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Integrating Islamic Principles with Modern Legal Frameworks: Addressing Children’s Origin in Religious Courts Sistyawan, Dwanda Julisa; Pakarti, Muhammad Husni Abdulah; Harmono, Harmono; Judijanto, Loso; Supaat, Dina Imam
Contemporary Issues on Interfaith Law and Society Vol. 4 No. 1 (2025): Intersections of Religious Diversity, Legal Frameworks, and Human Rights
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v4i1.20639

Abstract

This study investigates the legal complexities in determining the status of children born out of wedlock within the framework of Islamic family law, focusing on cases adjudicated by the Temanggung Religious Court. The research is driven by the increasing number of disputes related to birth records, the evidentiary role of DNA testing, and the legal implications for children's civil status and inheritance rights. Employing a normative legal research method, this study analyzes statutory regulations, authoritative legal literature, and selected court decisions to evaluate how legal norms are applied in actual case resolutions. The study aims to explore several critical issues: the implications of different birth records, the role of DNA testing in establishing paternity, and the legal recognition of children born out of wedlock in Islamic family law. Findings indicate that DNA testing has emerged as a pivotal tool in confirming biological paternity, thereby providing legal certainty and safeguarding children's inheritance rights. However, inconsistencies in birth record documentation often result in ambiguity and pose challenges in determining legal parentage. The jurisprudence of the Temanggung Religious Court demonstrates varied approaches, reflecting both the rigidity and adaptability of current legal interpretations in reconciling religious doctrine with scientific evidence. The study concludes that despite the availability of scientific methods, the absence of uniform legal standards contributes to inconsistencies in the protection of children's rights. Legal reform is therefore necessary to harmonize Islamic legal principles with modern evidentiary practices. Strengthening procedural clarity and integrating scientific proof within religious adjudication frameworks will promote a more equitable and rights-based approach in family law, particularly in matters of parentage and inheritance.
Socioeconomic Influence on Political Choices in Elections in Temanggung Regency Sistyawan, Dwanda Julisa; Gisymar, Najib A; Sarkanto, Sarkanto; Fristianti, Nadya Dhea
Politicon : Jurnal Ilmu Politik Vol. 7 No. 1 (2025): Politicon : Jurnal Ilmu Politik
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/politicon.v7i1.37105

Abstract

This study aims to analyze the influence of socio-economic factors on political participation in elections in Temanggung Regency. The research method employed is a quantitative combination of a survey involving 600 respondents from various districts in Temanggung Regency. The results reveal that factors such as education level, type of employment, and economic sector significantly impact community political participation. Higher education levels tend to enhance political awareness and engagement. Meanwhile, the type of employment and economic sectors influence patterns of political involvement. Economic issues such as unemployment and poverty present significant challenges faced by the people of Temanggung ahead of the elections. The recommendations of this study include increasing access to education, economic empowerment, and inclusive policies to encourage broader and more representative political participation.
Empowering Communities through Electoral Law Reform: The Challenge of Single-Candidate Elections in Indonesia Julisa Sistyawan, Dwanda; Jayawibawa, Marcellus; Vallentino Neonbeni, Randy; Judijanto, Loso; Uticha Sally, Novian
Indonesian Journal of Legal Community Engagement Vol. 8 No. 1 (2025): (January-June 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v8i1.23294

Abstract

This study examines the increasing prevalence of single-candidate elections in Indonesia’s regional (Pilkada) contests and their implications for community empowerment and local democracy. These elections undermine democratic principles by restricting voter choice, weakening political competition, fostering voter apathy, and disempowering communities. The study employs a community-based qualitative approach, focusing on the analysis of relevant laws, Constitutional Court decisions, reports from the General Election Commission (KPU), and scholarly literature. Findings indicate that the dominance of major party coalitions and entrenched incumbents marginalizes communities, limits alternative leadership, and weakens accountability. This study highlights that electoral reform is not merely technical but also a crucial instrument for empowering communities by restoring their sovereignty and agency in governance. To address these challenges, the study recommends comprehensive reforms, including strengthened political education for first-time voters, improved transparency, stricter controls on money politics, and greater opportunities for independent and minority candidates. Such measures are essential to revitalizing local democracy, promoting political diversity, and ensuring inclusive and competitive regional elections that reflect the aspirations and sovereignty of the people.
A Comparative Analysis of Mechanisms for Settlement of Election Disputes: Case Studies of Indonesia and South Africa Sistyawan, Dwanda Julisa; Saraswati, Retno; ALW, Lita Tyesta; Sally, Novian Uticha; Jayawibawa, Marcellus
Al-Risalah Vol 24 No 2 (2024): December 2024
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v24i2.1610

Abstract

This study provides a comparative analysis of the mechanisms for settling election disputes in Indonesia and South Africa, focusing on transparency, accountability, effectiveness, and efficiency. Despite notable democratic advancements, both nations continue to grapple with challenges that could undermine the legitimacy of electoral outcomes and democratic stability. The research investigates how transparent and inclusive these mechanisms are, the extent of public scrutiny, and the accountability measures in place for responsible parties. It also assesses the timeliness of dispute resolution, enforceability of decisions, and their overall impact on electoral integrity and legitimacy. Key findings highlight the roles of Indonesia's Bawaslu and South Africa's IEC in ensuring openness and public participation while identifying political interference, resource constraints, and procedural complexities as significant challenges. The study further explores best practices such as engaging civil society, simplifying procedures, and adopting technology to enhance dispute resolution mechanisms. Through this analysis, the research contributes to the understanding of electoral governance and offers policy recommendations to strengthen democratic institutions in Indonesia and South Africa.
The Position of the Van Dading Deed in the Settlement of Joint Property Disputes: Study of Decision 901/Pdt.G/2023/PA. Tmg Julisa Sistyawan, Dwanda; Abdulah Pakarti, Muhammad Husni; Kurniawan, Lexy Fatharany; Judijanto, Loso; Makkawaru, Zulkifli
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 1 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i1.8811

Abstract

This study aims to analyze the use of Van Dading deed in decision 901/Pdt.G/2023/PA. Tmg. Departing from the problem that the Van Dading Deed plays an important role in the settlement of joint property disputes in Indonesia, by providing legal certainty and an efficient settlement mechanism. This research is a doctrinal study with a case approach. This approach is used to analyze court decisions on Van Dading deeds. Legal materials are obtained from court decisions and to strengthen the analysis, this research also uses several scientific articles and research results related to this research issue in order to produce a sharp analysis. This study explores the legal position of Akta Van Dading in the Indonesian legal system, particularly in the context of joint property disputes. This deed, which is produced through mediation, has the same executorial power as a court judgment, ensuring that the agreement reached will be implemented without the need for additional litigation. A case example in this study is Decision 901/Pdt.G/2023/PA.Tmg, which demonstrates the effectiveness of Akta Van Dading in achieving an amicable and binding settlement. Through mediation facilitated by a mediator, the parties to the dispute were able to reach a fair and sustainable agreement. Thus, the Deed of Van Dading not only reduces the court's workload but also encourages faster settlements and lower costs. This research confirms the importance of Akta Van Dading as an essential legal instrument in achieving justice and legal certainty in the settlement of joint property disputes in Indonesia.
PENGESAHAN IDENTITAS DALAM ASPEK HUKUM PADA PENETAPAN BEDA NAMA STUDI KASUS PERDATA NOMOR 43/PDT.P/2024/PN.TMG Julisa Sistyawan, Dwanda; Fristianti, Nadya Dhea; Sarkanto, Sarkanto
Justitia et Pax Vol. 41 No. 1 (2025): Justitia et Pax Volume 41 Nomor 1 Tahun 2025
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v41i1.9872

Abstract

The issue of legal identity plays a crucial role in legal and administrative processes, particularly when discrepancies arise in naming individuals, as seen in Case No. 43/Pdt.P/2024/PN Tmg involving Sabar and Sabar Widodo. This research adopts a normative juridical approach to analyze the legal principles surrounding establishing identity in official documents. Primary data were obtained from legal case files, while secondary data were gathered through literature reviews. The findings highlight that ambiguities in legal identity can lead to significant challenges, including inheritance rights disputes and administrative misrecognition. The case emphasizes the need for clear and accurate legal identities to ensure legal certainty and protect individual rights. The research underscores the importance of integrating digital signature technology and forensic linguistic expertise in verifying the authenticity of legal documents and identities. The court’s decision to declare that Sabar and Sabar Widodo refer to the same individual underscores the broader significance of identity clarity in legal contexts. This case reflects the need for legal reforms, including adopting modern digital tools to streamline the verification of identities and prevent potential disputes. The study highlights the necessity of a coherent legal framework to safeguard individual rights and ensure smooth administrative and legal procedures.
The Application of Kafā’ah and Weton in the Socio-Legal Development of Marriage Law in East Java Abbas, Suwarto; Mukhlas, Oyo Sunaryo; Neonbeni, Randy Vallentino; Saebani, Beni Ahmad; Judijanto, Loso; Saepullah, Usep; Sistyawan, Dwanda Julisa
Nurani Vol 25 No 2 (2025): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v25i2.28041

Abstract

Kafā’ah (equivalence) constitutes a fundamental principle in Islamic marriage law, aimed at ensuring compatibility between the bride, the groom, and their respective guardians. In East Java, this principle intersects with the cultural practice of calculating weton a Javanese astrological system used to predict harmony and marital success demonstrating how religion and local traditions converge in shaping marital norms. This study aims to analyze the integration of weton practices into the concept of kafā’ah within the socio-legal framework of Islamic marriage law in Indonesia. Employing a qualitative approach, it draws on socio-legal analysis of primary Islamic legal sources, local customs, and state regulations. The data were obtained through document analysis, literature review, and interviews with religious leaders and community figures in East Java. The findings reveal that weton calculation is widely regarded as a cultural expression of kafā’ah, reflecting communal efforts to preserve marital harmony. Although rooted in tradition, it is often interpreted through a religious lens, thereby shaping community perceptions of marriage readiness. This dynamic interplay between Islamic jurisprudence and Javanese wisdom not only sustains local traditions but also enriches the understanding of compatibility in Indonesian marriage law. The study emphasizes the importance of incorporating cultural context into legal development, illustrating how practices such as weton serve to bridge the normative framework of Islamic law with the socio-cultural realities of Indonesia.