum dan Peradilan Vol 12 No 2 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.2.2023.215-240

Abstract

This research’s aims are 1. analyze the Tanah Luwu people's inheritance distribution, 2. analyze the views of Gender Equality on how to distribute the inheritance of the Tanah Luwu Tribe community, 3. analyze the model for developing gender equality in the inheritance distribution system of the Tanah Luwu people. This study uses an explorative-qualitative research method that describes the development model of gender equality studies in the distribution of inheritance for the people of Tanah Luwu by studying inheritance cases enforced concerning parts and kinship systems. The study shows that the people of the Tanah Luwu tribe generally adhere to Islam; however, they still highly respect the customs passed down from generation to generation to their families, including in inheritance. Therefore, when asked about the inheritance laws that apply, they answer Islamic inheritance laws. However, they use inheritance laws according to their wishes or the appointing system and consider it fair. Gender equality views the inheritance distribution of the people of Tanah Luwu as unfair; thus, there is concern among the heirs. Tension can lead to conflicts or disputes. The gender equality development model is the conflict management and conflict transformation approach.
Upaya Kepolisian dalam Penanggulangan Penyalahgunaan Narkotika (Studi Kasus di Polres Luwu) Abdianto; Takdir; Assaad, Andi Sukmawati; Umar, Nasaruddin
Palita: Journal of Social Religion Research Vol. 9 No. 2 (2024): Palita : Journal of Social Religion Research
Publisher : LP2M IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/pal.v9i2.5416

Abstract

This study aims to understand the police efforts in overcoming drug abuse that occurs in the working area of the Luwu Resort Police, factors that become obstacles in efforts to overcome drug abuse and efforts to overcome drug abuse by the Luwu Resort Police. A qualitative method was implemented in this research, using observation, interview, and documentation techniques as instruments. Researchers used data reduction techniques, data presentation, descriptive analysis, and conclusion drawing to analyse the data. The data shows that the efforts to overcome drug abuse by the Luwu Resort Police involve members of the Luwu Resort Police Narcotics Unit who are active in preventing the eradication of abuse, as well as the illicit circulation of Narcotics in the Luwu Resort Police Legal Area. In addition, the police guard places with access to transportation from one region or country to another and form a Drug-Free Village. It is hoped that there will be support from all levels of society in Luwu Regency to fully support the implementation of countermeasures carried out by the Luwu Resort Police so that the circulation and abuse of Narcotics can be immediately overcome and reduce the victims arising from the abuse of Narcotics. Efforts to eradicate and enforce the law must be carried out more firmly; this is intended so that the perpetrators of narcotics crimes feel a deterrent and no longer repeat their actions due to the application of coercive sanctions following the criminal threats contained in Law No. 35 of 2009 concerning Narcotics.   Keywords: Countermeasures, Abuse, Narcotics
Review of Islamic Law on Pemmali Kawing Kembar in Cening Village, West Malangke, North Luwu Hasnia, Hasnia; Assaad, Andi Sukmawati; Arif, Firman Muhammad
Journal of Family Law and Islamic Court Vol. 3 No. 3 (2025): Journal of Family Law and Islamic Court
Publisher : Family Law Study Program (Ahwal Syakhshiyah), Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/jflic.v3i3.17968

Abstract

This thesis discusses the Pemmali of Twin Marriages in Sibling Relationships Case Study of Cenning Village, West Malangke District, North Luwu Regency. This study aims to determine and understand the implementation and review of Islamic law in the twin marriage contract of sibling relationships. This type of research is qualitative research with an an empirical and historical juridical approac approach. The data sources used in this research are primary and secondary data. Then the data collection techniques in this research are observation, interviews, and documentation, data management techniques, namely using inductive methods, deductive methods, comparative methods and drawing conclusions. The results of the study found that the implementation of a twin marriage contract in a sibling relationship is the same as a marriage contract general; the only difference is that one of the brides does the marriage contract one day before the reception, and the other bride does the contract on the day of the reception because the people of Cenning village believe that if the marriage contract is carried out simultaneously, it will result in problems from for one of the twin marriage brides. Meanwhile, in the review of Islamic law, pemmali twin marriages in sibling relationships are permissible, because based on the results of research in their implementation.
Advocacy Korban Bencana Pasca Banjir Bandang: Upaya membangun kembali kekuatan komunitas dengan mitigasi bencana Alam Assaad, Andi Sukmawati; Kamal, Helmi; Mustafa, Adriana; Nada Kamal
CARADDE: Jurnal Pengabdian Kepada Masyarakat Vol. 6 No. 3 (2024): April
Publisher : Ilin Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31960/caradde.v6i3.2278

Abstract

Membangun kembali semangat kelompok warga desa Radda pasca bencana alam banjir bandang merupakan langkah strategis untuk mengurangi resiko. Dalam prosesnya dibentuk forum grop diskusi antar pemuka atau tokoh masyarakat tanpa terkecuali aparat pemerintah. Fakta yang terdapat dimasyarakat desa Radda sangat banyak yang ingin disampaikan kepada pemerintah setempat tehadap apa yang telah mereka alami pasca banjir bandang tersebut. Dengan adanya advocacy yang dilakukan oleh para tim pengabdian kepada masyarakat maka isu-isu yang berkambang dapat tersampaikan. Untuk mendapatkan data yang akurat dilapangan, para tim melakukan dengan konsep PAR (Participatory Action Research) yaitu mengamati aksi yang sementara terjadi atau berlangsung demi menghasilkan suatu perubahan yang lebih baik. Hasil dari kelompok PAR menjabarkan beberapa langkah yang dilakukan yaitu pemetaan, membangun hubungan kemanusiaan, menentukan agenda riset, pemetaan partisipatif, merumuskan masalah kemanusiaan, menyusun strategi gerakan pemecahan problem kemanusiaan, pengorganisasian masyarakat, melancarkan aksi perubahan, refleksi perubahan sosial, dan meluaskan skala gerakan dan dukungan keberhasilan. Hasil dari program pengabdian tersebut yaitu adanya upaya yang dilakukan oleh pihak terkait dalam pengurangan resiko bencana alam kedepannya. Selanjutnya masyarakat teredukasi dalam membangun kembali kekuatan komunitas dengan mitigasi pasca bencana banjir dan juga penanganan bencana banjir.
HUKUM WARIS ISLAM DAN PLURALISME HUKUM Ernik, Ernik; Assaad, Andi Sukmawati; Kamal, Helmi
MADDIKA : Journal of Islamic Family Law Vol. 4 No. 1 (2023): Maddika: Journal Of Islamic Family Law
Publisher : UIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v4i1.4861

Abstract

Islamic Inheritance Law is a law that regulates the inheritance of the property of someone who has died given to the rightful, such as family and community who are more entitled or can be interpreted as a law that regulates the transfer of something from someone to someone else in the form of property and knowledge and honor. The provisions that have been outlined by Allah swt are listed in the Qur'an including Surah An-Nisa verse 7, 11, 12 with the existence of this inheritance law coupled with rules explaining the implementation of the Rasullah SAW, then all aspects of its implementation have legal rules. A person who is Muslim is strongly encouraged to divide the inheritance in accordance with what has been revealed in the Qur'an and guided by the Prophet in the hadith. The pluralism of inheritance law in Indonesia was influenced by the receptie theory during the Dutch era. Where until now inheritance law is still pluralistic, there are at least three legal systems that live and develop and are recognized, namely the Customary Law system, the Islamic Law system and the Western Law system. The significant difference that can be seen is that in the system of property distribution in customary law, it can be done before the owner of the property dies. Meanwhile, Islamic law and civil law require death in terms of the division of inheritance.
KEADILAN DALAM HUKUM WARIS TINJAUAN MASLAHAH MURSALAH Amaliyah, Ilmy; Assaad, Andi Sukmawati; Kamal, Helmi
MADDIKA : Journal of Islamic Family Law Vol. 4 No. 2 (2023): Maddika: Journal Of Islamic Family Law
Publisher : UIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v4i2.4868

Abstract

This article aims to examine the fairness of inheritance law, reviewing maslahah mursalah. Through searching primary and secondary sources, this article finds that inheritance means the transfer of something from one person to another, better known as the transfer of various rights and obligations regarding the assets of someone who has died to another person who is still alive. Men and women have equally strong rights in obtaining inheritance from their parents and their siblings. Therefore the 2:1 division between men and women is fair both from the perspective of inheritance law itself and from the maslahah murlah. by considering Islamic law to avoid undesirable things (harm).
Islamic Law Accommodation for Social Interaction within Temu Manten Tradition Mahdaliyah, Mahdaliyah; Assaad, Andi Sukmawati; Nur, Muhammad Tahmid
Al-Ahkam Vol. 34 No. 2 (2024): October
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2024.34.2.22835

Abstract

The temu manten tradition has been carried out for generations by the Javanese community and the Javanese community who live in Sukamaju District, North Luwu Regency, South Sulawesi Province, Indonesia. This tradition is the culmination of a series of traditional Javanese wedding events, and it is a symbol of the union of two families. This study aims to determine the procession of the temu manten tradition in Sukamaju District, North Luwu Regency, in terms of social interaction and Islamic law accommodated in the tradition. This study is qualitative research with an empirical sociological approach using participatory observation to study the implementation of the temu manten tradition. The results show that the temu manten tradition in Sukamaju is still carried out with some adjustments, and Islamic law can accommodate this tradition through a broader interpretation and flexible application. Temu manten tradition is also a strong medium of social interaction with the community. There has been an acculturation and value shift of temu manten tradition in Sukamaju District with temu manten tradition in Java. To preserve the temu manten tradition in accordance with the principles of Islamic law and in line with the concept of 'urf, it is necessary to conduct continuous education to the community.
PERLINDUNGAN NEGARA TERHADAP ANAK TERLANTAR (KOMPARASI HUKUM DI INDONESIA DENGAN TINJAUAN FIQH SIYASAH) Rahmayanti; Assaad, Andi Sukmawati
Datuk Sulaiman Law Review (DaLRev) Vol 4 No 2 (2023): Datuk Sulaiman Law Review (DaLRev)
Publisher : Program Studi Hukum Tata Negara (Siyasah) IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/dalrev.v4i2.5529

Abstract

This article discusses the State Constitutional Protection Against Abandoned Children in Indonesia and Fiqh SiyasahReview. This study aims firstly to find out the general overview of neglected children in Indonesia, secondly to find out the constitutional protection of the Republic of Indonesia against neglected children and thirdly to find out the protection of Fiqhi Siyasah to neglected children. The type of research used is library research using a normative juridical approach. The data collection technique in this research is data collection by searching, reading and taking notes from the results of written works in the form of books or other sources related to the discussion. The results of this study indicate that 1. Based on KPAI data for the last 5 years starting from 2016-2020 the dominant type of child neglect cases are children with social welfare problems. experienced a decrease in the cases of neglected children. 2. To realize the social welfare of neglected children, the Government together with the Ministry of Social Affairs seeks to maintain and protect neglected children. The Ministry of Social Affairs in carrying out its duties is assisted by the Social Service located in each Regency/City. The forms of legal protection by the government for neglected children according to Law No. 35 of 2014 concerning Child Protection include: 1) Supervision, 2) Prevention, 3) Treatment, 4 ) Counseling, 5) Social rehabilitation and 6) Social assistance. 3. Based on the fiqh siyasah protection against neglected children, which refers to the siyasa dusturiyah (constitution) which is the responsibility for the protection of neglected children, a leader in this case is the government. The role of the government is very much needed in handling abandoned children in line with Islamic law because in Islamic law, whether or not a policy leader or government administrator is correct depends on the implications for the people. If the policy has implications for the benefit of the people, it is considered correct by Shari'a. impact mafsadat on the people it is considered to violate the Shari'a.