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All Journal Journal of Humanities and Social Studies Al-Adalah: Jurnal Hukum dan Politik Islam
Nurul Huda Prasetiya
Universitas Islam Negeri (UIN) Sumatera Utara
Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection Practice For Children Of Terrorists At Al-Hidayah Islamic Boarding School In Deli Serdang Regency Analysis Of Indonesian Government Regulation Number 78 Of 2021 Fahmi Aditya Hafidz Lubis; Nurul Huda Prasetiya; Arifuddin Muda Harahap
JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) Vol 7, No 1 (2023): JHSS (Journal of Humanities and Social Studies)
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/jhss.v7i1.8671

Abstract

The research focus is on the legal protection of children from perpetrators of terrorist crimes, regarding how the handling of children of terrorist crime perpetrators is carried out through a justice-oriented approach and analysis based on Indonesian Government Regulation No. 78 of 2021 concerning Special Protection for Children, and its implementation at Al-Hidayah Islamic Boarding School in Deli Serdang Regency. The research problem formulated in this study is how the concept of legal protection for children is defined according to Indonesian Government Regulation No. 78 of 2021 concerning Special Protection for Children. The research model is qualitative, and the preliminary steps involve field observations and interviews. This study employs legal state theory and legal protection theory. In conclusion, this research demonstrates that the legal protection practices for children of terrorist crime perpetrators at Al-Hidayah Islamic Boarding School in Deli Serdang Regency have provided partial legal protection to these children and warrant maximum improvement. This improvement could be achieved through the collaboration of various institutions such as the Ministry of Religious Affairs, Ministry of Social Affairs, Ministry of Women's Empowerment and Child Protection, National Counterterrorism Agency (BNPT), and other relevant agencies. These institutions should focus on providing services in the areas of education, ideology, and national values; counseling about the dangers of terrorism; social rehabilitation; social support and the necessity of other concrete regulations aimed at child protection. For instance, regulations could ease the administrative processes for former terrorism perpetrators and their families.
Legal Validity and Implications of Remarriage During Divorce Proceedings in Indonesia: An Islamic Family Law Perspective Annisa Rahmi; Nurul Huda Prasetiya
Al-Adalah: Jurnal Hukum dan Politik Islam Vol.10 No.2 (2025)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v10i2.10336

Abstract

This study examines the phenomenon of unregistered marriages (sirri) conducted by women who are still undergoing divorce proceedings at the Religious Court of Teluk Nibung. The primary objective is to analyze the legal status of such marriages from the perspective of Islamic law and Indonesian positive law. Employing a qualitative method with a juridical-empirical approach, the research draws on interviews, observations, and document analysis. The findings indicate that remarriage during an unresolved divorce process is driven by socio-economic factors, spousal neglect, and limited legal awareness. From the standpoint of Islamic jurisprudence, particularly within the Shafi’i and Hanbali traditions, such marriages are invalid because the woman is not yet considered a widow in the sharī‘ah sense and has not completed the prescribed iddah period. Under Indonesian statutory law, these practices contravene the principle of monogamy as enshrined in Law No. 1 of 1974 and the Compilation of Islamic Law. This study highlights the incompatibility of the practice with both normative frameworks and underscores the urgent need for legal education and stronger institutional oversight to prevent deviations. The research contributes to the discourse on marriage law by offering a socio-legal perspective that integrates doctrinal analysis with community realities.
Co-Authors Annisa Rahmi Arifuddin Muda Harahap Fahmi Aditya Hafidz Lubis