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All Journal Al-Istinbath: Jurnal Hukum Islam Advances In Social Humanities Research
Asfia, Hilyatul
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Religion Humanities Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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The Effectiveness of Recognizing the Existence of Traditional Institutions in Indonesia Based on The Constitution Asfia, Hilyatul; Wijaya, Andika; D. Bangas, Karlinae; Milionhart, Benaya
Advances In Social Humanities Research Vol. 2 No. 9 (2024): Advances In Social Humanities Research
Publisher : Sahabat Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/adv.v2i9.285

Abstract

Plurality is a social fact that cannot be avoided in Indonesia. The diversity of Indonesian people's tribes, religions, races, languages ??and religions shows their diversity. The founders of the Republic of Indonesia used the basic philosophy of "unity in diversity" to show the diverse social reality of the Indonesian nation, and the basic philosophy of "tunggal ika" to show the desire to unite the entire Indonesian nation into one. With the combination of the two, the philosophical motto of the Indonesian nation is "Unity in Diversity", which means unity in diversity. Apart from various different societal systems and structures, this community has unique norms that are considered customs and are adhered to by its community members. Customary law communities are genealogical or territorial communities that are prosperous and have citizens who are different from members of other legal communities and can act as independent and independent legal subjects. One of the problems in administering customary law communities is the existence of customary institutions. The problem currently occurring is that there is no clear and integrated mechanism for recognition and protection procedures. Regulations regarding procedural mechanisms for recognizing the rights of customary law communities through sectoral legislation are often not adhered to by various parties, in fact the nature of the regulations which do not focus on specifically regulating customary law community institutions has an impact on ineffective implementation even though customary institutions have relevance to the Indonesian constitution. The existing mechanism only concerns the process of identification, verification and determining its existence, which makes it increasingly pressured by development activities that do not pay attention to traditional rights and threaten local wisdom.
Sex Recession Phenomenon from the Perspective Maqashid Sharia Based on Objectives Marriage Law in Indonesia Pelu, Ibnu Elmi Acmad Slamat; Asfia, Hilyatul; Tarantang, Jefry; Supriadi, Akhmad
AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (0.079 KB) | DOI: 10.29240/jhi.v7i1.4204

Abstract

The sex recession is an implementation of worries about household responsibilities. Marriage, which is supposed to be a requirement for the legality of sexual relations, has experienced a shift. Marriage is no longer considered an appropriate institution with a modern lifestyle in several not Muslim-majority countries. The objective of this research is to offer solutions to the problem of a sexual recession that some of the world's most developed countries are currently facing. This type of research is empirical-normative research. The data were sourced from official news reports and reputable journals that revealed the sex recession in developed countries, such as the United States, England, Australia, and Asian countries such as Japan, South Korea, Singapore, and China. The research was conducted using a phenomenological approach, a conceptual approach, and a philosophical approach. The results of this research show that the epistemology of marriage in Islamic law is a solution to overcome the sex recession during the Covid-19 pandemic. In an ideal world, the phenomena of sex recession may be handled by adopting Islamic law's epistemology in terms of marriage. Even Indonesian marriage law can dispel sex recession by building awareness and understanding of the nature of marriage (maqasid marriage), which is systemically capable of maintaining offspring, self-respect, and religion.
Co-Authors Akhmad Supriadi, Akhmad Andika Wijaya, Andika Ibnu Elmi AS Pelu Jefry Tarantang Karlinae D. Bangas Milionhart, Benaya