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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam
Latif, Hamzah
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Law, Crime, Criminology & Criminal Justice Social Sciences

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State and Protection of Cultural Heritage in Bone, South Sulawesi: Perspectives on National Law and Islamic Law Sugirman, Andi; Latif, Hamzah; Darna, Andi; Rizwan, Muhammad; Nawawi, Jumriani
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 3 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i3.22125

Abstract

Indonesia possesses a rich cultural heritage consisting of both tangible and intangible artifacts that continue to exist in the present day. This cultural heritage has significantly contributed to the advancement of human civilization, encompassing economic, social, and scientific dimensions. This study seeks to examine the state's involvement in safeguarding cultural assets in Bone Regency, located in South Sulawesi, Indonesia. The article employs an empirical research methodology that applies both the constitutional law and the Islamic law. Data were gathered by comprehensive interviews, direct observation, and the collection of relevant documents. The sources for the study included the tourism office, members of the People's Representative Council (DPR), as well as religious and community leaders. The investigated papers consisted of legal regulations, including laws, regulations, and relevant journal articles. The findings indicate that the government plays a crucial role in the protection of the cultural assets in Bone Regency. Within the realm of the constitutional law, the government has enacted Law No. 11 of 2010, which pertains to Cultural Heritage. Similarly, the Bone Regency government has also enacted Regional Regulation No. 7 of 2020, which concerns the Preservation and Management of Cultural Heritage. To enforce this protection, many cultural legacies have been designated, such as the burial grounds of the Bone monarchs and significant cultural and historical locations. Within the framework of the Islamic law, the preservation of cultural assets is considered advantageous. The advantages derived from cultural heritage include the reinforcement of national identity and character, historical education, the promotion of tourism attractions, and the provision of a religious lesson for present and future generations. 
The Construction of Inheritance Law Reform in Indonesia: Questioning the Transfer of Properties through Wasiat Wājibah to Non-Muslim Heirs Zubair, Asni; Latif, Hamzah; Hariyanto, Al Furqon Dono
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 1 (2022): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v6i1.12628

Abstract

This article examines the construction of inheritance law reform in the transfer of properties through wasiat wājibah to non-Muslim heirs. Questioning the jurisprudence of the Supreme Court which makes wasiat wājibah  as an alternative in giving inheritance rights to heirs who are prevented from getting an inheritance due to religious differences (non-Muslims). This study is an empirical legal study that examines the decisions of the Supreme Court relating to the transfer of inheritance to non-Muslims. The study concludes that in terms of inheritance law reform is an alternative in changing Islamic law that must be carried out in response to changes in community social conditions. The construction of inheritance law reform in judicial decisions has formulated inheritance law by giving inheritance rights to heirs of different religions (non-Muslims) by means of wasiat wājibah . The jurisprudence of the Supreme Court of the Republic of Indonesia has expanded Article 209 of the Compilation of Islamic Law by adding parties who can receive a wasiat wājibah, including heirs who are prevented from inheriting due to religious differences. The construction of inheritance law reform on the transfer of inheritance properties with wasiat wājibah  in the jurisprudence of the Supreme Court of the Republic of Indonesia has exceeded the quantitative limit in granting wasiat wājibah. The impression does not pay attention to the signs in the application of wasiat wājibah  by ignoring the maximum limit. Wasiat wājibah  as a solution is not unacceptable as inheritance law reform but must still guide the legal media used by considering the basic rules that surround it.
Women and Domestic Violence in Bone, South Sulawesi: Sociological Perspectives, Legal Awareness, and Gender Abidin, Kurniati; Latif, Hamzah; Faturrahman, Faturrahman; Azzahrah, Waode Mabrukah; Makkarateng, Ma’adul Yaqien
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 10 No. 2 (2026): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/7bpj4837

Abstract

Domestic violence remains a social problem affecting many women in Indonesia, reflecting gender inequality rooted in social and legal structures. This study aims to understand the decision-making process of female victims of domestic violence who choose not to report their experiences. The study employed empirical legal methods, analyzed using theories of legal sociology, legal awareness, and gender. Data were collected through observation, interviews, and document studies. The informants interviewed included female victims, victims of violence, academics, and religious leaders. The data analyzed consisted of primary and secondary data. The results show that the decision to remain silent is not merely a result of fear or powerlessness, but rather a form of rational, reflective agency within limitations. This decision is formed through the accumulation of social factors, patriarchal culture, and unequal gender power relations in society, which place women in a subordinate position. Furthermore, the meaning of law for female victims is understood as a masculine social force and is far from their lived experiences, so that formal law loses its relevance in providing protection. The solution offered is that concrete steps are needed in the future from the government and related institutions, religious leaders, and communities to provide legal protection, build awareness, and provide equal education so that women can obtain justice. These findings enrich sociological, legal and gender awareness studies by showing that the experiences of female victims of domestic violence are a real struggle in facing an unjust social system.
Co-Authors Andi Sugirman, Andi asni zubair Azzahrah, Waode Mabrukah Darna, Andi Faturrahman Hariyanto, Al Furqon Dono Jumriani Nawawi Kurniati Abidin, Kurniati Makkarateng, Ma’adul Yaqien Rizwan, Muhammad